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PostPosted: Mon Aug 17, 2015 6:52 am 
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HarringtonLaw wrote:


Rat whom out? JD? For linking to a YouTube track that was placed there by Digitrax? No, I don't think so.

This doesn't make sense to me. On one hand we have karaoke manufacturers complaining of everyone "stealing" from them, while on the other, we have those same manufacturers putting their tracks on line so anybody can "take" them. Yup, they're here for the taking folks.

Seems like a double standard to me. None of this makes any sense.

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PostPosted: Mon Aug 17, 2015 6:54 am 
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HarringtonLaw wrote:
Rat whom out? JD? For linking to a YouTube track that was placed there by Digitrax? No, I don't think so.


Just s few short years ago, any karaoke track on YouTube would cause an uproar.... as if it were on Napster or limewire.

Now, vendors are placing them there themselves. And nobody gives a squat. There are entire channels of videos from all the brands. Including one channel of 53 videos where the trademark has been stripped out and replaced.

Like this:



Last edited by c. staley on Mon Aug 17, 2015 7:00 am, edited 1 time in total.

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PostPosted: Mon Aug 17, 2015 7:00 am 
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c. staley wrote:
HarringtonLaw wrote:
Rat whom out? JD? For linking to a YouTube track that was placed there by Digitrax? No, I don't think so.


Just s few short years ago, any karaoke track on YouTube would cause an uproar.... as if it were on Napster or limewire.

Now, vendors are placing them there themselves. And nobody gives a squat. There are entire channels of videos from all the brands

So, then how can manufacturers have an issue with piracy when they are contributing to it big time. Do you think that someone is going to buy/subscribe to DigiTrax when they can get those same tracks on YouTube, posted by DigiTrax, for free???

I give up.

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PostPosted: Mon Aug 17, 2015 7:27 am 
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c. staley wrote:
HarringtonLaw wrote:
Rat whom out? JD? For linking to a YouTube track that was placed there by Digitrax? No, I don't think so.


Just s few short years ago, any karaoke track on YouTube would cause an uproar.... as if it were on Napster or limewire.

Now, vendors are placing them there themselves. And nobody gives a squat. There are entire channels of videos from all the brands. Including one channel of 53 videos where the trademark has been stripped out and replaced.


We routinely send takedown requests and complaints to YouTube where it is possible to do so, as I have now done on the particular track you embedded. We'll examine this particular user's account and take action on those tracks in which we have rights.


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PostPosted: Mon Aug 17, 2015 7:36 am 
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Pick a side Alan B:

SIDE "A":
Alan B wrote:
Can you blame him? For years, people have been steeling from him which in turn has hurt his business. I'm sure Mr. Slep would much rather be producing and selling (the key word is "selling") karaoke music as in the past than having to go after criminals.

You may not like SC's methods but ask yourself...

How would you feel if everyone was stealing your products and profiting by them while you never received a single penny for them.

Think about it, over 90% of KJ's are making money using SC tracks while SC doesn't receive anything. It sure changes your perspective about people and business.

So what should SC do? After all, they've been seriously damaged by piracy. Yes, retaliate and try to recoup what was wrongfully taken away from them. Unfortunately, a good guy or two might get hurt in the process but if they truly are doing everything legally, they have nothing to worry about.

Piracy has killed SC and is killing the industry. We are a part of the industry.

I understand SC's position. If it was my company and everyone was stealing from me, literally forcing me out of business, I'd retaliate too.

Your option for using SC tracks is use the discs or get permission to shift. It can't get any easier than that.

Before condemning SC, put yourself in their shoes.


SIDE "B":
Alan B wrote:
So, then how can manufacturers have an issue with piracy when they are contributing to it big time. Do you think that someone is going to buy/subscribe to DigiTrax when they can get those same tracks on YouTube, posted by DigiTrax, for free???

I give up.


One one hand, you sympathize with manufacturers and on the next you "give up" because of them.....

Adding graphics to an audio track has been inexpensive and easy to do for a number of years. No one has yet to complain about SC/PEP selling the audio tracks/entire albums on iTunes for peanuts.

https://itunes.apple.com/us/album/karao ... d120613066

They've been surviving on the average KJ's crackhead-like addiction to "have more songs."

Unfortunately, most KJ's fall for it.

(And it's usually because they have no entertainment skills so they have to rely on a song inventory. )


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PostPosted: Mon Aug 17, 2015 7:44 am 
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HarringtonLaw wrote:
We routinely send takedown requests and complaints to YouTube where it is possible to do so, as I have now done on the particular track you embedded. We'll examine this particular user's account and take action on those tracks in which we have rights.


I believe that they only action you'll really take is to add them to your Christmas card list for cultivating more pirates you can license into customers.

According to many of the posts I read here, you haven't done diddly-squat even with verified local pirates that are affecting your "certified KJ customer base." So it's apparent that your "enforcement" isn't enforcement at all.... It's exactly what Kurt Slep said it was at your streamed summit: "Suits drive sales."

I'm amazed that you haven't sued YouTube for the very same "vicarious infringement" that you use on venues..... They're distributing it and with a leading commercial, they're benefiting from it financially too... Explain that one.

So, c'mon.... grow a pair and sue YouTube.... try at least to do something that is recognizable and measurable for your customer base.... (but once you have their money, they're no longer important are they?)

Gee, this youtube user has been there at least a couple YEARS and it took me all of about 10 seconds to find them:
--------------------------------
zonekaraoke.com
292 subscribers • 298,655 views
Joined Feb 4, 2013
---------------------------------


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PostPosted: Mon Aug 17, 2015 8:13 am 
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c. staley wrote:
No one has yet to complain about SC/PEP selling the audio tracks/entire albums on iTunes for peanuts.

https://itunes.apple.com/us/album/karao ... d120613066


We've repeatedly asked Apple to remove the references to "Sound Choice" from those tracks. They are audio tracks owned by Stingray and sold by Stingray. They don't carry our trademarks or trade dress at all, except in the listing.


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PostPosted: Mon Aug 17, 2015 8:35 am 
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HarringtonLaw wrote:
c. staley wrote:
No one has yet to complain about SC/PEP selling the audio tracks/entire albums on iTunes for peanuts.

https://itunes.apple.com/us/album/karao ... d120613066


We've repeatedly asked Apple to remove the references to "Sound Choice" from those tracks. They are audio tracks owned by Stingray and sold by Stingray. They don't carry our trademarks or trade dress at all, except in the listing.

Well, well.... isn't that interesting?

So you "repeatedly ask Apple" but "sue venues?"

It's apparently okay with you to "confuse the public" with all the Sherman Act stuff (about origin and affiliation you put in a lawsuit against a KJ) if it's Apple?

BTW: There's nothing... I mean nothing, to affiliate the iTunes listing with Stingray. As a matter of fact, above the multiple copies of your trademark displayed on the page is this:
"Top Albums and Songs by Sound Choice Karaoke"

It specifically identifies "Sound Choice Karaoke" and NO WHERE in the listing is the word "Stingray." You had to say it was Stingray because they didn't.

I don't see you protecting your trademark here. This is the inconsistency in your actions: You stand idly by as Apple makes money off confusing the pubic "through commerce and origin or affliliation" by using your trademark on their listings, but you want to jump right in and sue "Joe's bar" down the street for thousands for doing the very same thing?

So when it comes to the big companies like YouTube and Apple, SC/PEP is afraid of them so they allow them to infringe on their precious trademark all they want?

Fire up your "excuse machine"... we're waiting


Last edited by c. staley on Mon Aug 17, 2015 10:23 am, edited 2 times in total.

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PostPosted: Mon Aug 17, 2015 9:41 am 
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Mr. Harrington,

Here's another one you might want to look into:

http://www.dailymotion.com/video/x239o4 ... oice_music

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PostPosted: Mon Aug 17, 2015 3:40 pm 
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Still waiting for an answer:


I'm amazed that you haven't sued YouTube for the very same "vicarious infringement" that you use on venues..... They're distributing it and with a leading commercial, they're benefiting from it financially too... Explain that one.


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PostPosted: Mon Aug 17, 2015 5:58 pm 
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c. staley wrote:
Gee, this youtube user has been there at least a couple YEARS and it took me all of about 10 seconds to find them:
--------------------------------
zonekaraoke.com
292 subscribers • 298,655 views
Joined Feb 4, 2013
---------------------------------
plus good chance that at least Some of those subscribers (if not many) are just streaming these YouTube tracks for their shows. I know it's happening around here. People ask me all the time why I won't play YouTube tracks when so and so and these guys here play them. Funny thing is a lot of song not available on karaoke through legal channels can be found on YouTube.

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PostPosted: Tue Aug 18, 2015 4:39 pm 
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c. staley wrote:
Still waiting for an answer:


I'm amazed that you haven't sued YouTube for the very same "vicarious infringement" that you use on venues..... They're distributing it and with a leading commercial, they're benefiting from it financially too... Explain that one.


Is it just me or do you hear crickets too?


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PostPosted: Tue Aug 18, 2015 5:40 pm 
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c. staley wrote:
c. staley wrote:
Still waiting for an answer:


I'm amazed that you haven't sued YouTube for the very same "vicarious infringement" that you use on venues..... They're distributing it and with a leading commercial, they're benefiting from it financially too... Explain that one.


Is it just me or do you hear crickets too?


Why is anyone amazed? It's common sense. It's the SC business model to sign-up KJs onto their service under the threat of litigation, since the service is cheaper than legal fees. If they sue Apple, they would go bankrupt themselves in legal fees.

BTW, this type of business practice sucks, but it's everywhere. Very similar to patent trolls in the tech industry. If you haven't seen John Oliver's piece on patent trolls, it's hilarious!

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PostPosted: Tue Aug 18, 2015 7:52 pm 
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while we are waiting, i will just post this back up here again....

Paradigm Karaoke wrote:
HarringtonLaw wrote:
Alan B wrote:
Mr. Harrington,

Maybe you can answer a question...

Is SC/PEP seriously interested in eliminating piracy for the benefit of the honest KJ?

We are a few small fish in an ocean of sharks trying hard to survive. Why don't you go after the leads we provide? I can give you several right now of pirates in my area. Actually, one of them I've reported several years ago and they're still out there in all of their pirate glory.

Why is nothing done about these leads? Over the years, we've spent hundreds/thousands of dollars supporting you. Now we need you to support us. Please make it a priority to act upon the leads we send you. It's very frustrating to see the same pirates out there who've been reported several times.

So, if interested in eliminating piracy for the benefit of the honest KJ, please make us and our leads a priority.

Thank you.


We are interested in eliminating piracy, yes.

i have seen nothing to back this up
HarringtonLaw wrote:
But the methods we have at our disposal are expensive.

completely understood, i believe this whole heartedly
HarringtonLaw wrote:
We have to have investigators in the area who can legally do the investigative work needed to support a lawsuit, and they have to be paid.

you have already done some down here. you know my feelings on them, but they are here in AZ.
HarringtonLaw wrote:
We have to have attorneys in the area who can file the suits, and they have to be willing to work on contingent fee.

done enough suits here to know that you have those in AZ
HarringtonLaw wrote:
We have to have funds to pay filing fees and to pay for service of process on the defendants.

done that too.

if your resources are that limited, why not put them to use against verified pirates reported by certified hosts instead of paying investigators to check Podunk, Iowa and taking chances. why spend those precious resources to sue pirates stealing from other pirates or "techincal infringers" instead of supporting your certified hosts who did what you wanted?
i believe you would get a lot more support (not everyone obviously) if people saw that by signing up for an audit to support SC/PEP got them the support OF SC/PEP in return by allocating resources to support those hosts by suing verified pirates (who would you trust more than your own supporters) that these certified hosts reported to you.
at the moment what is seen is that by signing up and getting an audit to support SC/PEP, then SC/PEP can go investigate and sue someone else we have never heard of in a town we have never heard of and does not affect us in any way.

HarringtonLaw wrote:
It's not that we don't sincerely want to help you or to go after the pirates in your area. It's that it takes more than desire. I'm not sure where you're located, but we do have several more areas coming online in the next few weeks. If you'll send me a PM, I'll see what I can do.

we have all reported pirate hosts to SC/PEP and to date not a single one of those pirates reported has ever had anything happen to them. ask around, i have said it before and been backed up by anybody here that has reported a pirate. we got certified and SC left us out to swing in the wind alone while hunting everywhere else.

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PostPosted: Wed Aug 19, 2015 7:32 am 
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Excuse any ignorance that might be showing in this question/observation, but since Apple is, simply put, a distribution channel for digital product like this, why would anyone think that Apple is responsible for the advertising/logos/trademarks/etc. attached to the advertising of someone else's product listing? I would imagine that the fault lies in the ones who listed the items with Apple...


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PostPosted: Wed Aug 19, 2015 10:34 am 
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doowhatchulike wrote:
Excuse any ignorance that might be showing in this question/observation, but since Apple is, simply put, a distribution channel for digital product like this, why would anyone think that Apple is responsible for the advertising/logos/trademarks/etc. attached to the advertising of someone else's product listing? I would imagine that the fault lies in the ones who listed the items with Apple...


Because the trademark they are displaying with the product clearly does not belong to Stingray Digital, the sellers of the audio-only product. It is deceptive as to it's origin since it is a product "in commerce" according to the Lanham act. As a matter of fact, upon a cursory glance at the listings, I didn't see any mention at all of "Stingray." Did you?

Although Apple may not know that the trademark belongs elsewhere -- kind of like a venue owner doesn't know anything about a karaoke trademark-- Apple is still being paid for the advertising of the product (like a venue owner makes money off drinks).

Looks like a clear case of vicarious infringement if you ask me.... (but no one did).

Same is true (or even "truer") with YouTube.


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PostPosted: Wed Aug 19, 2015 11:18 am 
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c. staley wrote:
doowhatchulike wrote:
Excuse any ignorance that might be showing in this question/observation, but since Apple is, simply put, a distribution channel for digital product like this, why would anyone think that Apple is responsible for the advertising/logos/trademarks/etc. attached to the advertising of someone else's product listing? I would imagine that the fault lies in the ones who listed the items with Apple...


Because the trademark they are displaying with the product clearly does not belong to Stingray Digital, the sellers of the audio-only product. It is deceptive as to it's origin since it is a product "in commerce" according to the Lanham act. As a matter of fact, upon a cursory glance at the listings, I didn't see any mention at all of "Stingray." Did you?

Although Apple may not know that the trademark belongs elsewhere -- kind of like a venue owner doesn't know anything about a karaoke trademark-- Apple is still being paid for the advertising of the product (like a venue owner makes money off drinks).

Looks like a clear case of vicarious infringement if you ask me.... (but no one did).

Same is true (or even "truer") with YouTube.


I do believe that the "relative" (pun fully intended) nature of the hierarchy (past, present and/or future) of Sound Choice and Stingray, that has been discussed at length over these forums, could explain why not much to-do is being made about the use of SC markings on the advertisement. Food For Thought: If Stingray is responsible for using the SC markings improperly, do you actually think that they would litigate the issue, or does it make sense that they would be more inclined to let it slide, especially if there is financial benefit to be derived?


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PostPosted: Wed Aug 19, 2015 3:00 pm 
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financial benefit for who? SC sold the tracks to Stingray years ago. You think Derek is paying Kurt?

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PostPosted: Wed Aug 19, 2015 4:15 pm 
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Paradigm Karaoke wrote:
financial benefit for who? SC sold the tracks to Stingray years ago. You think Derek is paying Kurt?


Naw, I think it's pretty simple:

(1) Derek and Kurt sold the catalog to Stingray Digital (Derek was sold as collateral for a while)
(2) and in that deal, licensed back the tracks to sell on disc.
(3) And since SC can't stream/sell digital versions because of the arrangement with Stingray but still wanted to "go digital," they invented the gem series which is.... of course.... sold "on disc."
(4) Most consumers don't know who "Stingray digital" is, but the know the trademark of SC since that's where they've seen it... soo.....
(5) Kurt "licensed back" the trademark to help Stingray sell on iTunes.....

(6) And that, ladies and gentlemen, is how speculation works..... doesn't have to be real, might sound like it kinda, sorta, maybe, could've and perhaps happened, but in reality... it's anyone's guess...

This is the same way that SC sues a venue with no proof other than a letter that says;
(1) We know you have karaoke.
(2) We think that 90% of the KJ's are pirates therefore,
(3) Therefore, we think your KJ could be a pirate.
(4) We can sue you if he is a pirate....
(5) We will sue you if you don't answer this letter.


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PostPosted: Thu Aug 20, 2015 4:47 am 
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Smoothedge69 wrote:
timberlea wrote:
Niagra, upon checking further neither Connect Music (I E-mailed them) or CMRRA Canadian Music Reproduction Rights Agency can give permission to media shift karaoke music due to the sync rights. So we are in the same boat as the Americans.

It needs to be taken OUT of the mfrs hands and put in the government's hands, and new laws need to be written, laws that allow for disc copying.


What about Fair Use Laws & the DMA (Digital Millennium Act of '98) - I thought according to MTU, IP Justice, ORKA (Oregon Karaoke Association), among others others, that; that covered media shifting for efficiency, security of initial investment & convenience of use?
ref.:
http://www.imaginelaw.com/top-myths-abo ... ights.html


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