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spotlightjr
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Posted: Thu Dec 08, 2011 4:14 am |
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Joined: Wed Sep 17, 2008 4:37 pm Posts: 495 Location: fl Been Liked: 126 times
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I commend you on all your efforts to fight piracy, Athena. You are the perfect example of what we as hosts need to be doing NOW to not only fight piracy but help ourselves as well. I, too, am fighting the good fight down the road from you and will continue to do so.
_________________ Sound Choice and Chartbuster Certified
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rickgood
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Posted: Thu Dec 08, 2011 10:25 am |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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kjathena wrote: Just to clear this up for anyone new. We were named in the first lawsuit here in Florida and sent a letter of intent to sue. Because we are incorporated the letter was sent to our registered agent and had a delay reaching us leaving 1 business day to respond and request our audit. We called that Monday (our last day to reply) and we treated with respect and the process was started. We underwent a skype audit within 3 days (and was dropped from the lawsuit and certified) and after much nastiness from people on the forum I had found and posted on at that time we followed up with a in person audit at SC in NC where we were also audited by CB and received our certification from them...a few months later we had a Stellar/Pop Hits audit during the short window when SC and stellar had an agreement of audit reciprocity. We will be under going our Re-certification with Chartbuster within the week. We educate venues and customer on the pitfalls of piracy and all of our venues know they have no worries of any lawsuits. I donate 2 or more hours per week searching and flagging craigslist nationwide as well as auction lists...I mail KIAA info to venues...when you are fighting for what you know is right and you have morals you dont mind spending a little time.....of course there are those here that have said often I am unprofessional....and maybe in some ways I am ....but I am earning the karma I want to have come back to me Bright Blessings to all kjathena - I'm fairly new here so I might have missed this - why were you named in a lawsuit and sent a letter in the first place?
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JimHarrington
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Posted: Thu Dec 08, 2011 11:45 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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rickgood wrote: kjathena - I'm fairly new here so I might have missed this - why were you named in a lawsuit and sent a letter in the first place? I can answer that one. The report I received from the investigator had some comments on it that we misinterpreted. After Athena responded to our letter and asked for an audit, we went back to the investigator to discuss the report in more detail, as is our usual practice before an audit. After we got a clarification from the investigator, we realized that what we had misinterpreted the investigator's comments as a "trigger" for a lawsuit--a condition that, if we observe it, puts the KJ into the "sue" pile. If we had correctly interpreted the comments, we probably would not have added them to the suit. In any event, Athena's company demonstrated 1:1 compliance, they became certified, and we dismissed the suit against them. They have been very gracious and helpful about the entire episode, and they have worked very hard to fight piracy in their area. I appreciate the work they've done, and I know SC does as well. Hopefully that work will pay off very soon, if it hasn't already.
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JimHarrington
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Posted: Thu Dec 08, 2011 1:14 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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rickgood wrote: We had a couple of similar instances in Raleigh - same investigator being "misinterpreted" I imagine. No, two different investigators. I disagree with your assessment that there were "similar instances" in Raleigh.
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JoeChartreuse
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Posted: Fri Dec 09, 2011 2:18 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea wrote: Not if you're using discs or show your discs. Yes, you may be named but once you are checked 1:1 then it will me dropped.
Huh? Chip says if there is a computer in the room the KJ will be sued, and this is your reply? It makes sense to you? Not IF YOU ARE USING A COMPUTER, but if there is one in the room? You feel that this is justified? Seriously? Yup, they may drop it, but it's ok to sue the KJ in the first place? No investigation? No evidence of anyone actually USING a computer to run the show or doing ANYTHING wrong???? Just insinuate the company into another's livlihood and the hell with the inconvenience, damaged reputation, and possible income loss of the KJ? Legally, possibly. Morally and ethically? I dunno, but that seems just a tad short on ethics to me. I find it sickening- both the company's methods, and what seems to be a new and lower moral standard that would allow others to find it acceptable. Maybe I was just born too late and am simply old fashioned.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
Last edited by JoeChartreuse on Fri Dec 09, 2011 2:45 pm, edited 1 time in total.
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JoeChartreuse
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Posted: Fri Dec 09, 2011 2:43 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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HarringtonLaw wrote: JoeChartreuse wrote: They're not even dong THAT. They are not going after pirates, because their suits are not based on music/lyric theft. Their hook/suit is "Trademark Infringement". They are attempting to make an income from anyone, while in the process of hosting a public karaoke show, who displays their trademark from a source other than their discs.
It doesn't matter to them whether the host is using tracks ripped from original discs owned by the host or not. This statement is yet another one of those zombies that feed on people's brains. 1) A person who is sued based upon the use of media-shifted karaoke tracks at a commercial show, but who is otherwise in compliance with SC's media-shifting policy (i.e., 1:1 correspondence, but not having had the notification and audit), can--for no money at all to SC--demonstrate 1:1 correspondence, get released from the suit, and be certified as a legal operator with respect to SC's material. 2) That is not an "attempt to make an income from anyone...who displays their trademark from a source other than their discs." It is an attempt to differentiate technical infringers from people who did not buy the music they use, and to get the former category out of the suit quickly and for no money. 3) It DOES matter to us whether the host is using tracks ripped from original discs owned by the host or not. )4) Aside from that, what on earth is the difference between "trademark infringement" and "piracy," in your mind? I see trademark infringement, particularly where it involves counterfeiting, as a form of piracy. Most people in my profession, who have an understanding of intellectual property and the laws governing it, see it that way, too. Wait a minute- The existence of zombies hasn't been proven, yet you presume expertise on their diet? Ah well, we don't need no steenking evidence... 1) Since it isn't SC who can give permission to media shift the music and lyrics, what you are really saying is if the KJ satisfies SC's demands, SC will look the other way in regard to the media shift, and not pass on the information to those from whom permission might be received, if they cared to do so- the owners/publishers. Let's say I saw someone rob your house, but told him that if he paid me $50, I wouldn't pass on the information. Where would I stand then? To me it seems like I would be condoning wrongdoing. Now, you believe that media shifting your logo without your written permission is wrongdoing , therefore you must believe that media shifting the greater content of the tracks without the owner/publishers' permission must be wrong too- yet you are willing to let this go unreported and unpunished as long as SC get's theirs? Nice. 2) Nothing in your statement negates my opinion that SC is out to earn a major part of their income in the manner described. 3) It may matter that the host has the discs in regard to the outcome of the suit, but having them has no effect on whether you sue them in the first place. See a PC, initiate a suit.... 4) Your Trademark Infringement hook is based media shifting of your logo. That's it. Many, if not most of us in the karaoke business view piracy in the practical sense- stealing karaoke tracks without paying for them- or paying the real value- either buying pre-loaded HDs, or downloading from the internet, or simply copying another's HD.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Workmen
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Posted: Fri Dec 09, 2011 4:46 pm |
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Joined: Mon Nov 05, 2007 12:10 pm Posts: 113 Been Liked: 0 time
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Seems to me you have the supporting discs or not. If you do what part of Trademark Infringement have you violated by media shifting? If you don't media shifting has nothing to do with it, your just a pirate running illegally copied tracks rather they be on cdg or media shifted.
Last edited by Workmen on Sun Dec 11, 2011 12:41 pm, edited 1 time in total.
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Paradigm Karaoke
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Posted: Fri Dec 09, 2011 5:40 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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that has been the question all along. How has SC been harmed by anyone media shifting from disk to HD? there has never been an answer as SC can not prove any damages at all. duping and reselling copies of the drive, loading the drive with music you did not legally acquire, absolutely that damages SC, but just shifting does not. If you are near a computer, you will be named. Hell, i have an SC cert and have had at least 6 investigators that i know of. you would think they would be smart enough to hide the KIAA packets better.
2) That is not an "attempt to make an income from anyone...who displays their trademark from a source other than their discs." It is an attempt to differentiate technical infringers from people who did not buy the music they use, and to get the former category out of the suit quickly and for no money.
put any other "crime" in place of copying a disk and this statement makes no sense. you have a pipe, you smoke flavored tobacco in it, but i will have you arrested just in case you might be smoking pot in it too. if not, i will let you go with a slap on the wrist for having paraphanalia.
or, you have less than an ounce of marijuana, legal in many states, but i will arrest you just in case you may have more. if not, i will overlook the "technicality" and let you go at no cost to you.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Workmen
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Posted: Fri Dec 09, 2011 10:07 pm |
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Joined: Mon Nov 05, 2007 12:10 pm Posts: 113 Been Liked: 0 time
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The biggest reason a KJ media shifts their cdgs is because they don't want to carry around a set of cdgs. Hauling 20,000 to 30,000 cdg songs around can be back breaking and room consuming which clubs hate. Most have limited room to use. Media shifting to computer solves these problems nicely.
You offer 30,000 song tracks or less your probably legal. Any KJ could easily pump up their track count to 80,000 to 90,000 song tracks if they did it illegally. It's cost and quality tracks that keep a legal KJs song track count down.
Auditing a KJ with 30,000 song tracks or less is a waste of time!
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JoeChartreuse
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Posted: Fri Dec 09, 2011 11:55 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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JoeChartreuse wrote: HarringtonLaw wrote: JoeChartreuse wrote: They're not even dong THAT. They are not going after pirates, because their suits are not based on music/lyric theft. Their hook/suit is "Trademark Infringement". They are attempting to make an income from anyone, while in the process of hosting a public karaoke show, who displays their trademark from a source other than their discs.
It doesn't matter to them whether the host is using tracks ripped from original discs owned by the host or not. This statement is yet another one of those zombies that feed on people's brains. 1) A person who is sued based upon the use of media-shifted karaoke tracks at a commercial show, but who is otherwise in compliance with SC's media-shifting policy (i.e., 1:1 correspondence, but not having had the notification and audit), can--for no money at all to SC--demonstrate 1:1 correspondence, get released from the suit, and be certified as a legal operator with respect to SC's material. 2) That is not an "attempt to make an income from anyone...who displays their trademark from a source other than their discs." It is an attempt to differentiate technical infringers from people who did not buy the music they use, and to get the former category out of the suit quickly and for no money. 3) It DOES matter to us whether the host is using tracks ripped from original discs owned by the host or not. )4) Aside from that, what on earth is the difference between "trademark infringement" and "piracy," in your mind? I see trademark infringement, particularly where it involves counterfeiting, as a form of piracy. Most people in my profession, who have an understanding of intellectual property and the laws governing it, see it that way, too. Wait a minute- The existence of zombies hasn't been proven, yet you presume expertise on their diet? Ah well, we don't need no steenking evidence... 1) Since it isn't SC who can give permission to media shift the music and lyrics, what you are really saying is if the KJ satisfies SC's demands, SC will look the other way in regard to the media shift, and not pass on the information to those from whom permission might be received, if they cared to do so- the owners/publishers. Let's say I saw someone rob your house, but told him that if he paid me $50, I wouldn't pass on the information. Where would I stand then? To me it seems like I would be condoning wrongdoing. Now, you believe that media shifting your logo without your written permission is wrongdoing , therefore you must believe that media shifting the greater content of the tracks without the owner/publishers' permission must be wrong too- yet you are willing to let this go unreported and unpunished as long as SC get's theirs? Nice. 2) Nothing in your statement negates my opinion that SC is out to earn a major part of their income in the manner described. 3) It may matter that the host has the discs in regard to the outcome of the suit, but having them has no effect on whether you sue them in the first place. See a PC, initiate a suit.... 4) Your Trademark Infringement hook is based media shifting of your logo. That's it. Many, if not most of us in the karaoke business view piracy in the practical sense- stealing karaoke tracks without paying for them- or paying the real value- either buying pre-loaded HDs, or downloading from the internet, or simply copying another's HD. In other words, a pirate is someone who steals, not someone who BUYS discs, then just happens to media shift.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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kjflorida
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Posted: Wed Dec 28, 2011 1:44 pm |
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Joined: Wed Jun 29, 2011 12:04 pm Posts: 336 Been Liked: 33 times
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I am glad to see that Harrington law responded to the question as to why Kjathena's company was named to begin with
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c. staley
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Posted: Wed Dec 28, 2011 2:59 pm |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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kjflorida wrote: I am glad to see that Harrington law responded to the question as to why Kjathena's company was named to begin with Right... more "errors" and "misinterpretations".... how convenient.
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timberlea
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Posted: Wed Dec 28, 2011 3:09 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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Just like your "errors" and "misrepresentations", eh Chip. You are just as bad or worse than others on this forum to stir up the pot with your "professional" opinions. But I know you'll response in some snarky way trying to make yourself a victim.
_________________ You can be strange but not a stranger
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c. staley
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Posted: Wed Dec 28, 2011 3:32 pm |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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This is a "timberlea trolling post" that contains no information whasoever and is designed simply to "stir things up.": timberlea wrote: Just like your "errors" and "misrepresentations", eh Chip. You are just as bad or worse than others on this forum to stir up the pot with your "professional" opinions. But I know you'll response in some snarky way trying to make yourself a victim. I've never "played the victim" in any of this timberlea, why would you misrepresent this to everyone? I understand that when you can't explain your gods of Sound Choice out of a paper bag, you simply call it an "error" like it means nothing and if you still don't get your way, you personally attack anyone with an opposing opinion. (you are not making brownie points with Dudley Doright - you know that?) As a matter of fact, I've taken a "proactive role" and simply deleted that vendor's product from our library - that kind of cuts them off at the knees wouldn't you agree? Especially since we've not lost a dime of business, but I understand that you rely heavily on the brand as a replacement for hosting skills, but you "gotta do what you gotta do" I guess. I'm sorry that you haven't the confidence to make any kind of stand for what you believe in. Someday you might.
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timberlea
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Posted: Wed Dec 28, 2011 3:57 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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And so he blathers on. I guess they won, they got your money.
_________________ You can be strange but not a stranger
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c. staley
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Posted: Wed Dec 28, 2011 4:45 pm |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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timberlea wrote: And so he blathers on. I guess they won, they got your money. Yeah, well the got Rodney's money too... and sued him anyway for playing off the original discs.... That cannot ever happen to me..... ever.... I have removed the cancerous brand from our library...
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gd123
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Posted: Thu Dec 29, 2011 2:27 am |
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Joined: Mon Apr 18, 2011 4:51 am Posts: 148 Been Liked: 17 times
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c. staley wrote: Quote: That cannot ever happen to me..... ever.... I have removed the cancerous brand from our library... Lately, I've been seriously contemplating dumping the "cancerous" Brands myself. Between the economy deteriorating as it is and the "cancerous" Politicians that don't give me any hope for the future, I could make about $25,000 selling all my SC discs and another $4,000 selling the CB discs. Not a bad chunk of change and, more importantly, no lawsuits either for me or any Venue I work for. $29,000 could go a long way in purchasing survival equipment and food.
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Paradigm Karaoke
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Posted: Thu Dec 29, 2011 2:58 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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c. staley wrote: ....but I understand that you rely heavily on the brand as a replacement for hosting skills, but you "gotta do what you gotta do" I guess.
I'm sorry that you haven't the confidence to make any kind of stand for what you believe in.
Someday you might. sorry Chip, personal attacks like this do not help your position any. let's try to be a bit bigger. if someone is going to throw stones, don't be that guy.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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chrisavis
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Posted: Thu Dec 29, 2011 7:30 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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gd123 wrote: Between the economy deteriorating as it is and the "cancerous" Politicians that don't give me any hope for the future, I could make about $25,000 selling all my SC discs and another $4,000 selling the CB discs.
Good luck with that. At the prices I buy (and see others buying at), you would have to have at least 4166 ($6/disc MAX if in pristine condition) Sound Choice discs to make $25,000. You could probably piece-meal them on eBay or Craigslist and make close to that over a long period of time, but the power would be out long before you could afford all the survival equipment you are looking for That said......if you actually do have 4000+ Sound Choice discs you want to sell for $25k, *PLEASE* let me know! -Chris
_________________ -Chris
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