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Lonman
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Posted: Fri May 04, 2007 2:31 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Ken Cougar @ Fri May 04, 2007 2:17 pm wrote: The reference to the piracy busts help to indicate how out of control the bootleg karaoke hard drive and laptop business is. It has hurt the industry SO much they cannot look the other way anymore and unfortunately, you 1:1er's are caught in the crosshairs. It would not have hurt the industry so much if the KJ's didn't buy these systems loaded, or if they continued to buy discs 1:1. But that hasn't been the case BY A LONG SHOT! Perhaps you all don't realize the extent to which the piracy is out of control and how many $$$$$ are involved. The bad guys abused things and ruined it for the rest of you. You may be right, but I believe they are still going to go after the blatent thieves first before they go after a single op 1:1 that buys their discs - if they do at all. I've known about the extent of piracy since '94-95 - this was about the time cd roms started to be able to recognize the subcode & programs started to appear. A guy I knew bought a system then would buy all his discs, copy them then sell the original for near what he paid for it to other kj's, while retaining the copy for himself. At this point I knew karaoke was going to start sliding - and it did! Quote: But how do you suggest we all tell the difference between a so called "legit" 1:1er (someone who owns a disc for EVERY song on their system), and the "semi-legit" 1:1er (someone who bought their drive partially loaded, then loaded their collection on), versus the mulit-riggers and total non disc buyers? Everyone can say their collections are "at home" or carry a random set of discs with them and make that claim.
My collection is sitting on my shelves at the club every night just as they were when I wasn't computerized - btw just brought it in the first time last Wednesday. Have about 960 cdg's & almost 75 laser discs - yeah those big (@$%!) silver things. LOL
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!![Image](http://www.lonmanproductions.com/images/stng.gif)
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Ken Cougar
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Posted: Fri May 04, 2007 3:25 pm |
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Joined: Mon Apr 02, 2007 5:05 pm Posts: 23 Been Liked: 0 time
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Lonman,
I agree with you---they WILL probably only go after the worst. But regardless, this will stir up SO MUCH publicity that the PERCEPTION in the marketplace with change. Hard Drives and laptop system will be viewed as "bad" and bars will demand KJ's with discs--that will be the bottom line. If you want to work in certain places, you will need to conform. If you are worried about your discs getting scratched or having too much to haul, then stay at home.
I don't think they will care if you have the discs sitting next to the computer. They won't even want that computer in their bar and will want to see you loading each and every song you play. That is starting to happen in the Phoenix market.
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Lonman
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Posted: Fri May 04, 2007 3:46 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Ken Cougar @ Fri May 04, 2007 3:25 pm wrote: Lonman, I agree with you---they WILL probably only go after the worst. But regardless, this will stir up SO MUCH publicity that the PERCEPTION in the marketplace with change. Hard Drives and laptop system will be viewed as "bad" and bars will demand KJ's with discs--that will be the bottom line. If you want to work in certain places, you will need to conform. If you are worried about your discs getting scratched or having too much to haul, then stay at home. For me it isn't so much an issue about worried about carrying the discs, there are features that the computer programs offer that really can enhance a show, but I wouldn't have a problem going back to discs if need be - other than the fact that I have built a really nice computer designed for music reproduction. Quote: I don't think they will care if you have the discs sitting next to the computer. They won't even want that computer in their bar and will want to see you loading each and every song you play. That is starting to happen in the Phoenix market.
Would still like to hear from actual people that are being shut down & not just 'that's starting to happen'. The only letters that have been shown/linked to were the one from a small karaoke retailer. No one has actually shown a copy of what has been sent to the bars, they've said they have seen it, but for some reason won't produce it for view. Also were they running a computer with no shred of proof they owned the discs that were loaded into the computer or were they people that bought the pre-loaded drives. We keep hearing that it is happening in AZ area, but no one has given any clubs that have been hit or kj/companies that have been nailed.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!![Image](http://www.lonmanproductions.com/images/stng.gif)
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Steven Kaplan
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Posted: Fri May 04, 2007 4:40 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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Quote: I think this is the first post I strongly disagree with from you. If a kj/company doesn't have the money to invest on discs to either run off of the discs or transfer to a computer, then they shouldn't be trying to run a show at all - be it 1 night a week, month, year or 7 nights. This in my eyes is blatent stealing if they copy ANY music to do a show without paying for the original disc. _________________ Lonnie
You are absolutely correct Lonnie. I typed my post hurried, and when I read what I typed as a stand-alone paragraph it does read blatantly wrong. I was always assuming "Equitable and reasonable accomodations MUST be adhered to by the small guy". I just didn't wish to restate that once again. I don't believe that equitable, reasonable, and limited discretion on the part of the small honest person is hurting the market however. Assuming it is, this is still a problem the industry must deal with. Yet it's very unlikely the problem. There are other problems as I stated earlier.
What I was implying is that I feel if 80% of the population are in fact doing wrong, While significant loss due to theft is never justifiable, Sticking it to the small guys and attacking their right to "reasonable accomodation" by revoking their right to such law is not going to make things correct, it's backwards logic. I'm stating to the opponents of fair and reasonable small people (working in grey) the reasonable small business person should not ever bear blame for the large-scale theft, nor be asked to compensate for it *disproportionately*. I don't believe that "small accomodation" hurts the market, hence the retailer must make certain accomodations. Theft is VERY wrong, but there is NOTHING the little guy reasonably working to survive, who's honest can do about that. Blaming the little honest guy for "the thief" is not reasonable.
Additionally, my thoughts are historically when 80% find or feel they CAN do something on their own taking into consideration and ( ASSUMING of this percentage the vast majority ARE in fact only accomodating themselves 1:1 backup -as example assuming THAT is in fact hurting the market), This is an indication the problem *IS* only a problem that the retailers and manufacturers can work with by doing a genuine analysis of the economy and all related factors. Theft of services is wrong BUT has ALWAYS been a given variable whether it's cable, telephone, etc.. You don't blame the honest small person and attack him for it, AND it's the business that must absorb this blow, and true it hurts all to a degree. There are numerous factors as I mentioned earlier. Supply/Cost and Demand curve work in accordance to many areas of economy. The retailer accomodates the consumer, assuming the consumer needs what is being sold.
Now let's play devils advocate for one moment if you will.. AND assume for this moment that 80% (which is an unlikely stat) are robbing a sector of the market.
We'll assume that the opponent is correct AND it's 80% of THIS specific markets consumers all doing tiny things, that are cumulatively damaging this market. We'll assume this only for hypothetical example...
EXAMPLE:
When cable learned that many were buying chop boxes and robbing analog TV signals by using decoder/descramblers there wasn't much they could do except threaten. some claim send bullets etc.. Did threatening the consumer remedy this problem ? Heck no, chop box sales skyrocketed LOL .. It was the CABLE TV companies responsibility and industry that had to make the changes... You aren't going to change a massive group of tiny thieves anyway.. Either way, the business must accomodate what is..
What you don't do is screw the small honest user. To do that in a fair market is to screw yourself as a business.
In all cases IMHO, if options are as cut and dry as backup reasonably, or payout huge sum (and in between lose work)... and this would be backup FROM own paid in full original purchase ONLY, not from illegally obtained source, while perhaps not legal, I believe reasonable assuming as we've stated, person IS COPYING from HIS library 1:1, or even a few disks that are damaged for that matter (even less significant quantity for use in case of emergency)....
Sorry about my own ambiguity LOL What I was trying to imply & always assumed throughout, is the case when the small guy is working within Good Faith, and reasonable intent areas of this grey, that should not be revoked or deemed wrong. I didn't qualify that I agree theft is wrong, I'm an advocate of "Grey area", common reason, sense, and don't view this is either extreme (all or none), the problem and solution don't lie in either opposite end... Blatant intent to steal is WRONG, and DOES in fact hurt the businesses and the market...
Yet assume hypothetically again for a moment that there IS merit in the other sides argument AND the 80% cutting corners, are cutting them to back up their collection only, IOW, hypothetically, for problem solving example only, assume the people making reasonable accomodations for themselves given current options are the 80% hurting the industry solely. IF what the other side is debating is actually a problem (which we disagree that it is), and the small guy is doing what he feels is right, you can't attack 80% of a market and solve the problem, the tweak must be the industry REGARDLESS, and certainly again, punishing the small honest folks that aren't stealing at all and chewing them up about this area solves NOTHING. This only serves to accomplish what I've stated. THe consumers response to punitive action when it's vast scale will always be, "OK business if you are hurting, that's your problem, leave me alone".....it's the big business that must accomodate rather than revoke the reasonable rights of the consumer. Forcing the small guy to pay an uneccesary percentage for "fair use" IS NOT fair. It won't happen, but in real, THAT IS NOT THE PROBLEM... In such a situation, I feel the BIG businesses should analyse what might be wrong and make an adjustment REGARDLESS. It's NOT the small guy living reasonably that is a problem anyway (and this is what I asserted earlier) Assuming it's loss from SMALL people making small adjustments, given all factors, The retailer and Manu must make the adjustment, and accomodate the reasonable market. What are the options ? (and in a business sense this is correct, ethics often don't matter when talking strictly dollars and cents), it's what sells vs what doesn't despite cause. Cause IS a factor but It's the tough route to attack in such economic example... It won't change.. I believe the retailers must adapt a plan or meet the user in terms of assisting with a fair plan. The small businessman should not be the one who must unreasonably extend himself to accomodate the large businesses, assuming because others are in fact blatantly robbing it. "Reasonable and Equitably beneficial" laws which INCLUDE needs of consumer aren't accomplished by punishing the market that's your bread and butter. For instance, in the context of copy 1:1, or pay 40K for temporary use in the case of theft, I would like to see some middle-ground.. However this would require the businesses somehow accomodate the small guy too. By attacking the 1:1 copier, when there's no other affordable option for him. And blaming him for the woes of the world, when bigger things are causing the real problems is not reasonable. Especially assuming the business is disproportionately hitting him and profiting off've his tremendous loss.
Large scale stealing is VERY wrong, not buying the originals and refusal to pay is VERY wrong. I would never vindicate such actions, or condone them. That is what should be attacked, I think few disagree there. I see trouble here the small honest guy can't do anything about too.... What I should've qualified was that I meant (yet didn't state) that I believe rather than the small business person breaking their back and having to pay a disproportionate amount because of lack of certain accomodating options (reasonable options & only in context of good faith should these be exercized), and this is a common denominator I've assumed. I believe there's nothing wrong with 1:1 copied libraries that can be used until consulting with an Atty (and I've often alluded to theft cases). For all we know, this MIGHT even be allowable, but contigent on aspects we currently are not aware of....Maybe it's stated that it's very wrong, yet what are the options ? We don't really know either way however, so we assume current law allows for :reasonably accomodating ourselves: as well. I suppose case by case our Atty must advise us of options, and we can take certain affordable risks (all within reasonable intent), and for all we know, OUR copyright Atty might say,
For your use, I don't feel it's justifiable for you to spend 40K, given your circumstances.. I believe I can defend you for much less than the cost of a whole new library given your use assuming you get busted for trite aspects OR, don't worry, your well within your rights given current law, this would very unlikely get to court because_________ Call me if you run into probs...
I was trying to stay within the theme of my "reasonable equitable accomodations" throughout without qualifying that in each and every post.
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Steven Kaplan
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Posted: Fri May 04, 2007 6:42 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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All aspects of "human nature" that help and hinder sales must be factored into market analysis, even (how readily can I get this bootlegged, underground, etc) whether this is honest or not (from strictly an economic model). The karaoke CD-G market, or even computer Karaoke harddrive market will never be the market that will forever make the crooks of our world honest. The Manu (and all on their end )must factor in what is. This means how easy is it (as consumer) to get my product from other sources. This is a necessary foundation for Cost and Demand. The small honest guy can't change ANY of this.
Sorry about not substantiating that I shifted from ethical to economic mindset when the Econ 101 chatter came about ![LOL LOL](./images/smilies/emot-LOL.gif) I never did mean to preclude the importance of "equitable fairness" from my content. Just tried looking at this from a different angle which is more dispassionate in nature than emotion.. Dollars and cents... Business is business, GREED, etc.. The businesses must adapt to what's happening, or else fail. (Whether this is our loss or not, there's only so much accomodation that should be expected of a small business person who simultaneously suffers as well, fact is even in those taking jobs...There're loads that want money that aren't and won't play by the rules given ways to cheat in all areas. These individuals aren't even going to usually be the ones that even read these discussions). Like it or not, where there's money to be made, there are dishonest, unethical, underhanded blatant crooks. Since they exist in the fortune 500 list of CEO's, Nightclubs and Bars certainly shouldn't be expected to be completely exempt from this type character LOL
Quote: We are seeing just the beginning of a very ugly battle that will change our industry as we know it.
Cougar, you are using a very small specific sample as something that exemplifies the whole microcosm of that which is harming the entertainment industry in bars.
What you aren't taking into account are HUGE factors such as Gas prices, Economy, Indoor clean air act, DUI Laws, Other factors that make zoning tougher today on most bars, and in general a trend heading in a less favorable direction for night clubs and liquor serving establishments... Anti-alcohol trends that hit the liquor serving establishments quite hard.. Heck, even in the mid-80s, those of us that were performing at singles bars started to see an adverse affect when coupled in with the William Kennedy Smith Date rape awareness, Sexual harrassment, and in general a less trusting more dangerous world. You are giving a disproportionate quantity of credit to those that are trying to make ends meet and using reasonable judgement for hurting the market than most will agree can be so.
Bar revenue decrease---> Entertainment payout decrease---> less professional sources of entertainment (in some ways this encourages cutting corners on the part of entertainers capital payout.. less expense------> will work for less reimbursment
Business world is dog eat dog, few are worried about the industry as a whole. This isn't a good thing, I know... Is it true among many though ? I'm afraid all too many.
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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Revenge Entertainment
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Posted: Fri May 04, 2007 7:35 pm |
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Joined: Fri Mar 12, 2004 10:35 pm Posts: 62 Location: Columbus, OH Been Liked: 0 time
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Steven Kaplan
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Posted: Fri May 04, 2007 7:42 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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That's an excellent form letter, and quite honestly if I were one of those businesses, I'd send it to any and all bar owners who I heard had infracting parties working for them. It's COMMON format. It is however, a non-specific form letter sent in hopes to deter activity. It cites nothing specific with the exception of "we have been informed", "Cease and desist", and it states a vast area of Copyright Law meaning most have in fact had KJ's that have infracted on those specific areas of the law. It also states "they have been informed about the likelihood of some degree of wrongdoing", threatens bar owner with terms such as "Might", "our intent", "Some degree of" etc, yet remains non-specific. Pretty good letter. They should send more out IMHO ! Sending letters in hopes of scaring and detering future activity, are just that. Sometimes they are the best a company can do. Most legal letters that threaten legal action are not followed up on due to expense.
My own feeling is if more knew actual laws, and realized do's and do nots, and the honest small business people worked within reasonable areas of the laws, such letters would likely be the BEST THING that could happen for the legit KJ's ! Those are good letters for those that run an honest show, to see the bars receive. Does it mean they will do anything about 1 burnt disk, or affordably even can ? Nope.. Like the current Fair Use areas of Copyright Law what those letters do is in their ambiguity ALSO allow for vast possibilities where if infraction exists to ANY degree, (and it more-often does) legal action can be taken, HOWEVER, notice how nothing specifically has stated company or individual name, or exact infraction. It's a long haul between such a letter, and a Civil summons with an actual complaint, assuming one CAN even follow.
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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jbsinger
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Posted: Fri May 04, 2007 7:49 pm |
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Joined: Thu May 03, 2007 4:09 pm Posts: 38 Location: Phoenix, AZ Been Liked: 0 time
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I am from Arizona (refer to Stellar and Sound Choice letters) and sing in Phoenix, Glendale, and Scottsdale. I cannot tell you how many times recently I have gone to clubs where they have told me they could/would not play my discs. I had previously frequented some of these places with no problem. Now, however, there's either a new KJ using a computerized system or my KJ friends have been forced into the conversion by the karaoke business owner. Plus, it completely cuts out new music. The selections are static. These people almost never stay current and golden oldies are the newest purchases. Ironically, I'm currently singing off the April 2007 Stellar Top Hits Monthly - to no avail in these clubs.
I am not a Karaoke host, nor do I intend to become one. I carry around a huge collection of CD+G's when I go out singing. It has taken me years to collect these discs (some now are rare and irreplaceable). It has been expensive, but, considering the fact that I have unusual tastes in music performance, mostly jazz and blues, and the discs I use are rarely in KJ's books, it was worth it. Also, I like to know the arrangement and key of the selection I sing.
I hesitate to turn these clubs in and this probably makes me part of the problem. My requests to at least offer those of us who carry our own discs a way to play them at these club have been ignored. I usually get an offer to "put your discs into our system so you have them to sing when you come back." Not gonna happen.
Not only do I hate to drive across town for an evening's entertainment only to have it ruined, but the businesses of the karaoke supply stores that I frequent will be impacted. If the practice persists, it spells the end of a wonderful way to use the talents God gave us to entertain each other. Suggestions?
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Tom Eaton
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Posted: Fri May 04, 2007 8:11 pm |
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I don't understand why they won't play your discs, assuming they're originals and not burns. Or are they?
[Edit: re-reading your post, it appears you're saying that the problem is that the KJs are all computerized and won't play a regular CDG. Is that it?]
_________________ Reward: nine yen in drawer.
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Steven Kaplan
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Posted: Fri May 04, 2007 8:56 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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It would be interesting to see something presented in a simple questionaire outline
To be answered by those of us who have at least about 10 years experience being in and around liquor serving establishments that have entertainment
Location
1) city
2) suburb
3) rural
Geography
1) Northeast
2) Southeast
3) Central
4) Midwest
5) West
6) I don't work in the United States
Over the past 10 or more years, what have you noticed in terms of headcount
at bars in your area ? What percentage of bars have gone out've business ?
Cut back on entertainment ?
As a person who makes money in entertainment, Do you feel confident that in 5 years there will be work for you ? Will it be in just Karaoke ?
(Perhaps looking at this and pondering it will shed light on a reason people just aren't about to spend top dollar on capital.. Should they ? Sure, but that might be a moot point given all else factored in)
Demographics play a part of this too.. My area has been massacred by many factors. 75% of the bars have shut down over the past 15 years. Of those open, few have entertainment, and those that do are closed by 11 and 12 with the exception of very few... and these bars will have folks due to proximity, old habits, despite entertainment... These are kids. But also, raising the drinking age from 18 to 21 hurt bars too. All things considered there isn't the same payout today that there was in the past.
I live in a rural/suburban area outside Hartford Ct. As a musician I started to take a hit in the 1980's when Disco (DJ) began to be the more affordable option to the larger horn bands. I played bar-room piano for years, around 1990 that too suffered in MY specific location. DJ's were all around, but they weren't quality DJ's. For that you had to go to New York, or one of several placed in New Haven. Quality entertainment in MANY outskirt CT areas isn't something most would understand, or have seen since the 1970's. ![LOL LOL](./images/smilies/emot-LOL.gif) , These aren't for the most part bars that have classy clientel...A few of course were. Those have since cut back, or closed.. Payout to most bands started to end in my area shortly after the mid-1980's, If we played we jammed for smiles, and thank you's and soda and coffee, nothing more.. Hobbyists that no longer had a job. 70's and 80's I spent time on the road, so I don't know about specific geographics elsewhere, this was larger venue backup, or opening acts, etc...session, etc... My whole area in central CT is depressed regarding payout for entertainment now... Within 20 miles there are perhaps 5-10 places that have KJ's even working sparsely.. NOBODY would pay out for costly equipment around here, because there isn't demand for that around here. There barely any work. The entertainment around here WILL NOT form the market anymore, Bars are suffering in my area of CT.
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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knightshow
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Posted: Fri May 04, 2007 9:35 pm |
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Joined: Thu Nov 07, 2002 2:40 am Posts: 7468 Location: Kansas City, MO Been Liked: 1 time
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Ken Cougar @ Fri May 04, 2007 4:17 pm wrote: But how do you suggest we all tell the difference between a so called "legit" 1:1er (someone who owns a disc for EVERY song on their system), and the "semi-legit" 1:1er (someone who bought their drive partially loaded, then loaded their collection on), versus the mulit-riggers and total non disc buyers? Everyone can say their collections are "at home" or carry a random set of discs with them and make that claim. it's simple, Ken. YOU ASK!
Have a guy like JOE from SPIN or whatever organization is formed to do the actual investigation... come into your show, see your digital, and then ASK about the details. If you say your stuff is at home, take him to your home after the show and show him... or the next day. Whatever.
ONCE you've been checked out, go into a database as being verified that you are running one gig per library, and that it looked like your discs were all 1:1 ratio.
For my computer, it was easy. I had the manus seperated by folder, and in sub categories.
For instance:
+ DISKS
----- + 00Monthlies (Pop and Top Hits Monthlies)
----- + AMS (Amerising)
(etc) on down to Sound Choice and further. My example is for SC since they're one of the two that are up in arms over the whole thing.
----- + SC (Sound Choice)
----- ---- + 2xxx (Star Series)
----- ---- + 3xxx (Power Picks)
----- ---- + 7xxx (Foundation and Bricks)
----- ---- -- 8xxx (Spotlights)
----- ---- ---- 81xx
----- ---- ---- ---- 8106
----- ---- ---- ---- 8107
----- ---- ---- ---- 8115
----- ---- ---- ---- 8116
----- ---- ---- ---- 8106
----- ---- ---- ---- 8119
----- ---- ---- ---- 8120
----- ---- ---- ---- 8122
----- ---- ---- ---- 8125
----- ---- ---- ---- 8126
----- ---- ---- ---- 8140
----- ---- ---- ---- 8142
----- ---- ---- ---- 8143
----- ---- ---- ---- 8148
----- ---- ---- ---- 8151
----- ---- ---- ---- 8153
----- ---- ---- ---- 8169
----- ---- ---- ---- 8172
----- ---- ---- ---- 8174
----- ---- ---- ---- 8176
----- ---- ---- ---- 8178
----- ---- ---- ---- 8181
----- ---- ---- ---- 8184
----- ---- ---- ---- 8188
----- ---- ---- ---- 8189
----- ---- ---- ---- 8192
----- ---- ---- ---- 8197
----- ---- ---- ---- 8199
----- ---- ---- 82xx
----- ---- ---- ---- 8201
and on and on... VERY easy to identify which ones I actually have, as opposed to the binders I have them in, which are sorted by manufacturers, and I have a specific binder just for the major manus, such as PHM and SC. (Actually in the PHM/THM binder, I had to start a second one... the one that held 400 discs got full!
I PERSONALLY think it's up to the digital kjs to be very organized, and to work with the investigations... voluntarily! From the very beginning of this I wanted to work with the manus.
THEY have no interest in even TRYING to work with the digital kjs!
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Steven Kaplan
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Posted: Sat May 05, 2007 7:04 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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This woman "Robin Gross" is an Atty, and the founder and director of IP Justice.
Should we compile a few questions to ask her regarding CD+G copying ? Can't
hurt IMHO.. This area is her legal specialty. While they are a "civil liberties" group, it would be interesting to find a few particulars.
Media Contact: IP Justice Executive Director Robin D. Gross, robin@ipjustice.org
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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Ken Cougar
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Posted: Sun May 13, 2007 2:48 pm |
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Joined: Mon Apr 02, 2007 5:05 pm Posts: 23 Been Liked: 0 time
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The makers of RoxBox have posted the Stellar and SC letters on their website. They have also added this disclaimer at the very bottom of the page:
The purchase of RoxBox did not and will not include any rights to any music of any kind, and does not include any rights to move, copy, format shift, play or record any music. You have to check with your state and government as to what you can or can not do in your area!
Link Here:
http://www.kjamp.com/legal.php
Those of you who use this software...were you aware that they were passing the buck to you as to the legalities of using this product? Just curious....
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Lonman
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Posted: Sun May 13, 2007 6:18 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Ken Cougar @ Sun May 13, 2007 2:48 pm wrote: The purchase of RoxBox did not and will not include any rights to any music of any kind, and does not include any rights to move, copy, format shift, play or record any music. You have to check with your state and government as to what you can or can not do in your area!
Yeah I love this statement. You can buy our program be we don't advocate the actual use of it since you need to be able to rip your cd's to actually make use of it.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!![Image](http://www.lonmanproductions.com/images/stng.gif)
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karyoker
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Posted: Mon May 14, 2007 9:14 am |
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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: here actually has never been any 'case' law regarding format shifting.
Exactly....
Greed is trying to apply horse and buggy laws to space travel. The entertainment industry has more lobbyists in congress than anybody else. There has been no legislation passed to deal with new technologies...You just dont say something is illegal...It has to proven in court. I come from the generation you are innocent until proven guilty in a court of law!!!! Lets get with it!! Come get me!!!
The burden of proof is on them I dont have to prove anything until they arrest and have me in front of a judge!!!
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timberlea
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Posted: Mon May 14, 2007 10:34 am |
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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 once again, in order for there to be case law, there has to be a case that has been ruled on. If there is no case law then the original law stands as is. If you want a ruling on 1:1 then someone has to go to court and convince a judge to rule on it. Again, if there is no case law then the original law stands.
Going on about case law like it is the magical answer is not only wrong but can be deceiving. You are assuming that a judge will rule against the current law. I'm not so sure and would not bet the bank on it. A judge may or may not rule against the current legislation. And what will you do if a judge upholds the current law all the way to the Supreme Court?
I personally don't care either way, however, it is only fair to give the facts as they are. If someone asks if it's ok to go 1:1, tell them, as Lonnie and Matt has done, that it is against the Copyright Act but many do. You do so at your own risk.
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karaokemeister
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Posted: Tue May 15, 2007 8:41 am |
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Joined: Sun Aug 01, 2004 6:56 am Posts: 1373 Location: Pensacola, Florida Been Liked: 0 time
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karyoker @ Mon May 14, 2007 11:14 am wrote: Quote: here actually has never been any 'case' law regarding format shifting. Exactly.... Greed is trying to apply horse and buggy laws to space travel. The entertainment industry has more lobbyists in congress than anybody else. There has been no legislation passed to deal with new technologies...You just dont say something is illegal...It has to proven in court. I come from the generation you are innocent until proven guilty in a court of law!!!! Lets get with it!! Come get me!!! The burden of proof is on them I dont have to prove anything until they arrest and have me in front of a judge!!!
Yes, there IS case law dealing with format shifting. The actual legal term used in the case is 'Space-shifting'. The case? RIAA vs. Diamond Multimedia - also known as the Rio decision.
Yes, it's CASE LAW regarding the shifting of music as decided by the 9 justices in DC (the supreme court). NO, it's NOT a commercial use case.
As for proving before you're hauled before a judge? If you're investigated they'll show up with a search warrant. Long before you ever see a judge.
Would I run a karaoke show from a computer? Sure.
Would I run a karaoke show from a computer with illegal songs? Hell no.
Would I run a karaoke show and have the discs with me in the car? Yes.
My books are printed for use with discs. My library that I'm putting on hard drive is broken out by disc number using the same number scheme as my books.
And while protecting your investment is a viable claim, I keep my original SC8125 disc right by a copy of that same disc.
If they want to sue me I'm all for going to court. I only ask for them to show damages of ANY kind. I don't share my music. I don't loan out my library. I don't have a bunch of karoke shows around town. I have a karaoke library that I use as a single operator. The use of computer based karaoke is a convenience.
I made calls, I asked around. I talked with Sound Choice. I talked with Chartbuster. I talked with Harry Fox. I talked with record labels. I wanted to know the deal with regards to going to computer for my shows. And BTW, I've only partially moved some discs - I haven't done my entire collection. I still use discs and my back knows it....
However, it appears that Sound Choice has changed their stance with regards to computer based shows since I talked with them.
All this aside.... the law says no for commercial use. In EVERY decision the supreme court has EVER made with regards to the fair use section they have specifically omitted commercial use EVERY time. Seems to me they want to be pretty clear about how they feel about commercial use when mixed with Fair Use.
But, just because a few people are saying 'you shouldn't do that' and 'we'll be checking' doesn't mean that I have to close up shop or even stop using karaoke from a computer. I'm still moving to a computer based show and they can hound me if they want.
But I do have one question. If you're buying songs on custom discs how do you prove you paid for them? Haul in a stack of receipts for every show?
That aside.... I think I should take some copies of the letters from the manufacturers to some local bars. I wonder how they'll respond when they find out that they could be shut down for the entertainment being illegal..... and I wonder if this means that they'll start paying more for karaoke..... bwahahahahahaha....
Ok, I wouldn't actually do that... but it WOULD mean that the $50 a night and free beer hosts are going to dry up REAL quick.... It also means that the HUGE investment I made in discs may actually pay off in the near future....
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timberlea
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Posted: Tue May 15, 2007 10:08 am |
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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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You keep talking about monetary loss. No loss needs to be proven for the Copyright Act. The fact the Act has been broken is all you need. Remember a criminal case is not the same as a civil case. Remember OJ, aquitted in the Criminal case and lost the civil case. That was the problem with KAPA, SPIN, etc. They were going civil instead of criminal.
That the US Supreme Court stayed away from the commercial use should speak volumes. That commercial and personal use are two very distinctive things.
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exweedfarmer
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Posted: Tue May 15, 2007 11:01 am |
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timberlea @ Tue May 15, 2007 10:08 am wrote: You keep talking about monetary loss. No loss needs to be proven for the Copyright Act. The fact the Act has been broken is all you need. Remember a criminal case is not the same as a civil case. Remember OJ, aquitted in the Criminal case and lost the civil case. That was the problem with KAPA, SPIN, etc. They were going civil instead of criminal.
That the US Supreme Court stayed away from the commercial use should speak volumes. That commercial and personal use are two very distinctive things.
I disagree that it is illegal under the copyright act as it stands. I agree that using a computer to archive, copy, to perserve the original disk that you bought, yeah then that is illegal. But if your intention is to play the song from a computer for ease of use then I disagree that it is illegal. It's not a matter of format shifting but how many times the format is shifted using CD. It's not a question of playing from the CD but how long it takes to get from the CD to the speakers.
Karaoke CDs are meant to be played in public. Without public performance there is no private demand. The music is being played consistent with intended use of the product (no matter what the disclaimer says.) Therefore, as I read the statute, it is legal.
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Phxkj
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Posted: Tue May 15, 2007 1:02 pm |
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EX, which part of the copyright act would make you believe it would be alright to use because it was easier?? I know it wouldn't be the line that says, NO COPYRIGHTED MATERIAL MAY BE TRANSFERRED TO ANY OTHER MEDIA THAN WHAT IT IS AFFIXED .
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