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 Post subject: Re: Seriously?
PostPosted: Mon Aug 22, 2011 9:59 pm 
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birdofsong wrote:
What exactly is it that you think we're selling, Wall? Pictures of discs?

Hey Cue -- did you get your discs that you bought? Are they real? Diafel -- weigh in when you get yours, okay?


I bought several items from Birdofsong, and they sure as heck looked like real discs to me.


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 Post subject: Re: Seriously?
PostPosted: Mon Aug 22, 2011 10:21 pm 
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i don't see any reason to believe they wouldn't be.

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 Post subject: Re: Seriously?
PostPosted: Mon Aug 22, 2011 10:34 pm 
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HarringtonLaw wrote:
Paradigm Karaoke wrote:

correct, but Henley and Frye do not give permission for songs they are involved in eg. Hotel California. this is what happened with 8125, plus SC has no,0, none of Eagles songs available on disc unless you get custom from overseas. if one of the writers says ok, can that over-ride the others denying permission?


Yes. Co-authors of a joint work can each license the whole work. All they have to do is share the profits.


so when Henley threw a fit and had his lawyer have SC destroy the discs because he did not agree, but other writers of the songs did, Henley was wrong?

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 Post subject: Re: Seriously?
PostPosted: Mon Aug 22, 2011 11:01 pm 
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diafel wrote:
birdofsong wrote:
Wall Of Sound wrote:
Or support a karaoke show that we might think..... never mind....


What exactly is it that you think we're selling, Wall? Pictures of discs?

Hey Cue -- did you get your discs that you bought? Are they real? Diafel -- weigh in when you get yours, okay?

Not sure why I would bother. He thinks I don't really own any discs, either. Apparently it's all just some big sham we're putting on, probably for his benefit, because he seems to think he matters that much to us. How self centered!


Can I see your song book? Also can I get a show schedule to come check out your fun karaoke show?

You can find my book & show schedule here:
http://www.psycho-attitude-productions.com/

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 Post subject: Re: Seriously?
PostPosted: Mon Aug 22, 2011 11:39 pm 
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leopard lizard wrote:
There seems to be some eagerness and joy at the thought of dancing on SCs grave for some that I have decided has to do with personal reasons as some get so upset that other people continue to like their tracks.


I don't know if you are ferring to me, but if so:

You mean like Athena's ( no disrespect to her, and she knows it.. :D ) Happy Dance every time SC pulls more names out of a hat?

No, not quite. First, I ALSO like their tracks, most of which are pretty good. I just don't pray to them, and I KNOW having or not having any one mfr's. versions has ever, or ever will have ANY effect on my business.

I was stating facts- they haven't been a new karaoke track producer for years. At this time they are out of that business. NO ONE qustions that.

Would I like to see ANY company that uses SC's methodology for a business model shut down? NOW I would say YOU BET! Not so in the beginning of these debates, where I was more concerned with the venues that no longer wish to risk karaoke due to SC actions. Then it was just business. However, I have learned to much since then.

Every business needs to make money- that's a given. But MOST businesses provide a service or product to enhance someone else's business or lifestyle. Wait, you say. They still put out the GEM series. I freely admit that I do not have access to their books, but I would bet dollars to donuts that more of those sets are moved through litigation forced sales than sales without pressure from litigation.

I no longer see their continued existance as being a benefit to anyone.

Their methodology has ALWAYS offended my sense of ethics.

The one time I spoke to Kurt, and also through the numerous posts, I have sensed no remorse from Kurt for actions that I feel should have created some.

So in answer to your question/statement: Yes, it's become personal as well.

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 4:16 am 
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Wall Of Sound wrote:
Can I see your song book?

We don't use books, we use a wireless kiosk and here's portion of it:
Image

Wall Of Sound wrote:
Also can I get a show schedule to come check out your fun karaoke show?

Nope.

Wall Of Sound wrote:
You can find my book & show schedule here:
http://www.psycho-attitude-productions.com/

So? I'm not planning any trips to that area of Nevada, I'm not interested in listening to "edgy metal" songs nor am I interested seeing anyone in a pink tutu.

However, If your paying for airfare, lodging, transportation and meals, we can certainly discuss it....


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 8:11 am 
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c. staley wrote:
HarringtonLaw wrote:
Yes. Co-authors of a joint work can each license the whole work. All they have to do is share the profits.

I disagree. If that were true, then Henley wouldn't matter if Frey agreed.


You can disagree all you want, but it will not change the law. Section 201 of the Copyright Act provides that the authors of a joint work are co-owners of the copyright. As co-owners, they are legally entitled to exercise all the rights of an owner (enumerated in § 106) and to license others to do the same (although it must be on a non-exclusive basis, since the other co-owner(s) can also issue licenses). There is a state-law-based obligation to account to the other co-owner(s) for the profits on a per capita basis.

However, co-authors can make side agreements that vary the standard arrangement. If Henley and Frey decided to sign a contract that said neither will license without the other's consent, that would be an enforceable contract--but it's a matter of contract law, not copyright law.

c. staley wrote:
AND....
PRS Karaoke Agreement wrote:
3.13 No Repertoire Work may be used in such a way as to imply approval or endorsement by the writer of, or a performer associated with, such a Repertoire Work, or of the content of the Karaoke Product or the part of the Karaoke Product which includes the Repertoire Work, unless the relevant Member has specifically consented thereto for the purposes of this Agreement.

Was there "specific consent?"


Here we find illustrated the danger of just reading an excerpt of a legal document. What you're quoting from is the MCPS license, but the specific paragraph you quote relates to the attribution of a work to a particular performer or writer ("Style of X"). That paragraph simply means that if you are going to use a "Style of" designator, you have to have the specific consent of the person identified. This paragraph has nothing to do with whether the content itself is licensed.


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 8:42 am 
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I believe I shall begin referring to HarringtonLaw as "Mr. Untwister". :!:

That way, when I quote his eloquent and lucid responses to these insipid, subversive, desperate attempts to mis-inform and cast dispersion and fear...

I can say "In the Style of" Mr. Untwister

Please PM if you require consent. :D

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 8:45 am 
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Wall Of Sound wrote:
Can I see your song book? Also can I get a show schedule to come check out your fun karaoke show?

You can find my book & show schedule here:
http://www.psycho-attitude-productions.com/

Given the fact that you and a few others on here have chosen to stalk me, you should already know exactly where my shows are and the dates and times of them, so why are you bothering to ask, unless it's to try and get my hackles up? As C. Staley said, we use kiosks, so no, you can't see my song book, either.


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:00 am 
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MtnKaraoke wrote:
I believe I shall begin referring to HarringtonLaw as "Mr. Untwister". :!:

That way, when I quote his eloquent and lucid responses to these insipid, subversive, desperate attempts to mis-inform and cast dispersion and fear...

I can say "In the Style of" Mr. Untwister

Please PM if you require consent. :D

Please remember that HarringttonLaw is only a lawyer, and as such, although he knows much of the law, we are treading on untested ground here and he can only surmise and give his opinion as to what he thinks will happen.
A judge may not, and in some cases probably will not agree with him and rule in his favour. Until it hits a court room (I seriously doubt it will) and goes before a judge, we just won't know for sure.
Rest assured, he won't agree with any opposing opinion that SC could lose on certain issues, nor will he agree or even acknowledge that you could be right. That would simply blow his case, should it ever see a court room (I seriously doubt it will) and give current "pirates" ammunition with which to fight, and that would most certainly be stupid of Mr. Harrington if he did.
Please keep that in mind when taking in what HarringtonLaw states as "fact" and before assuming he knows it all.
Remember, he's only human like the rest of us (as are all lawyers).


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:02 am 
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I use kiosks and you can always view my songbook online (and even download a copy if you like).

My schedule is also posted and I send out over 1000 invites weekly for all my venues.

I don't understand why a host/KJ would make their show(s) hard to find.

It seems counter-intuitive to not publicize and promote especially when you can do it on-line, practically for free.

Google me and you'll see what I mean (the name of my show is in my sig).

I found Karaoke Scene a few years ago by doing just that... as I've become familiar with my peers and colleagues here, I've googled a few of you and the results are quite varied to say the least. :D

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:28 am 
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diafel wrote:
Please remember that HarringttonLaw is only a lawyer, and as such, although he knows much of the law, we are treading on untested ground here and he can only surmise and give his opinion as to what he thinks will happen.
A judge may not, and in some cases probably will not agree with him and rule in his favour. Until it hits a court room (I seriously doubt it will) and goes before a judge, we just won't know for sure.
Rest assured, he won't agree with any opposing opinion that SC could lose on certain issues, nor will he agree or even acknowledge that you could be right. That would simply blow his case, should it ever see a court room (I seriously doubt it will) and give current "pirates" ammunition with which to fight, and that would most certainly be stupid of Mr. Harrington if he did.
Please keep that in mind when taking in what HarringtonLaw states as "fact" and before assuming he knows it all.
Remember, he's only human like the rest of us (as are all lawyers).


I don't think anyone on this board has been confused into thinking I am anything other than an advocate for my client. I haven't held myself out as anything else. I don't think I've withheld anything except where I have said I was withholding something and given a reason for it. I believe I am reasonably informed about the law in this area.

I also think that you can easily go broke trying to predict what judges and juries will do. They're humans, too. As I tell all my clients, litigation is inherently unpredictable because humans are involved in it. Sometimes even settled issues get reconsidered in new cases. Like almost every litigator does, I encourage my clients to remove the uncertainty of litigation by settling on reasonable terms, where it is possible to do so. But I would not be handling this litigation if I did not believe that we had the better part of every argument, so if we have to go to trial, so be it.


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:46 am 
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HarringtonLaw wrote:
diafel wrote:
Please remember that HarringttonLaw is only a lawyer, and as such, although he knows much of the law, we are treading on untested ground here and he can only surmise and give his opinion as to what he thinks will happen.
A judge may not, and in some cases probably will not agree with him and rule in his favour. Until it hits a court room (I seriously doubt it will) and goes before a judge, we just won't know for sure.
Rest assured, he won't agree with any opposing opinion that SC could lose on certain issues, nor will he agree or even acknowledge that you could be right. That would simply blow his case, should it ever see a court room (I seriously doubt it will) and give current "pirates" ammunition with which to fight, and that would most certainly be stupid of Mr. Harrington if he did.
Please keep that in mind when taking in what HarringtonLaw states as "fact" and before assuming he knows it all.
Remember, he's only human like the rest of us (as are all lawyers).


I don't think anyone on this board has been confused into thinking I am anything other than an advocate for my client. I haven't held myself out as anything else. I don't think I've withheld anything except where I have said I was withholding something and given a reason for it. I believe I am reasonably informed about the law in this area.

I also think that you can easily go broke trying to predict what judges and juries will do. They're humans, too. As I tell all my clients, litigation is inherently unpredictable because humans are involved in it. Sometimes even settled issues get reconsidered in new cases. Like almost every litigator does, I encourage my clients to remove the uncertainty of litigation by settling on reasonable terms, where it is possible to do so. But I would not be handling this litigation if I did not believe that we had the better part of every argument, so if we have to go to trial, so be it.

It's all good. Just wanted to remind others.... Have a great day! :D


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:52 am 
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diafel wrote:
Please remember that HarringttonLaw is only a lawyer, and as such, although he knows much of the law, we are treading on untested ground here and he can only surmise and give his opinion as to what he thinks will happen.


I have no need to "remember" as you condescend to instruct me. I have not "forgotten" anything. I am fully aware of who HarringtonLaw is. I know it just frosts your a$$. What he thinks will happen certainly holds substantially more credibility than your stalker-fearing, insular, psuedo-psycho-babble. This holds true by virtue of the fact that HarrringtonLaw is not only an attorney, but he is also "the attorney" of record for the very same cases and resultant issues we are discussing.

diafel wrote:
A judge may not, and in some cases probably will not agree with him and rule in his favour. Until it hits a court room (I seriously doubt it will) and goes before a judge, we just won't know for sure.


Let me be clear, as you continually underestimate my ability to think for myself, I have a full grasp on the fundamentals of fact and opinion. When I examine the ratio of fact to opinion in what you express, I find that ratio to be horribly skewed and without support. I form my own opinions based on my own analysis of the information available. I can research what HarringtonLaw states and consider for myself the validity of his argument. I can't research your indignation or vindictiveness.


diafel wrote:
Rest assured, he won't agree with any opposing opinion that SC could lose on certain issues, nor will he agree or even acknowledge that you could be right. That would simply blow his case, should it ever see a court room (I seriously doubt it will) and give current "pirates" ammunition with which to fight, and that would most certainly be stupid of Mr. Harrington if he did.


Your feeble assurances aside, I have more knowledge and background regarding these issues than you are aware of. What you are describing is the stance of any attorney when it comes to a client. Would you hire or retain an attorney who expressed agreement with opposing opinion? That's ludicrous as agreeing would make the opinion "non-opposing". Really, you're just stating the obvious here.


diafel wrote:
Please keep that in mind when taking in what HarringtonLaw states as "fact" and before assuming he knows it all. Remember, he's only human like the rest of us (as are all lawyers).


Your assumption that I'm "taking in what HarringtonLaw states as "fact" and that I'm "assuming he knows it all." is patently ridiculous and shows that you are completely oblivious.

In the post that inspired the "Mr. Untwister" (joke)... HarringtonLaw stated a fact about the quoted excerpt from c. staley.

c. staley's assertion regarding consent was incorrectly inferred as the section he referred to was in relation to the particular point that HarringtonLaw addressed in his reply to c. staley.

I don't know where you find your place to jump to conclusions regarding my ability to comprehend and discern fact from opinion but you seriously need to consider where you'll land. Do yourself a favor... stop replying to me in this fashion. If you continue to post off-topic and on what you consider to be my perspective and/or comprehension skills, I will continue to expose you as someone who is merely attempting to divert attention and disrupt the respectful exchange of information.

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:54 am 
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Paradigm Karaoke wrote:
HarringtonLaw wrote:
Paradigm Karaoke wrote:

correct, but Henley and Frye do not give permission for songs they are involved in eg. Hotel California. this is what happened with 8125, plus SC has no,0, none of Eagles songs available on disc unless you get custom from overseas. if one of the writers says ok, can that over-ride the others denying permission?


Yes. Co-authors of a joint work can each license the whole work. All they have to do is share the profits.


so when Henley threw a fit and had his lawyer have SC destroy the discs because he did not agree, but other writers of the songs did, Henley was wrong?

I think the rub here is not all songs on the disc were necessarily written by others. Any song that was by Henley or Frey or the combo of both would be subject to the recall - regardless of what the other songs were and they got the ok. In which they COULD have re-released 8125 with other songs to replace that were not written by Henley/Frey exclusively - where these songs (not entirely Henley/Frey or at all) are included in the GEM set??? If I am understanding correctly?

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 9:57 am 
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MtnKaraoke wrote:
If you continue to post off-topic and on what you consider to be my perspective and/or comprehension skills, I will continue to expose you as someone who is merely attempting to divert attention and disrupt the respectful exchange of information.

Fill, your boots.
Move along....


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 10:09 am 
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diafel wrote:
Fill, your boots. Move along....


Sure will...

I'll fill my boots with my own two feet which, god willing, I'll be standing on for the rest of my life.

Looks, works and smells better than what you're shoveling.

I'm moving along because I'm taking a pass...

Have a wonderful day. :angel:

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 10:13 am 
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MtnKaraoke wrote:
I'm moving along because I'm taking a pass...

You got a pass too?
Figures....


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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 10:42 am 
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diafel wrote:
MtnKaraoke wrote:
I'm moving along because I'm taking a pass...

You got a pass too?
Figures....



Ur funny... sometimes.

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 Post subject: Re: Seriously?
PostPosted: Tue Aug 23, 2011 4:31 pm 
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MtnKaraoke wrote:
I use kiosks and you can always view my songbook online (and even download a copy if you like).

My schedule is also posted and I send out over 1000 invites weekly for all my venues.

I don't understand why a host/KJ would make their show(s) hard to find.

It seems counter-intuitive to not publicize and promote especially when you can do it on-line, practically for free.

Counter intuitive for you perhaps. However not all KJ's need to advertise to keep a venue filled. Even if the advertising is free. If you are doing your job properly, word-of-mouth will keep you busy for a lifetime.... and not only is it free, you can't pay for that kind of advertising. I don't advertise at all.... and I have a full club every night I work. (I don't consider posters in a club as "advertising" as much as simply an announcement of entertainment.)

If you are forced to send out "over 1,000 invites weekly" is it to replace patrons that have left? Do your venues hold thousands of patrons or are your competitors taking them from you?

No they're not... but you live in an area that is simply a tourist zone and a the height of your season you must advertise to get the word out to all the tourists that will come and quickly go.


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