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awildnkrazykj
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Posted: Fri Dec 23, 2011 5:37 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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I have embarked on my 21st year as a karaoke host in the Orange County area. From the very first day I have operated my business in a professional and law abiding manner. I have purchased and maintained a stellar and totally legitimate library of cdg's, starting with the 1st run of DK 1-66 and waited and purchased every additional set up to DK-99, soon adding other brands such as JVC,Music Maestro,and yes SC. I was a devout and loyal customer to Sing Young Karaoke store, first in Garden Grove and eventually followed them to Fountain Valley, where they then sold to Singer's Choice. I have never used "copied" or illegally obtain karaoke tracks in my entire Karaoke career, especially to this date ! I proudly stand by my extensive collection of legally purchased CDG's and still to this day, operate the "Old School" way of running my shows with CDG players. I have and will "Always" be an outspoken opponent to Illegal karaoke shows and etc..aka, "Pirateers"... I have been ridiculed, taunted,and even been told that I am way behind the times because of my commitment to the "Old School" way. Many who truly know me will attest to my "integrity" and steadfast commitment to a professional attitude to a business I claim to be a part of. I have been visited by many "so-called" investigators and as always proudly display my large collection of legally purchased CDG's, even going as far as giving guided tour of my system. So one may ask, "what did I receive for being totally legit and outspoken opponent of Pirateers"? "I GOT SERVED WITH A SUMMONS TO APPEAR IN COURT" !!!A flipping knife in my back, thank you very much.... They didn't even have the decency to spell my name right... . Served on the day I buried my Aunt, nonetheless... What was even more Ironic, is that the "server" actually took the time out to see all my legitimate CDGs displayed on my table.....!!! Until now I never gave a hoot as to what was going on with the lawsuits, thinking they were ONLY targeting illegal KJ's etc.. Let me tell everyone, especially to those who have slandered or even thought of slandering my good name and reputation....I run a totally legitimate karaoke show and have never even "media shifted".....21 years plus and I still do it the old fashion way.... SIDENOTE: Kurt Slep, you still have time to do the right thing in my case, come visit me personally or have a "real" investigator come in NOT some idiot who was paid 150 dollars to take a stupid picture of a tv screen that had a SC logo on it......! FYI....I have more SC discs than any other.....I have a feeling that will change soon... To all my dear and felow KJ's that know me, especially from the old "JOLT" site....You know how legit I have andalways will be..... BTW my name is "NOT" "Rodney Burgess" it's "Rodney Burge" and I hide from no one..... God judges those who judges others... Peter Parker, Manny Pacheco and many others from Karaoke Scene have been to my shows, they know the truth.....nows the time for the truth to be told...
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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awildnkrazykj
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Posted: Fri Dec 23, 2011 5:48 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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Oh yeah, did I say they are suing me for 2 million dollars? Hmmm, here's where I'm at now. $150.00, consultation fee $350.00 researched fees $100.00 filing and associated fees $5,000.00 min retainer fee. $20,000.00 projected court costs. You don't think there's a scare tactic involved here? Why wasn't I afforded an audit like evryone else? Some doofus called me from APS, calling me by someone elses name, someone else email, etc....when I conversed with him , he said (quote) "..I can see by talking to you, that you're not the one we're going after"...he finished by by saying, "..can you furnish me with names of those who are"?.. End of story right? Apparently not... Sorry, I'm just getting more pissed off as I write...
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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Micky
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Posted: Fri Dec 23, 2011 5:58 am |
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Joined: Thu Jun 10, 2004 6:13 pm Posts: 1625 Location: Montreal, Canada Been Liked: 34 times
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Sir, you dont understand, they are inviting you in court so SC can thank you for been such an honest person and wanted the judge to be the witness Look, I don't know you so I can only assume you are telling the truth but if this is how it really happened, please banned this brand and share the news with others like you just did They are having way too much publicity for a company that has NO recognition for their loyal customers I don't know if their goal was to sue people so they can save the company but with action like this, they will die sooner than expected!!
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kjathena
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Posted: Fri Dec 23, 2011 6:04 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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awildnkrazykj, Did this just happen today ? and Have you called Sound Choice directly yet ? those are the first two questions that pop into my head. The # for SC is 800-788-4487 and if I remember correctly you can enter the letters of the last name to be connected to a persons extension. Breathe....Breathe
_________________ "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
Last edited by kjathena on Fri Dec 23, 2011 6:23 am, edited 1 time in total.
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awildnkrazykj
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Posted: Fri Dec 23, 2011 6:17 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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Thank You Micky, I was always taught to believe what is told until otherwise proven but it still requires a leap of faith... To this I applaud you for at least taking the time to respond. This owner of this particular site knows of my stand against piracy throughout my 21 plus years as a legitmate host and have visited and witnessed first hand of my use of Original CDG's. I fully understand if they choose not to enter into discussion or pubicly show their support but everyone who knows me, knows of my epicable character... As far as what SC or any of those afore mentioned, I don't know what their intentions are? I can see those who media shift, those who run burnt copies, etc. are to be proscecuted but what a big mistake to take one of their biggest ALLY and say, "hey we are suing you for 2 million dollars for simply playing Legally bought and "NON-Shifted" products.. Seems to me that this will do very big harm to not only their Reputation but also their lawsuits? Talk about calling the kettle black, what about all those SC discs that I have legally purchased through their fully sponsored Karaoke stores that turned out to be illegal themselves? Isn't that "Entrapment"? and what about their terminology, suing for "UNFAIR BUSINESS PRATICES"? All those big time scoundrels down here paid 6,000.00 plus dollars to settle, they got an entire SC library and a clean bill of health, "WITHOUT BUYING ONE LEGITIMATE CDG" and for an astronomical cheap price, I paid on an average 26.00 per cdgs!!!! Now they are flooding my area with multi shows !!! and now with me being named in this suit, they are having a blanket party in my behalf....! Where is my offer to buy music from SC at such a reduced cost?...
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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awildnkrazykj
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Posted: Fri Dec 23, 2011 6:24 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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Thanks KJATHENA, I am unsure if SC even cares if I call them... I went to my karaoke supplier and told him about what just happened, he was totally shocked, he said he would put a call to KURT personally, unknown if he did...can't blame him if he decided to stay away from the "Lepper"... I was told that the common reply from Kurt has been, "..I'm sorry but it's in my lawyers hand now"..... Other's that I know personally have called the Lawyers involved in our case here and she told them, "ok it's now 8,000.00 to settle", when they said "wait, we thought it was 6,000.00"?, she then said "now it's 12,000.00", when they responded with the normal response, "..WHAT.."?..she then said it was now "18,000.00"... and these are those who just wanted to settle so they didn't have to pay those lawyer fees I just mentioned.... That just forced them to get a lawyer... Who'd of thought that getting a Lawyer would be cheaper than settling in the outset?
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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kjathena
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Posted: Fri Dec 23, 2011 6:37 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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awildnkrazykj, I am search all of the California filings in RFC express and for some reason I am not finding your name listed. I would very much like to find the filing. Could you post the case # or if you would prefer PM it to me ? Also I offer my condolences of the loss of your Aunt....no one is ever gone until they are forgotten...may she live in your heart as long as it beats
Athena
_________________ "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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chrisavis
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Posted: Fri Dec 23, 2011 6:42 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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I am very sorry to hear that this has happened to you. It certainly gives me even more to think about regarding expanding my own operations. I already have plans to contact SC the first week of January to discuss a voluntary audit.
I have been seriously considering just moving to a completely disc based show in order to avoid ever having to worry about this kind of issue. With this posting I am beginning to wonder if that would even offord me any sanctuary.
Please keep us informed on what happens with this.
-Chris
_________________ -Chris
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kjathena
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Posted: Fri Dec 23, 2011 6:47 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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awildnkrazykj, I do know for a fact that the settlement cost does rapidly go up....I think it is even weekly. So if someone is going to settle it is in their best interest to do so in the time period given. One person here dallied and it ended up costing them over double the original offer plus the attorney fees he paid...that is why I strongly advise anyone who intends on fighting to get an IP attorney.
Things may be different with APS however....I seem to recall someone else saying they really play hardball, and if you wanted the easy way out just to call with credit card in hand and don't dispute anything or sound hostile or they raised the cost...can't remember who tho.
I have no reason to doubt that you are an "old school" disc based host and that you own all your disc, I tend to believe everyone until given a reason not to. What I am trying to figure out is how you got caught in the net ? do you use a computer to control lighting or anything ?
_________________ "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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awildnkrazykj
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Posted: Fri Dec 23, 2011 7:01 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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1st off, thank you two very much for your condolences for my aunt. I actually had 6 personal friends die within the last week or two...tough times.... (I hear you GOD)... To KJATHENA: #CV11-08305 Thay have me listed as "Rodney Burgess"...near the bottom of the list.. This case is to be tried in Calif. Central district court.. To Chrisavis: I would be very suspect of any dealings from here on in, why one may ask? Simple: I "WAS" one who thought I could never be accused of, much less, sued for Illegal karaoke !!! I have every single disc I display and use every night. I keep all my scratched discs, I even keep an empty sleeve where thieves have stolen a cdg from me too, as a reminder to be vigilant on who approaches my table. What I have gathered from people in the know as other sources, that Sc is NOT THE ONLY company out to recoup lost revenues, thus those who even settle with SC, still have to be auditied by other manu's... What I don't understand is: 1- Why do I have to pay to be audited? 2- Why do I have to scribed a mark on my personal cdg's? 3- Why do I have to join a "VETTED" organization? Seems like maybe the RICCO ACT may be in play here somehow? Forced to be extorted in joining or else be on a hitlist so to say? I do have say once again that I am fully "AGAINST ALL PIRATEERS" but maybe not so vocal anymore... I have an appointment with a very good lawyer well versed in Intellectual Property cases at the first of the year..... I keep everyone posted if I can but I am sure he's going to tell me to shut up.... .. I hearby apologize for any and all mispells or typos, I finished my show and by the time I finished breaking down all my equipment and loaded my truck, drove home, it has blurred my ability to converse in a professional manner...
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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kjathena
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Posted: Fri Dec 23, 2011 7:25 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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awildnkrazykj Thank you for the info and I am glad you are speaking with a proper Attorney, even though I do not see how you could have been caught in the net being disc based. Oh I just found the case it was filed 10/6/2011 ...you we not notified of anything before just now ?
As far as your other statements you are correct SC is not the only company preparing legal action but it is my understanding as a disc based host using Manu originals YOU do not have to pay for audits, mark your disc or join a vetted organization.....all of those are things a KJ that wishes the privilege of media-shifting and running a computerized show has to do.
My husband and Myself have been in business for 18 years we started out pre-CDG and still run out LD's we were caught in the net here in Florida but we avoided being included in further action by requesting a audit and proving 1-1 compliance....we had media shifted however.
I hope that this all unkinks for you quickly...sleep restfully and deeply
_________________ "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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awildnkrazykj
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Posted: Fri Dec 23, 2011 7:35 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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To KJATHENA: I do not know why myself, like I said, I was shocked to say the least... My immediate thought was why didn't they just ask me to show them my disc? Another thought was that there was another kj company who took over my gig when the place changed owners, when the new owners found out that they weren't legit, he fired them and hired me immediately. This could be why they mispelled my name....
I think sc should contact me to say the least and verify that I indeed only use cdgs at any of my shows !!!!
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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kjathena
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Posted: Fri Dec 23, 2011 7:57 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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awildnkrazykj,
It would be my suggestion to call sound choice directly. We called both Harrington (the Attorney handling cases in our area) and Sound Choice as soon as we were notified and we were treated with respect and the matter was quickly cleared up. I am amazed that you are just now being served on a suit filed in October. I would assume it is possible that the investigator was in during the period flux you describe.
Kurt is not the Ogre some here make him out to be, call him....it is the quickest way to resolve the issues if things are as you state. Remember with piracy being as bad as it is ....expecting to not catch the occasional dolphin in the tuna net is wishful thinking.
I understand you are angry....been there done that. HarringtonLaw is on vacation so he wont be here to see your posts.....Kurt wont come to the forums any longer he feels he is just wasting time and it frustrates him....make the call. If he's not in leave a message I'm sure he will get back with you
Bright Blessings Awildnkrazykj
_________________ "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: Fri Dec 23, 2011 8:10 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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My recommendation is to give SC the very same consideration that they have extended you and talk to your attorney about a COUNTERSUIT. From what you've described here, they will have a hard time getting out of it if you have to spend a dime to have an attorney make an appearance in court. (this does not mean physically stand in the courtroom, it means telling the court that you are represented and by whom.) It is apparent that SC doesn't care who you are, or how you operate: If you use their product -- they will sue you. Mr. HarringtonLaw: Wanna tell us again how much you "improved your secret investigative techniques?" These are trademark trolls and nothing short of that. I would not call SC, or Harrington. I'd let my ATTORNEY do that and make it just as clear to the rest of the world what SC has done - they've smeared your name by suing you in federal court. I would also NOT agree to any kind of "confidentiality agreement" at all. They sued you, too bad for them. This is even worse than McLeods..... Athena is frantically trying to save SC's face as much as possible by giving him legal advice to contact them directly. I believe that would be a mistake and I would strongly recommend NOT doing that. It's best to have your attorney do so. The bad part is now some "certified" KJ in his area -that paid far less for his shifted music - can take a copy of the complaint showing Rodney's name and that he's been sued for piracy - and go to gigs and show that to the owner(s) to have him booted. It won't matter if it he runs discs, or gets dropped from the suit by that point. Lovely. Nice work Sound Choice - Great job Harrington - Super investigative work APS! Now the world can see why (for us) it was simply BETTER, SAFER, AND FREE to simply drop the brand entirely. No lawsuit, no attorney, no retainers, no name-smearing - nothing. Rodney's case is a perfect example of why. I'm sorry this happened to you Rodney.... Watch them drop the suit like a hot potato and not even give you an apology. (I wouldn't let them off the hook that easily - but that's just me.)
Last edited by c. staley on Fri Dec 23, 2011 8:48 am, edited 1 time in total.
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awildnkrazykj
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Posted: Fri Dec 23, 2011 8:48 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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Hello Chip.... Good to see a familiar face in here! Hope all is well with you. It's so crazy, why in the heck is going on I wonder? I saw last year, an ad on Craigslist, asking for people who have a digital camera and would go to shows and take pictures for, I think it was $150,00 per night... I thought to myself, wow just as much as normal KJ's get per night. Then I thought, hmmm, this means some poor fool would have a un-qualified DOOFUS go to to their show and just take a picture of any SC logo that came up? Then low and behold, I had several come in and ask the stupidest questions ever like, How much does it cost for karaoke? Can I buy a karaoke disc from you? Can you help me set up a karaoke company using computers? First thought was to tell this fool to stop the Tom Foolery and just get to stepping, then I thought, why not show him all my CDG's, my set up and etc....? Well even after doing this, he waited until I went to the restroom and preceeded to ask my friend who actually loads the discs for me so I can Emcee freely, the exact same thing he asked me...My friend stated to him, "we only use original CDG's here"...so the eprson took a picture of my rig and left... What he doesn't know is my friend who helps me is a sargent in the local police dept !!! He as well as my owners, as well as my suppliers are all willing to not only sign affidavits but appear in court with me too !!!!!!!! I think it would be in the best interest that KURT contact me, I'm sure if he looked at the 21 years I've been in business and see's that I purchased all my cdg's legitimately, not only through other karaoke stores and outlets but also his company directly... some under my name most under the company name. He can also see that I bought through: 1-Sing Young -Mike and Kei 2-Karaoke.com 3-Laser D Karaoke - Sader (never knew how he spelled his name) 4-Ace Karaoke 5-Singer's Choice karaoke - Tim as well as other stores and classifieds as well as buying out fellow kj's libraries... In fact in addition to my satandard library I have a large volume of cdg's "Un-Opened" still !!! Hopefully my old friends come to my rescue/defense and petition Kurt to remove me from his lawsuit......
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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Micky
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Posted: Fri Dec 23, 2011 8:57 am |
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Joined: Thu Jun 10, 2004 6:13 pm Posts: 1625 Location: Montreal, Canada Been Liked: 34 times
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Love it Enough is enough [/quote]
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awildnkrazykj
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Posted: Fri Dec 23, 2011 9:05 am |
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Joined: Mon May 26, 2003 3:16 am Posts: 71 Location: Orange County Been Liked: 0 time
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.....funny disclaimer, I should do the same? Ironic thing is, I know of only 5 legit KJ's in the Orange County area and that includes ME !! They should go to my old gig in Santa Ana and sing off that totally illegal system....
_________________ Karaoke is supposed to be fun, if it isn't, then it's NOT KARAOKE.......
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c. staley
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Posted: Fri Dec 23, 2011 9:14 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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Glad to see you here too Rodney.... It's been forever. awildnkrazykj wrote: Hello Chip.... Hopefully my old friends come to my rescue/defense and petition Kurt to remove me from his lawsuit...... I wouldn't bother with that or even count on it... BTW, Athena is not your friend as much as she'd like to portray herself as - she's Sound Choice's and Harrington's friend. Consequently, she's advising you to contact them directly. They have an attorney against you for a reason, you should do the same. Talk to your attorney about the term; "malicious prosecution" and the options in a countersuit. I'd be surprised if they don't drop it and run like hell from you.... but I wouldn't let them - it would have to be costly for them. They have dropped the suits from other KJ's that are computer based when they've received only photographs of discs -- why they are punishing you this way simply shows that they are doing nothing but suing every single KJ that displays their logo - for some kind of settlement money. You are in a unique position that would allow you to force SC from doing this crap not only to you again, but to others who are legit. Grab 'em back by the short hairs....
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diafel
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Posted: Fri Dec 23, 2011 10:46 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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kjathena wrote: awildnkrazykj, I do know for a fact that the settlement cost does rapidly go up....I think it is even weekly. So if someone is going to settle it is in their best interest to do so in the time period given. One person here dallied and it ended up costing them over double the original offer plus the attorney fees he paid...that is why I strongly advise anyone who intends on fighting to get an IP attorney.
Really? He's LEGIT! He doesn't NEED to worry about settlement costs. kjathena wrote: What I am trying to figure out is how you got caught in the net ? kjathena wrote: awildnkrazykj Thank you for the info and I am glad you are speaking with a proper Attorney, even though I do not see how you could have been caught in the net being disc based. Really???Seriously??? They don't hire real investigators or do any investigating at all. What part of the "show a logo on the screen - file a lawsuit" methodology aren't you understanding? We've been trying to warn you and all the other SC cheerleaders of the dangers of SC's methodology for the last few years now, and all you've given us for our troubles is put us down, attack us personally, stalk us, and even call us pirates. This latest fiasco only underlines what we've been saying all along. kjathena wrote: awildnkrazykj,
It would be my suggestion to call sound choice directly. We called both Harrington (the Attorney handling cases in our area) and Sound Choice as soon as we were notified and we were treated with respect and the matter was quickly cleared up. May I remind you that you are NOT an attorney and as such, you need to be extremely cautious in giving legal advice and can even be SUED yourself because of it. Chip is right, awildnkrazykj. Athena is NOT your friend. In fact, she is a staunch SC ally and even HELPS them on their witch hunts. Please keep that in mind when reading her posts and considering taking any advice she gives you. Chip's advice is spot on. See an ATTORNEY before you do ANYTHING, including calling Kurt, SC, or any of their their lawyers. Remember that SC's lawyers work for SC, NOT YOU and they will do whatever it takes to get your money out of your pocket for their clients. I would also recommend asking your lawyer about a counter suit. Chip has valid points about the repercussions to you from being named in the suit. I have absolute faith that you would not only win, but you would perhaps save others from going through what's happening to you now. So sorry to hear about your recent losses. Please accept my condolences. For everyone else, here is yet another example of SC's shoddy and underhanded practices. How many do we never get to hear about because they don't find these forums? I'm willing to bet there's quite a few!
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c. staley
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Posted: Fri Dec 23, 2011 10:57 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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awildnkrazykj wrote: lol.....funny disclaimer, I should do the same? That's entirely up to you... that is a poster we have permanently up at our gigs. I've stopped using the product and am stuck with a bunch gathering dust in my garage. The suit against you is proof-positive that it wouldn't matter if I went back to using a player and discs with just their brand. awildnkrazykj wrote: Ironic thing is, I know of only 5 legit KJ's in the Orange County area and that includes ME !! Not according to their lawsuit... they're suing you in FEDERAL COURT for using COUNTERFEIT and PIRATED trademarks.... They really don't care (much) who you are and how much money you've spent on their products - they want more money. And Athena is basically telling you to lay down at their feet and beg them for mercy..... screw 'em...
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