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Murray C
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Posted: Thu Sep 15, 2011 10:06 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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earthling12357 wrote: At this point all they have to do is refrain from playing soundchoice tracks and they are back in business basically untouchable. Especially if the business is incorporated... ...While this is a small moral victory for soundchoice it is effectively meaningless to anyone else because nothing changes for anyone else yet. This is a pirate that can stay in business as a pirate without concern for any worse consequences. Are you saying if the business is incorporated, they are untouchable as far as the $750,000 judgement order is concerned? If they remain in business, wouldn't that be providing income from which they could be paying off the judgement and it's accruing interest? And if so, wouldn't they now have to charge more for their gigs to be able to cover the "overhead" of their $750,000 "loan"?
Last edited by Murray C on Thu Sep 15, 2011 10:37 am, edited 1 time in total.
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diafel
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Posted: Thu Sep 15, 2011 10:12 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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Murray C wrote: earthling12357 wrote: At this point all they have to do is refrain from playing soundchoice tracks and they are back in business basically untouchable. Especially if the business is incorporated... ...While this is a small moral victory for soundchoice it is effectively meaningless to anyone else because nothing changes for anyone else yet. This is a pirate that can stay in business as a pirate without concern for any worse consequences. Are you saying if the business is incorporated, they are untouchable as far as the $750,000 judgement order is concerned? If they remain in business, wouldn't that be providing income form which they could be paying off the judgement and it's accruing interest? And if so, wouldn't they now have to charge more for their gigs to be able to cover the "overhead" of their $750,000 "loan"? If their business is a limited corp, they can close down that particular business and SC won't be able to touch a cent other than what is there at the time. They can then create a new limited corp and can be back in business in no time. With a limited corp, personal assets cannot be touched and only what is actually owned by the business can be seized. For instance, perhaps all that sound equipment is only leased from the owner of the business and they are his personal assets. Can't touch them.... Just saying...
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Wall Of Sound
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Posted: Thu Sep 15, 2011 10:27 am |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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Murray C
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Posted: Thu Sep 15, 2011 10:45 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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diafel wrote: If their business is a limited corp, they can close down that particular business and SC won't be able to touch a cent other than what is there at the time. They can then create a new limited corp and can be back in business in no time. Well, that doesn't seem morally right does it?
Last edited by Murray C on Fri Oct 07, 2011 6:25 am, edited 1 time in total.
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diafel
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Posted: Thu Sep 15, 2011 11:06 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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Murray C wrote: diafel wrote: If their business is a limited corp, they can close down that particular business and SC won't be able to touch a cent other than what is there at the time. They can then create a new limited corp and can be back in business in no time. Well, that doesn't seem morally right does it? But then isn't that what Trump did? The second you bring morals into business decisions, you might as well close up shop. Not to say that you shouldn't use some, but if your business will suffer at all because of it... Well... Just sayin'
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timberlea
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Posted: Thu Sep 15, 2011 11:12 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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Chip maybe you should speak to some police forensic labs about the recovery of "erased/deleted" files. They are not as gone as you may think.
The best way to destroy what's on a hard drive is to smash it into little itty bitty pieces.
_________________ You can be strange but not a stranger
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diafel
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Posted: Thu Sep 15, 2011 11:21 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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timberlea wrote: Chip maybe you should speak to some police forensic labs about the recovery of "erased/deleted" files. They are not as gone as you may think.
The best way to destroy what's on a hard drive is to smash it into little itty bitty pieces. There are programs out there that will completely rid the drive of all deleted data, FOREVER. Not so hard to do as you would think. These are just a few of them. There are many others that are equally effective. Overwriting several times is the best way, though. http://www.friedbeef.com/8-ways-to-perm ... any-trace/
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Murray C
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Posted: Thu Sep 15, 2011 1:36 pm |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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Thankyou diafel.
Last edited by Murray C on Fri Oct 07, 2011 6:26 am, edited 1 time in total.
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jdmeister
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Posted: Thu Sep 15, 2011 1:54 pm |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7708 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1091 times
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diafel wrote: timberlea wrote: Chip maybe you should speak to some police forensic labs about the recovery of "erased/deleted" files. They are not as gone as you may think.
The best way to destroy what's on a hard drive is to smash it into little itty bitty pieces. There are programs out there that will completely rid the drive of all deleted data, FOREVER. Not so hard to do as you would think. These are just a few of them. There are many others that are equally effective. Overwriting several times is the best way, though. http://www.friedbeef.com/8-ways-to-perm ... any-trace/With all due respect, Tim is correct.. I've recovered data from hard drives that were formatted and a new OS installed.. My students @ college were given this assignment to prove to them what did and didn't work.. Overwriting works with fools and noobs.. Forensic analysis can recover quite a bit.. It depends on the recovery method used.. Smashing the hard drive partially works.. Grinding the hard drive into pieces does work.. And that's why the US Government required the hard drive to be removed and destroyed on any computer that was used in a secure area. (ie: Black Project) They even pull the memory out, assuming someone could recover data from the ram.. and they can.. Your mileage may vary..
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timberlea
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Posted: Thu Sep 15, 2011 2:01 pm |
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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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To add to what I said, it takes time, determination to get the info, unlike CSI where they can get a result on anything in 15 minutes flat. Also if all one had to do was to close the company, ignore, or any myriad of things to avoid paying on a lawsuit and it was that easy, then why bother suing anybody.
_________________ You can be strange but not a stranger
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Wall Of Sound
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Posted: Thu Sep 15, 2011 2:05 pm |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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jdmeister wrote:
With all due respect, Tim is correct..
I've recovered data from hard drives that were formatted and a new OS installed.. My students @ college were given this assignment to prove to them what did and didn't work.. Overwriting works with fools and noobs..
Forensic analysis can recover quite a bit..
It depends on the recovery method used..
Smashing the hard drive partially works..
Grinding the hard drive into pieces does work..
And that's why the US Government required the hard drive to be removed and destroyed on any computer that was used in a secure area. (ie: Black Project)
They even pull the memory out, assuming someone could recover data from the ram.. and they can..
Your mileage may vary..
Does this then mean that SC should either "smash" or "grind" Karaoke Miami's devices to insure total deletion of any SC mark on the devices?
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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earthling12357
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Posted: Thu Sep 15, 2011 2:05 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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While it is true that data can almost always be recovered, few have the resources to do so (the tools can be very expensive and exclusive).
As far as the judgement for soundchoice is concerned, the files simply need to be rendered unusable. This can be accomplished for all practical purposes through overwriting.
As far as the defendant hiding or retaining his other files is concerned, that can be done by copying his files to a back-up drive prior to surrendering the original and then overwriting everything but the soundchoice files. It's unlikely soundchoice will go to the expense of trying to see what else was on the drive.
_________________ KNOW THYSELF
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jdmeister
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Posted: Thu Sep 15, 2011 2:07 pm |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7708 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1091 times
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Wall Of Sound wrote: jdmeister wrote:
With all due respect, Tim is correct..
I've recovered data from hard drives that were formatted and a new OS installed.. My students @ college were given this assignment to prove to them what did and didn't work.. Overwriting works with fools and noobs..
Forensic analysis can recover quite a bit..
It depends on the recovery method used..
Smashing the hard drive partially works..
Grinding the hard drive into pieces does work..
And that's why the US Government required the hard drive to be removed and destroyed on any computer that was used in a secure area. (ie: Black Project)
They even pull the memory out, assuming someone could recover data from the ram.. and they can..
Your mileage may vary..
Does this then mean that SC should either "smash" or "grind" Karaoke Miami's devices to insure total deletion of any SC mark on the devices? No that's not what the judge said..
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Wall Of Sound
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Posted: Thu Sep 15, 2011 2:19 pm |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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jdmeister wrote: Wall Of Sound wrote: Does this then mean that SC should either "smash" or "grind" Karaoke Miami's devices to insure total deletion of any SC mark on the devices?
No that's not what the judge said.. Yes. I believe you are correct. Perhaps SC should go back to the judge & see if they can "smash" or "grind" since it is a fact that deleted data can be recovered off of these devices.
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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kjathena
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Posted: Thu Sep 15, 2011 10:12 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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anything overwritten less than 32 times is easily recoverable with software that costs less than 300.00.....more expensive software available easily can look 128 layers deep and recover data. I am not real computer savvy nor a programmer but I can and have used software to recover data 28 layers deep.....The only way to insure complete unrecoverable data is to destroy the drive....I use a drill on mine and a really strong speaker magnet
_________________ "Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain." Unknown "if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters." Lee McGuffey
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c. staley
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Posted: Thu Sep 15, 2011 11:32 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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timberlea wrote: Chip maybe you should speak to some police forensic labs about the recovery of "erased/deleted" files. They are not as gone as you may think.
The best way to destroy what's on a hard drive is to smash it into little itty bitty pieces. Timberlea, I've been in computers since 1981.. that's 30 years... I do know about the forensics.... I'm fully aware of the sub-disc timing marks that are placed when data is written and that's OLD technology dating back the days of reel-to-reel tapes and sigma-9 drum drives which also use timing marks. You are talking about "high-level erasures"... I'm talking about "low-level" that goes well beyond a disk format. Nice try. Stick to police work. JDmeister wrote: And that's why the US Government required the hard drive to be removed and destroyed on any computer that was used in a secure area. (ie: Black Project) Correct. Even back in the days of tape drives, the Gov't. required reels of tape to be unspooled and burned.
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JoeChartreuse
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Posted: Thu Sep 15, 2011 11:52 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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kjathena wrote: In the Order Granting Slep-Tone Motion for Default Judgment was written by the judge who clearly sided with SC in all aspects. For those who are hoping to see a case go all the way to court( BTW that will happen soon), why do you think the outcome in front of a jury would be any different? The answer to your question is pretty much a gimme: 1) this was a DEFAULT settlement. No contest to the the suit. 2) Anyone going to court would either bring a knowledgeable lawyer or be BE knowledgeable enough to point out what is pretty much a sieve of a case. The judge pretty much HAD to side with SC without anyone to contest the suit. I DO wish the best of luck on the collection of those funds from the KJ.... However, I WILL say this: If a KJ is dumb enough to allow the case to go to default, then whatever happens to them is CAUSED by them. Note the following for ANY lawsuit one may find themselves involved in: TAKE the time to do the research. LEARN what is required in regard to ANY suit. GET the information from unbiased sources ( for instance in case of a suit from SC, one would be a moron to confine their knowledge to whatever SC tells them- duh?). HAVE all the information BEFORE making any decisions. Then MAKE one. Waiting for ANY lawsuit to "go away" is self- destructive. BE pro-active.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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c. staley
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Posted: Fri Sep 16, 2011 12:04 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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kjathena wrote: anything overwritten less than 32 times is easily recoverable with software that costs less than 300.00.....more expensive software available easily can look 128 layers deep and recover data. I am not real computer savvy nor a programmer but I can and have used software to recover data 28 layers deep.....The only way to insure complete unrecoverable data is to destroy the drive....I use a drill on mine and a really strong speaker magnet "deep?".... you must think a hard drive is like a pool? If you want to erase data.. that can never be recoverable, there is open source external block overwrite utilities that can do it and they're free. You just have to find one that is not disabled by your computer's basic input/output service. (BIOS)
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Wall Of Sound
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Posted: Fri Sep 16, 2011 12:10 am |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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c. staley wrote: If you want to erase data.. that can never be recoverable, there is open source external block overwrite utilities that can do it and they're free. Then why would the government require grinding a HD up that holds classified info if these utilities are available? Also can this utility just delete certain files or does it kill the whole drive?
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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JoeChartreuse
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Posted: Fri Sep 16, 2011 12:12 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: But if they are truly going to get the hard drives that have the entire illegal library of not only Sound Choice but anything else that happens to reside, and they format the disc to erase the Sound Choice tracks, well everything else is going to be gone as well - I doubt that any judge would get on SC for that. That is provided Karaoke Miami gives all of their drives up in the first place in which i'm thinking if they were stupid enough to buy a loaded hard drive, they would be stupid to continue to keep/use one. Assuming this person was a pirate ( although personally, I assume nothing without proof), they would still have grounds for several lawsuits against SC were SC to erase anything but SC tracks. They have no authorization to do so, the "pirate could claim anything from destruction of personal property to restraint of trade. On the other hand, if he/she was stupid enough to allow a default, he/she is probably too stupid to know that. I have yet to see anyone willing to fight taken to court by SC. To me, this in itself is an indicator of their lack of legal resolve.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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