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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 3:49 am 
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birdofsong wrote:
And it seems you add alot of quotes when you don't need to.

I am aware of what he said...the issue was damages, and Wall made it a point to try to discredit my position on the basis that I was merely a legal assistant. However, I do believe there may also be issues with injunctive relief.

I agree. And I believe there would be whoppers.....


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 4:00 am 
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Thunder wrote:
birdofsong wrote:
HarringtonLaw wrote:

SC might not be able to get damages from a KJ who is 1:1...


Hey Wall! It appears that your authority here, the IP ATTORNEY, just affirmed the position of the "LEGAL ASSISTANT."

Wow..it actually appears that I might know what I'm talking about. Of course, I never had a doubt.

Birdofsong


Seems you cut a lot of quotes short when you need to.

Quote:
SC might not be able to get damages from a KJ who is 1:1 (without permission), but injunctive relief is available nevertheless.



It is possible to have the court order the KJ in question to stop using the copied files (in other words go back to a disc based system).

The rest of what you quoted in not necessary in the comprehension of it and makes no difference whatsoever.
Seems you're having a little comprehension problem again. Let me simplify it for you.
Damages are generally different than injuctive relief. Injunctive relief might mean something along the lines of a court ordering an individual to stop doing a particular thing. Damages, however is usually a monetary value awarded to the winning party.
Just-so-ya-know!


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 4:41 am 
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HarringtonLaw wrote:
Lone Wolf wrote:
HarringtonLaw wrote:
As for the GEM series...that product is licensed along the same lines as computer software is licensed. I don't think the term "renting" is legally accurate, but for a layman that is probably close enough.


Really???
When I purchase the license to use, (because that's only what you can do with software), someones software I can use it on any computer I feel like, (as long as it's only 1 at a time unless I purchase more licenses), and I can move it from computer to computer, (as long as I delete it from old computer) just by telling the manufacture of the software that I wish to do so AND THEY DON'T CHARGE ME.
They don't charge me anymore fees for using it and they don't make me get an audit to make sure I have the disc, (because most software is downloaded from their site), to use it EVEN COMMERCIALLY.
I'm just wondering what would happen if Microsoft did what SC is doing and made every computerized KJ show their disc for XP or Vista every time the show computer is booted and their TRADEMARK flashes across the screen.


Last response for today.

You're allowed to do those things with the software because the end-user license agreement says you can. If the software licensor wanted to do something different, it could do so. In fact, for its business-oriented licensing programs, Microsoft does have restricted licenses that require fees to move from computer to computer and to renew software licenses.

The GEM license, which is an agreement between the user and SC, puts a specific set of restrictions on the user. If you don't agree to those restrictions, you don't have to use the product.



8) So why not just offer the fee to shift the material, the hosts that chose not to use the product don't. Then you could focus your attention on the others that have not complied. It would seem a lot easier and less expensive than your current efforts. The dragnet approach you seem to favor, where the innocent are sucked up with the pirates and letting the legal process sort the whole mess out for you.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 4:50 am 
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Bazza wrote:
HarringtonLaw wrote:
I don't think the term "renting" is legally accurate, but for a layman that is probably close enough.


The term "renting" is used intentionally as a derogatory scare tactic. It is used to imply you will be paying a large monthly rent perpetually. Of course after five years the renewal clause is only $33 annually (if even enforced), and the total amount even decades later would still be much less than "owning" the very same songs.

But that's not nearly as much fun for some.

And thanks for pointing out that by the same token, you do not OWN Microsoft Windows...or Mac OS-X. You RENT it. :lol:



8) Have you ever wondered why the fee annually is only $33.00 per year after five years? Could be a couple of things either there might not be a SC in five years to collect anything. Or maybe the $33.00 when the time comes could be much more if SC decides to raise the annual fee. Also consider that if no new music is produced the library at that time will be almost 9 years old.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 5:05 am 
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The Lone Ranger wrote:
Also consider that if no new music is produced the library at that time will be almost 9 years old.


Is DK still producing music? How old are they now?

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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 6:50 am 
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Thunder wrote:
birdofsong wrote:
HarringtonLaw wrote:
Birdofsong


It is possible to have the court order the KJ in question to stop using the copied files (in other words go back to a disc based system).


It's called cease and disist, and it should be the first course of action by SC, as always is even with the biggestof companies


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 7:27 am 
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hiteck wrote:
The Lone Ranger wrote:
Also consider that if no new music is produced the library at that time will be almost 9 years old.


Is DK still producing music? How old are they now?



8) Point is I do an oldies show, my target market is the baby boomers, the largest single segment of our current society. I don't require an up to date library, in fact the older the better for me. Having new product is just not that critical. I'm not the host trying to attract the 20's something market, but I have young families that enjoy the show right along with the grandparents.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 8:33 am 
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The Lone Ranger wrote:
8) Have you ever wondered why the fee annually is only $33.00 per year after five years? Could be a couple of things either there might not be a SC in five years to collect anything. Or maybe the $33.00 when the time comes could be much more if SC decides to raise the annual fee. Also consider that if no new music is produced the library at that time will be almost 9 years old.


If you stopped throwing stones long enough to read the GEM license, you would know that the renewal fee, by contract, cannot exceed $100 per three years. And there is nothing in the contract that says the renewal fee has to be $100. It could be half that, or a dollar. It could be waived entirely. But it will not be more than $100.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 8:50 am 
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Harrington Law:

Why can't Sound Choice just issue a blanket directive to allow KJs to shift the media to a hard drive. What is the big f'n deal with that? I saw earlier you discussed issue with the quality of display, etc. In many instances, the only people who see the logo/lyrics are the actual singers. As for the sound quality, in my former job I did quite a bit of traveling in the US, singing karaoke in many places and encountered some of the worst equipment you can imagine playing SC tracks. Same for the lyrics display, there are karaoke hosts using 15-year-old 13-inch television screens. As a matter of fact, one of your "certified" KJs has a system that sounds like crap, so plenty of damage being done to the brand there every night.

I am a subscriber to Prime Cuts for my mp3 music and don't have to be certified to shift my media to my hard drive, as a matter of fact, they send me cds already in mp3 format. If the karaoke manufacturers would just go ahead and give permission to place the tracks on their hard drives, most of this back and forth could be avoided.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 8:59 am 
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HarringtonLaw wrote:
The Lone Ranger wrote:
8) Have you ever wondered why the fee annually is only $33.00 per year after five years? Could be a couple of things either there might not be a SC in five years to collect anything. Or maybe the $33.00 when the time comes could be much more if SC decides to raise the annual fee. Also consider that if no new music is produced the library at that time will be almost 9 years old.


If you stopped throwing stones long enough to read the GEM license, you would know that the renewal fee, by contract, cannot exceed $100 per three years. And there is nothing in the contract that says the renewal fee has to be $100. It could be half that, or a dollar. It could be waived entirely. But it will not be more than $100.



8) I'm not the one that starting throwing the stones, I have been trying to find a reasonable way to stop the tossing. My point is why should anybody pay twice for material they already own. Of course we don't own the trademark that is shifted. So why don't you just charge a shifting fee and be done with it. The answer there isn't enough money in it, right. I personally would rather drop your product from my show, and pay nothing, of course that' just me.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 9:18 am 
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The Lone Ranger wrote:
I'm not the one that starting throwing the stones, I have been trying to find a reasonable way to stop the tossing. My point is why should anybody pay twice for material they already own. Of course we don't own the trademark that is shifted. So why don't you just charge a shifting fee and be done with it. The answer there isn't enough money in it, right. I personally would rather drop your product from my show, and pay nothing, of course that' just me.


You sir have no backbone... I won't waste my time going through all your blithering, stone-throwing posts... but even before Mr. Harrington began to post on this board, you were happily slinging away.

Own it.

No sniveling.

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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 9:28 am 
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rickgood wrote:
Harrington Law:

Why can't Sound Choice just issue a blanket directive to allow KJs to shift the media to a hard drive. What is the big f'n deal with that? I saw earlier you discussed issue with the quality of display, etc. In many instances, the only people who see the logo/lyrics are the actual singers. As for the sound quality, in my former job I did quite a bit of traveling in the US, singing karaoke in many places and encountered some of the worst equipment you can imagine playing SC tracks. Same for the lyrics display, there are karaoke hosts using 15-year-old 13-inch television screens. As a matter of fact, one of your "certified" KJs has a system that sounds like crap, so plenty of damage being done to the brand there every night.

I am a subscriber to Prime Cuts for my mp3 music and don't have to be certified to shift my media to my hard drive, as a matter of fact, they send me cds already in mp3 format. If the karaoke manufacturers would just go ahead and give permission to place the tracks on their hard drives, most of this back and forth could be avoided.


Despite what some on here would have you believe, this initiative is primarily NOT about KJs who have legally purchased their music and are simply guilty of making a 1:1 shift without authorization. For every person SC has sued who was actually 1:1, there are 25-30 who are not. Those KJs are our primary focus, with the goal of (a) making them pay for their past infringement and (b) either leaving the business or destroying their counterfeit material and paying to acquire legal material.

When a person who is actually 1:1 is named in a lawsuit--we try hard not to do that, but it happens--then that person is offered a no-expense in-person audit, and if they are genuinely 1:1 (with a 2% tolerance) then they get an immediate dismissal.

Even if we could issue a "blanket directive" as you suggest--and I don't think we have the right to do so--it would affect very few people, and it would make it even harder than it already is to police illicit use of SC's material.

If you are concerned about using SC's material, here's how to do it without worries: Buy your discs legally. Stay 1:1. Volunteer for an audit of your system (paying a small fee that defrays a portion of the audit expense). If you choose not to get audited, understand that you might be sued if your show is investigated and we determine that you are likely operating outside 1:1 compliance. But if you are sued, and you are 1:1, you should immediate request an audit to verify that, and you will be dropped from the suit after you pass.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 9:46 am 
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MtnKaraoke wrote:
The Lone Ranger wrote:
I'm not the one that starting throwing the stones, I have been trying to find a reasonable way to stop the tossing. My point is why should anybody pay twice for material they already own. Of course we don't own the trademark that is shifted. So why don't you just charge a shifting fee and be done with it. The answer there isn't enough money in it, right. I personally would rather drop your product from my show, and pay nothing, of course that' just me.


You sir have no backbone... I won't waste my time going through all your blithering, stone-throwing posts... but even before Mr. Harrington began to post on this board, you were happily slinging away.

Own it.

No sniveling.



8) I was referring to the whole SC lawsuit thing, this is what started this whole process right. Not Harrington coming on within the last month or so. This has been going on for over 2 years now and still no significant change has occurred in the market place. You have real backbone licking the boots that kick the industry. If that's backbone heaven help all of us. As far a sniveling goes I'm not the one saying I can't live without SC.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 10:00 am 
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The Lone Ranger wrote:
I was referring to the whole SC lawsuit thing, this is what started this whole process right. Not Harrington coming on within the last month or so. This has been going on for over 2 years now and still no significant change has occurred in the market place. You have real backbone licking the boots that kick the industry. If that's backbone heaven help all of us. As far a sniveling goes I'm not the one saying I can't live without SC.



No. Not right. Cart before the horse much?

Piracy started this whole thing.

You are dead wrong about any boot licking on my part. The boots you are referring to are not "kicking the industry" they are, slowly and steadily being aimed to kick the $hit out of pirates and their supporters. I wish Debi Stoval and David Grimes (both from Chartbuster) would return to these boards and support SC's position as they did in Charlotte last year. There are some interesting facts and opinions there that may even penetrate the fog of codgerism that surrounds you.

As far as sniveling goes... you're still at it. Your false statement expressing something that I never stated is just another example.

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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 11:05 am 
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The Lone Ranger wrote:
My point is why should anybody pay twice for material they already own.


Who is paying twice? I certainly haven't paid "twice" for the GEM series, nor will I.

And as for "Why" they charge it at all...read and learn: http://en.wikipedia.org/wiki/Peppercorn_%28legal%29


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 11:29 am 
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The Lone Ranger wrote:
So why don't you just charge a shifting fee and be done with it.


They do that now, but you seem to have a problem with paying it! You want to claim you are all for paying a "$500 per year" nonexistent licensing fee that allows you to "shift your content" when both Sound Choice and Chartbuster (and Stellar in another form) already do this at a much cheaper rate (other than Stellar who charges $2500). I can only imagine the shock wave that is going to roll through the community when Stellar starts filing lawsuits, it ain't going to be cheap to settle. Everyone sort of has Stellar on the back burner because they don't hear anything from them, but Tom is a crafty old bear who has been quitely laying the ground work for those who have pirated his product. A perfect storm and It's coming!

So let me ask you, why do you feel it is OK to pay $500 PER YEAR for the same thing already being offered for much less?


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 12:08 pm 
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Thunder wrote:
The Lone Ranger wrote:
So why don't you just charge a shifting fee and be done with it.



So let me ask you, why do you feel it is OK to pay $500 PER YEAR for the same thing already being offered for much less?


Well i cant answer for him of course, but my answer would be because that $500 would cover something that NONE of the manufacturers can currently offer - 100% peace of mind that as long as u are operating legally NO ONE can come after you especially for those brands that no longer exist.

Remember even people like soundchoice admit that they don't have the full rights to their tracks and altho it is very unlikely the possibility of the original IP owners coming after you exists.

-James


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 12:30 pm 
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jclaydon wrote:
Well i cant answer for him of course, but my answer would be because that $500 would cover something that NONE of the manufacturers can currently offer - 100% peace of mind that as long as u are operating legally NO ONE can come after you especially for those brands that no longer exist.

Remember even people like soundchoice admit that they don't have the full rights to their tracks and altho it is very unlikely the possibility of the original IP owners coming after you exists.

-James


I have that now so does everyone else, as long as you are operating "LEGALLY" no one is coming after you. It would only be those who are operating illegally that have anything to worry about. The kicker here is to operate legally and to do that while shifting the content for computer use you need the permission of the manu, I have that!


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 12:34 pm 
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rickgood wrote:
Harrington Law:

Why can't Sound Choice just issue a blanket directive to allow KJs to shift the media to a hard drive. What is the big f'n deal with that? I saw earlier you discussed issue with the quality of display, etc. In many instances, the only people who see the logo/lyrics are the actual singers. As for the sound quality, in my former job I did quite a bit of traveling in the US, singing karaoke in many places and encountered some of the worst equipment you can imagine playing SC tracks. Same for the lyrics display, there are karaoke hosts using 15-year-old 13-inch television screens. As a matter of fact, one of your "certified" KJs has a system that sounds like crap, so plenty of damage being done to the brand there every night.

I am a subscriber to Prime Cuts for my mp3 music and don't have to be certified to shift my media to my hard drive, as a matter of fact, they send me cds already in mp3 format. If the karaoke manufacturers would just go ahead and give permission to place the tracks on their hard drives, most of this back and forth could be avoided.


Sound Choice offers just that, it is called the GEM series, so does Chartbuster and Stellar.


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 Post subject: Re: Introduction
PostPosted: Tue Aug 16, 2011 12:36 pm 
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The Lone Ranger wrote:
Point is I do an oldies show, my target market is the baby boomers, the largest single segment of our current society. I don't require an up to date library, in fact the older the better for me. Having new product is just not that critical. I'm not the host trying to attract the 20's something market, but I have young families that enjoy the show right along with the grandparents.


So why are you so concerned about the fact that Sound Choice not making any new releases? :mrgreen:


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