Karaoke Forums

BTW, just to be clear here, I am NOT for pirates and never have been, but the point of law is most interesting and that is what I am debating here, not piracy in an of, itself.
I am in no way defending piracy.
I just find the applicable laws (and lack thereof) and the precedents and possible precedents set very interesting.

How do you know we aren't? Not every case that is filed and litigated shows up in PACER.

Now that's a reach.

And specifically because if you were suing hard drive sellers, you'd be publicly honking your horn all over the place as warning to all the other hard drive sellers.. they'd scatter like the cockroaches they are... and it wouldn't cost you a dime or a minute in court. The "good publicity" you'd garner would be worth it's weight in gold and that alone would do more to "help the industry" and to "fight piracy" than you are currently doing, so you must be suggesting that you're keeping the light off intentionally.... for what purpose?

And also, I do recall someone posting here complaining about something along the lines of how tough it was to actually track down the hard drive sellers.

Agreed...

Pure speculation.

if a KJ who makes a 1:1 copy of his drive is direct competition without selling the drive, and you can go after him, then why NOT the drive sellers that everyone keeps posting and flagging, but keep popping back up free as a bird? some of these posts even have the persons name, address, and phone numbers, if suing for competition does not require the FBI, then why must you wait for the FBI to decide that you are important enough to go after them? why not just sue them for competition, then selling counterfeit goods? is the FBI required for all those little roadside vans selling fake Gucci bags?

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Paradigm Karaoke, The New Standard.......Shift Happens

Asking a question is speculation?

The word "speculation" must have a different definition in Alberta.

Apparently, you must then believe that if (and I do mean "if") there are lawsuits against hard drive sellers, it better serves this business to keep it a secret, right?

No. The question you asked was in regards to your speculative assumptions.

Overruled!

Agreed!

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KingBing Entertainment C'mon Up! I have a song for you!!! [font=MS Sans Serif][/font]

Ripman, the above quote was not Harrington's. It was mine and was mislabeled.. Just an fyi.

Wonder if he'll take back his "like" now.

This layman is still a bit confused. If SC's hook is "Trademark Infringement", then why even bring up the piracy of other brands? They aren't (can't) even suing for piracy of their OWN brand.

Sorry, but if deletions are a part of the deal, they can only control their own products- unless of course a KJ is actually uneducated enough to have signed away his soul voluntarily....

Unfortunately, it has happened, silly as it sounds. Go figure..

SC may not do much against piracy, but they seem to be doing ok in strengthening the KJ gene pool...

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

i see where they are going Joe.....
ok, you are accused, you decide to take a settlement rather than chance it in court, pay for lawyers, etc (just follow me for argument).
SC offers you a settlement and if you accept, they will drop the case.
with any settlement offer, there are requirements.
they can not sue you for your illegal CB tracks, but they can put as part of their settlement terms that you can not infringe on any manu.
if you refuse to delete those CB tracks, they can refuse to settle with you.

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Paradigm Karaoke, The New Standard.......Shift Happens

This is very interesting - how would they go about auditing CB tracks or anybody else's for that matter. So if I understand this correctly, they would require you to produce all discs for all brands you have? Or what? What brands will they "certify" for you? Sweet Georgia Brown? Karaoke Kurrents? Top Hits Monthly? How would that work? This sounds more hilarious with every post. I'm sure the folks that have gone through the SC audit are feeling a little sheepish about now...

When settling a suit outside of court you can negotiate any kind of terms that the other party is willing to agree on (including deletion of certain content and an annual quota of leads for new suits).

While Soundchoice is publicly stating that the settlement agreement will include the deletion of all pirated tracks after an audit, I suspect that can be negotiated out with the cash purchase of a gem set. Since there will be a confidentiality clause it will be difficult to know the truth of any settlement, but I hope they stick to it and get results.

It would be very disappointing to find out that it's just a publicity move.

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KNOW THYSELF

I figured that out easily enough.

Diafel, why would I change my mind? What are you implying? I hate pirates and anyone who contributes to piracy.

Not the first time I've agreed with Chip. There's a history well documented!

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KingBing Entertainment C'mon Up! I have a song for you!!! [font=MS Sans Serif][/font]

When you say "piracy," what are you referring to specifically? Most people using that term would include in it the creation of counterfeit materials, which is certainly something that we are suing over.



What makes you think that we can "only control our own products"?

The most recent suit we filed included claims under § 43(a) of the Lanham Act for false designation of origin based upon the use of pirated copies of tracks belonging to other manufacturers, on the theory that the use of those pirated tracks damages SC by allowing pirate KJs to compete unfairly with SC's legitimate customers, which ultimately costs SC sales.