Karaoke Scene's Karaoke Forums https://mail.karaokescene.net/forums/ |
|
Phoenix Takes On Its First Fire To Try To Rise From... https://mail.karaokescene.net/forums/viewtopic.php?f=26&t=31531 |
Page 1 of 2 |
Author: | doowhatchulike [ Tue Mar 31, 2015 6:05 am ] |
Post subject: | Phoenix Takes On Its First Fire To Try To Rise From... |
http://dockets.justia.com/docket/new-yo ... 099/439907 |
Author: | mightywiz [ Tue Mar 31, 2015 1:14 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
boy! not a good way to start off a new business. only a couple months old and already being sued for copywrite violations. |
Author: | mrmarog [ Tue Mar 31, 2015 2:18 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Next step.....Ride off into the sunset. |
Author: | jdmeister [ Tue Mar 31, 2015 5:52 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Oh, snap.. |
Author: | Smoothedge69 [ Tue Mar 31, 2015 6:10 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
One by one,they are now going to come and get their pound of flesh. SC asked for it by starting all this stuff. I don't want to hear about the pirates starting this.The pirates DID hurt SC's bottom line, but SC running around thinking they can do whatever they want is now coming back to bite them. BTW, has anyone noticed that Tricerasoft is sell EVERYTHING again?? I guess they weren't doing anything wrong. |
Author: | dsm2000 [ Tue Mar 31, 2015 8:14 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
OUCH!!!! EMI ASKING FOR $25,000,000.00 - TWENTY FIVE MILLION Take quite a lot of audits, certs, and monthly extortion to get that back. http://www.scribd.com/doc/259407519/EMI-Feist-Music-v-Slep-Tone-complaint-pdf#scribd |
Author: | Karaoke Lurker [ Tue Mar 31, 2015 8:38 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
I mentioned about a month ago that SC probably would never put any new music out again, and would most likely focus on piracy lawsuits. I just didn't think it would be on a piracy suit against SC...... I also said within three years, they would probably be finished as a business. It may be sooner than that. I'm a SC advocate because I like the quality of their product, but they have become, if not totally irrelevant, a nano-millimeter above irrelevant.. It's sad to think we may only have Digitrax and Sybersound as American karaoke companies left, and Digitrax is on life support. They suck anyway, but it's just the idea of it. |
Author: | Smoothedge69 [ Tue Mar 31, 2015 8:42 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Looks like someone is in trouble.Can't wait to see the spin on this. So,hiding behind Phoenix may have been a bad move. |
Author: | MIKE D [ Tue Mar 31, 2015 8:44 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
you guys are hard |
Author: | Brian A [ Tue Mar 31, 2015 10:31 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Item 39, page 12 of the link: Very interesting! “Both SLEP-TONE and PHOENIX are liable for vicarious and contributory copyright infringement. Under the purported licensing agreements with professional karaoke jockeys, SLEP-TONE (and now PHOENIX) retain ownership of the “GEM Series” discs which are the subject of the licensing agreements. As a consequence, SLEP-TONE and PHOENIX have the right and ability to recall those discs but have failed and/or refused to do so because of their obvious direct financial interest in profiting from the payments made by the professional karaoke jockeys. SLEP-TONE and PHOENIX have engaged in this conduct knowing full well that the professional karaoke jockeys are utilizing the illicit ‘GEM Series” discs to copy them to the hard drives of their professional karaoke machines to provide karaoke services to various commercial venues. Alternatively, both SLEP-TONE and PHOENIX are liable for contributory infringement relative to the illicit license agreements with professional karaoke jockeys because SLEP-TONE and PHOENIX have materially contributed to the unauthorized conduct of the professional karaoke jockeys by supplying the recordings which are the object of the professional karaoke jockeys’ downstream infringement.” And the ongoing saga of the flight of the Phoenix continues……. Whew! My head is spinning. |
Author: | Paradigm Karaoke [ Tue Mar 31, 2015 11:14 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
including demanding a jury trial. EMI Blackwood and 12 other affiliated publishers that were not part of the last suit. the gist.... "Additionally, as a separate course of direct infringement and since 2010, the SLEP Defendants and have entered into unauthorized agreements purporting to license the GEM Series line of karaoke recordings to at least 315 individual and/or corporate professional karaoke jockeys. The SLEP Defendants have never been granted any rights from Plaintiffs to distribute such products and have been expressly prohibited from sublicensing any of Plaintiffs' copyrighted works in the licenses which have been granted to them from time to time by the Plaintiffs." " By virtue of their supplying the GEM Series recordings to professional karaoke jockeys, the SLEP Defendants are also liable for vicarious copyright infringement, contributory copyright infringement and/or inducement of infringement, relative to the further downstream copying and/or performance of the unlicensed recordings by the professional karaoke jockeys in the course of their providing their karaoke services. The SLEP Defendants will continue this course of infringement even as they have since the filing of the related litigation and the illegitimate GEM Series discs placed at issue by other publishers. "As well, both SLEP-TONE and PHOENIX are liable for v1canous and contributory copyright infringement. Under the purported license agreements with the professional karaoke jockeys, SLEP-TONE, (and now PHOENIX) retain ownership of the GEM Series discs which are the subject of the licensing agreements. As a consequence, SLEP-TONE and PHOENIX have the right and ability to recall those discs but have failed and/or refused to do so because of their obvious direct financial interest in profiting from the payments made by the professional karaoke jockeys." they also called for a full recall of the GEM series and any discs that have any of the infringed songs on them. if they are correct (but how could they be? SC is infalable and the lawyers on the EMI side are misreading the law) then all GEM owners would be required to return the sets as Phoenix is still in control of them being only a license agreement....which is apparently illegal anyway. and this does not include the part of SFC Mediplas, or the transfer of rights to Stingray... "The SLEP Defendants have never been an authorized distributor of recordings containing Plaintiffs' copyrighted content in any licensing issued to Stingray by the Plaintiffs and/or their licensing agents. (Plaintiffs' claims for copyright infringement against Stingray and numerous owners/officers of Stingray have been resolved by settlement pursuant to formal mediation. However, Plaintiffs' settlement with Stingray reserved all rights against the SLEP Defendants.) " get your popcorn ready if anything, i do feel bad for Jim, i'm giving benefit of the doubt that he did not see everything before walking into a joint venture in PEP and in the end he will have to pay his share of the settlement. |
Author: | Smoothedge69 [ Wed Apr 01, 2015 1:58 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Wasn't it Jim that said there was NO possibility of the GEMS being recalled?? |
Author: | Smoothedge69 [ Wed Apr 01, 2015 2:01 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
This isn't some April Fools prank, is it?? |
Author: | chrisavis [ Wed Apr 01, 2015 5:58 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
It is not looking good for Sound Choice at this point. :/ I am not tossing my loyalty to their brand aside as I still think they produced some of the best material on the market, and I will continue to use Sound Choice and buy Sound Choice discs on the aftermarket, but I don't hold out any hope that they will ever produce new music at this point. |
Author: | JimHarrington [ Wed Apr 01, 2015 6:25 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Paradigm Karaoke wrote: if anything, i do feel bad for Jim, i'm giving benefit of the doubt that he did not see everything before walking into a joint venture in PEP and in the end he will have to pay his share of the settlement. I do not own any part of PEP, nor am I part of a "joint venture in PEP." |
Author: | jclaydon [ Wed Apr 01, 2015 7:23 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
*SIGH* What's happening to this industry is heartbreaking. I honestly don't know what to say, I honestly want to give Soundchoice/PEP the benefit of the doubt but the accusations just keep coming and won't go away. And I REALLY REALLY wanted to get a GEM series *mumble* And as Chris said, this will probably put a damper on their plans to start producing new music. I guess I'll have to keep looking for someone who is willing to sell me a set of foundations and bricks for monthy payments. Surprisingly I am not too upset about the audit I just paid for, I mostly did that because I thought it was the right thing to do *for me*. Looks like whether it happens or not could become irrelevant.. |
Author: | Alan B [ Wed Apr 01, 2015 10:24 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
I don't understand. I thought the Gem Series was supposed to be licensed and fully legal. That's a large list of songs that EMI is saying was not licensed. I really feel bad for SC. The laws regarding music/publishing/licensing are so crazy in the United States it just blows my mind. I hoped this can be resolved between the parties. I have nothing against SC and wish them the best. I will continue to use my SC tracks in my shows. I still believe that their recordings are some of the best in the industry. It's a shame that this industry is being killed by: 1. Antiquated laws regarding the music industry 2. Piracy As I said many times, it's never going to change. Karaoke will be a thing of the past before it does. **Question for Mr. Harrington*** Are you still going to continue to do the audits? |
Author: | Brian A [ Wed Apr 01, 2015 10:47 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Alan B wrote: **Question for Mr. Harrington*** Are you still going to continue to do the audits? good question Alan. I'd like to know his answer myself. |
Author: | Lonman [ Wed Apr 01, 2015 10:50 am ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Willing to bet they will continue "business as usual" until they are either killed or win the case. |
Author: | JimHarrington [ Wed Apr 01, 2015 12:17 pm ] |
Post subject: | Re: Phoenix Takes On Its First Fire To Try To Rise From... |
Alan B wrote: **Question for Mr. Harrington*** Are you still going to continue to do the audits? Yes, of course. |
Page 1 of 2 | All times are UTC - 8 hours |
Powered by phpBB® Forum Software © phpBB Group https://www.phpbb.com/ |