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InsaneKJ
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Posted: Sat Oct 17, 2009 3:24 pm |
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Joined: Fri Nov 21, 2008 5:21 pm Posts: 228 Been Liked: 0 time
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c. staley @ Sat Oct 17, 2009 9:59 am wrote: If you asked me where my discs are, I'd ask you; "Why? Are you planning on stealing them?" Of course, the whole idea of using a computer is so you don't have to schlep the discs around.
I understand that your comment would be to someone who walked into your show & asked the question about your discs. I am using your quote merely as an example.
Let us remember that Sound Choice is suing for "Trademark Infringement" that people have copied thier "Trademark" onto a computer hard drive. If one can prove that a KJ has legally purchased the trademarked item that they have copied onto the drive, SC won't sue you, or if named in a suit, will drop you once you're audited. All a person has to do is witness the SC Trademark on a computer screen or TV monitor, without any original cdg's in use, to verify that the Trademark has been copied. You could use a similar scenario for burned discs.
Digitally copying their product is an IP issue & it is obvious that SC has seen the light to not seek litigation for 1:1 media transfer for KJs so they don't have to "schlep" all those discs around. It would probably be an upward battle for SC to try & sue for damages for 1:1 even though copying their disc to HD for commercial use is still "technically" prohibited.
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Jian
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Posted: Sat Oct 17, 2009 3:42 pm |
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Joined: Tue Apr 06, 2004 10:18 pm Posts: 4080 Location: Serian Been Liked: 0 time
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Quote: Let us remember that Sound Choice is suing for "Trademark Infringement" that people have copied thier "Trademark" onto a computer hard drive. If one can prove that a KJ has legally purchased the trademarked item that they have copied onto the drive, SC won't sue you, or if named in a suit, will drop you once you're audited. All a person has to do is witness the SC Trademark on a computer screen or TV monitor, without any original cdg's in use, to verify that the Trademark has been copied. You could use a similar scenario for burned discs.
This mean:
1: SC can issue an intend to sue ANY computer based KJ for trade mark infringement.
2: The burden of proof is on the KJ;
3: That any computer based KJ can be audited by SC
_________________ I can neither confirm nor deny ever having or knowing anything about nothing.... mrscott
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InsaneKJ
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Posted: Sat Oct 17, 2009 4:03 pm |
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Joined: Fri Nov 21, 2008 5:21 pm Posts: 228 Been Liked: 0 time
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Jian @ Sat Oct 17, 2009 6:42 pm wrote: Quote: Let us remember that Sound Choice is suing for "Trademark Infringement" that people have copied thier "Trademark" onto a computer hard drive. If one can prove that a KJ has legally purchased the trademarked item that they have copied onto the drive, SC won't sue you, or if named in a suit, will drop you once you're audited. All a person has to do is witness the SC Trademark on a computer screen or TV monitor, without any original cdg's in use, to verify that the Trademark has been copied. You could use a similar scenario for burned discs. This mean: 1: SC can issue an intend to sue ANY computer based KJ for trade mark infringement. 2: The burden of proof is on the KJ; 3: That any computer based KJ can be audited by SC
Yes Jian, to my understanding, this is apparently so. One would have to have SC content on it for SC to demand "disclosure". CB could "technically" do the same thing. So could Stellar Records. However, SC can act in behalf of The KIAA & audit for other manu's.
I suggest you read what Kurt Slep, CEO of SC has discussed on the ODJT board about it all.
The link below is his first post. There are several more on different threads that you can look at....
http://www.ourdjtalk.com/showthread.php ... post324010
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karyoker
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Posted: Sat Oct 17, 2009 4:54 pm |
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Joined: Wed Jun 30, 2004 3:43 pm Posts: 6784 Location: Fort Collins Colorado USA Been Liked: 5 times
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When Y'all want to get away from it all and get back to a karaoke fun forum Come join mine.. Read the forum guidelines first. We only discuss sex, karoke virgins and stuff.
forum Insane you are welcome but nothing about KIAA or SMIAA
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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Jian
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Posted: Sat Oct 17, 2009 5:43 pm |
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Joined: Tue Apr 06, 2004 10:18 pm Posts: 4080 Location: Serian Been Liked: 0 time
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InsaneKJ @ 18th October 2009, 8:03 am wrote: Jian @ Sat Oct 17, 2009 6:42 pm wrote: Quote: Let us remember that Sound Choice is suing for "Trademark Infringement" that people have copied thier "Trademark" onto a computer hard drive. If one can prove that a KJ has legally purchased the trademarked item that they have copied onto the drive, SC won't sue you, or if named in a suit, will drop you once you're audited. All a person has to do is witness the SC Trademark on a computer screen or TV monitor, without any original cdg's in use, to verify that the Trademark has been copied. You could use a similar scenario for burned discs. This mean: 1: SC can issue an intend to sue ANY computer based KJ for trade mark infringement. 2: The burden of proof is on the KJ; 3: That any computer based KJ can be audited by SC Yes Jian, to my understanding, this is apparently so. One would have to have SC content on it for SC to demand "disclosure". CB could "technically" do the same thing. So could Stellar Records. However, SC can act in behalf of The KIAA & audit for other manu's. I suggest you read what Kurt Slep, CEO of SC has discussed on the ODJT board about it all. The link below is his first post. There are several more on different threads that you can look at.... http://www.ourdjtalk.com/showthread.php ... post324010
If Mr Slip wise to keep us inform, he is welcome to post here. I have no time nor the interest to go through his posts in other forum. Please inform him; and reduce your links to the above forum.
_________________ I can neither confirm nor deny ever having or knowing anything about nothing.... mrscott
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karyoker
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Posted: Sat Oct 17, 2009 6:39 pm |
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Joined: Wed Jun 30, 2004 3:43 pm Posts: 6784 Location: Fort Collins Colorado USA Been Liked: 5 times
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Yes if Mr slep wants to addtreess me I am http://Cabaret-karaoke.com
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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karyoker
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Posted: Sat Oct 17, 2009 6:59 pm |
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Joined: Wed Jun 30, 2004 3:43 pm Posts: 6784 Location: Fort Collins Colorado USA Been Liked: 5 times
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[url=http:cabaret-karaoke.com]link[/url]
I MIGHYT HAVE SOME ILLEGAL DOWNLOADS Come get me..
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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Jian
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Posted: Sat Oct 17, 2009 7:36 pm |
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Joined: Tue Apr 06, 2004 10:18 pm Posts: 4080 Location: Serian Been Liked: 0 time
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karyoker @ 18th October 2009, 10:59 am wrote: [url=http:cabaret-karaoke.com]link[/url]
I MIGHYT HAVE SOME ILLEGAL DOWNLOADS Come get me..
Please stop spamming this thread.
_________________ I can neither confirm nor deny ever having or knowing anything about nothing.... mrscott
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JoeChartreuse
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Posted: Sun Oct 18, 2009 1:28 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Jian @ Sat Oct 17, 2009 6:42 pm wrote: Quote: Let us remember that Sound Choice is suing for "Trademark Infringement" that people have copied thier "Trademark" onto a computer hard drive. If one can prove that a KJ has legally purchased the trademarked item that they have copied onto the drive, SC won't sue you, or if named in a suit, will drop you once you're audited. All a person has to do is witness the SC Trademark on a computer screen or TV monitor, without any original cdg's in use, to verify that the Trademark has been copied. You could use a similar scenario for burned discs. This mean: 1: SC can issue an intend to sue ANY computer based KJ for trade mark infringement. 2: The burden of proof is on the KJ; 3: That any computer based KJ can be audited by SC
As for #2. the in a court of law the burden of proof is on the Plaintiff, who may be countersued for a frivolous lawsuit.
That aside, what I see here would be, if it had any juice, comparable to Sen. Joe McCarthy's Red Menace hunt, which ruined the lives of many and INNOCENT person without any proof whatsoever.
What I see here, had it any juice, would be a harrassment campaign, causing inconvenience and possible monetary loss to INNOCENT hosts AND venues that may be caught up in it.
Piracy MUST be dealt with by a fully authorized, INDEPENDENT, IMPARTIAL, FEDERAL agency.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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karyoker
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Posted: Sun Oct 18, 2009 7:48 pm |
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Joined: Wed Jun 30, 2004 3:43 pm Posts: 6784 Location: Fort Collins Colorado USA Been Liked: 5 times
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Quote: Please stop spamming this thread.
On normal forums with at least !00 members at any time and 500 guests this thread would be considered spam and the OP would have been crucified. Join this forum and enter the dragons cave. You might want to look at the bottom and see how many are aboard.
Todays birthdays outnumber the members on this forum right now..
link
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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timberlea
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Posted: Sun Oct 18, 2009 7:56 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Joe the court has the authority to order a company to produce documents or a KJ their discs. But it is still incumbent for the Plaintiff to prove their total case in court. Just remember in civil court the plaintiff does not have to prove "beyond a reasonable doubt", just predominence of proof. Remember OJ got away in Criminal Court but lost in Civil Court.
_________________ You can be strange but not a stranger
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JoeChartreuse
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Posted: Sun Oct 18, 2009 9:41 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea @ Sun Oct 18, 2009 10:56 pm wrote: Joe the court has the authority to order a company to produce documents or a KJ their discs. But it is still incumbent for the Plaintiff to prove their total case in court. Just remember in civil court the plaintiff does not have to prove "beyond a reasonable doubt", just predominence of proof. Remember OJ got away in Criminal Court but lost in Civil Court.
True enough, but keep in mind that countersuit. The court does frown on frivolous lawsuits. One successful countersuit could end the whole mess....big time.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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leopard lizard
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Posted: Thu Oct 22, 2009 3:16 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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Just an update: Since THE letter went out to bar owners in our area, Mr. 100,000 songs was told to hit the road. He was doing his night for drinks/tips, however so it didn't really create an opening.
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Skid Rowe
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Posted: Tue Nov 03, 2009 4:41 pm |
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Joined: Sun Mar 08, 2009 4:49 pm Posts: 259 Location: Raleigh, NC Been Liked: 7 times
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I just don't understand, what's the big deal. If you are named in a lawsuit, or sent a letter, JUST SHOW THE MAN YOUR DISKS. Heck, I'd be proud to show the auditor my disks. Why is everyone so up in arms about being audited? It's no big deal. (Unless you don't have your disks).
_________________ My first choice IS Sound Choice.
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JoeChartreuse
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Posted: Fri Nov 06, 2009 12:08 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Skid Rowe @ Tue Nov 03, 2009 7:41 pm wrote: I just don't understand, what's the big deal. If you are named in a lawsuit, or sent a letter, JUST SHOW THE MAN YOUR DISKS. Heck, I'd be proud to show the auditor my disks. Why is everyone so up in arms about being audited? It's no big deal. (Unless you don't have your disks).
I would be happy to show my discs to anyone with the AUTHORITY to ask, such as federal agency with no agenda. However, when some pompous little twit with no juice or authority walks in and DEMANDS to see my discs (as one did) during a show, said twit gets shown the door.
If the twit wishes to make an appointment and pay for my time...okey dokey.
Kind of a principle thing....
Again, all of this should be handled by a non-aligned authorized federal agency, not a music comapny shill...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Skid Rowe
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Posted: Fri Nov 06, 2009 2:51 pm |
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Joined: Sun Mar 08, 2009 4:49 pm Posts: 259 Location: Raleigh, NC Been Liked: 7 times
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Pay for your time. GIVE ME A BREAK. All they're trying to do is catch the pirates. Is your time so valuable that you can't take an hour or so to help stomp out the piracy in your area? That little twit only trying to help us..
_________________ My first choice IS Sound Choice.
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timberlea
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Posted: Fri Nov 06, 2009 10:12 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Of course you can wait for them to get a subpoena for them, drag you into court (which you will not get paid for) etc, and winding up with the same results.
_________________ You can be strange but not a stranger
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Bazza
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Posted: Sat Nov 07, 2009 9:12 am |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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Skid Rowe @ Fri Nov 06, 2009 5:51 pm wrote: All they're trying to do is catch the pirates. Is your time so valuable that you can't take an hour or so to help stomp out the piracy in your area? That little twit only trying to help us..
So, you guys wouldn't mind if the FBI stopped by some Friday night and wanted to go through your house looking for illegal drugs? After all, you have nothing to hide...they are just trying to stomp out drugs! Just let em in!
And how about some random traffic stops to let the state patrol search your car for contraband. Nothing in your trunk right, so no big deal!
Hey! Why not let the ATF search/frisk people on the street at random for hidden weapons! After all, you don't have any so whats the big deal? They just want to eliminate gun runners after all.
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KaraokeJerry
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Posted: Sun Nov 08, 2009 4:21 am |
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Joined: Wed Jun 25, 2008 2:28 am Posts: 216 Location: Raleigh, NC Been Liked: 43 times
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Sound Choice has the right, as does everyone, to sue in civil court because it believes its property has been stolen. (This is not criminal court.)
Sound Choice must have some reasonable assumption of its charges because Sound Choice can be counter-sued for a frivolous action; you don't want to bring a weak case into federal court. Sound Choice has made it clear that it will immediately drop action against any KJ who shows he or she has the discs.
As I posted earlier in this thread, a Sound Choice rep (an actual employee of the company) visited one of my shows and verified I had the discs.
I was very curious about this visit, so I contacted Sound Choice directly. A Sound Choice employee explained the company's investigation and litigation plans, including how the company would set up an audit.
However you feel about the manufacturers and their earlier practices, they've been getting prison-raped by pirates so I don't blame them for trying to fight back. I agree with Skid Rowe (who is familiar with the extreme high proportion of pirate KJs in our area), what's the big deal about allowing Sound Choice to verify you are NOT a pirate? I would think legit KJs might even invite Sound Choice to stop by their shows.
If this was a case of just a very small percentage of pirates in the overall KJ population, I probably wouldn't care for Sound Choice's line of action. But in my area, the percentages are incredibly out of whack -- I'm willing to bet it's 80-to-90-percent pirates to legit KJs.
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Skid Rowe
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Posted: Sun Nov 08, 2009 3:22 pm |
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Joined: Sun Mar 08, 2009 4:49 pm Posts: 259 Location: Raleigh, NC Been Liked: 7 times
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If a Sound Choice rep came by my show, and wanted to see my originals, he would of course have to wait until after my show was over. I might even get him to help pack up at the end of the night. Then maybe we'd go to breakfast, and I could pick his brain a little. We could agree on a time to come by the house the next day, and check my disks at a reasonable hour. (Not 3:00 in the morning). It's really no biggie. I might even ask Jerry to come along.
_________________ My first choice IS Sound Choice.
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