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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 10:38 am 
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Lonman wrote:
You mean COPIED trademarked logo! I'm sure they have absolutely no problem if it was on an authentic piece! I'm sure they would have a big problem if it was something you made & resembled something they made and slapped their logo on it.


No I meant what I said, their trademarked logo that they fixed to a piece of equipment you purchased.

Of course I'm talking hypothetically here, but as a rights owner to their Trademark could they not say you can't their product in anyway that displays their logo to the public in a commercial setting without written permission, proof of purchase? Oh and in order for them to provide this program it will cost them money, so that'll be $150 please to off set the cost of keeping tabs on who has and who hasn't complied with their new policy?

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 10:43 am 
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chrisavis wrote:
hiteck wrote:
Tell me again why the audit costs $125? If it's for the banner, t-shirt, other marketing materials and listing on the website I can do without those items.


Time is not free. And before you flip it claiming that your time isn't free either, consider that for the person audited, it is a one time occurence. You may give up a couple of hours and then you are done with it.Those doing the auditing are repeating the process over and over and have to continually dedicate resources to it. There is a cost associated with that.

-Chris


Chris I understand time is not free. I also understand that the banner, t-shirt and other marketing materials aren't free either nor do I think SC is just willing to give that stuff away. It's not cost effective to give away merchandise.

I've not ever asked to be paid for my time for an audit. I did however volunteer to take photos of everyone of my disks with whatever identifier SC would want affixed to it and compile a list of the tracks on those disks and provide them to SC. How much time would cost SC?

BTW isn't that basically the procedure for certified KJ's that increase their SC library size above the 2% tolerance that SC is aware of so that they can maintain their certification?

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 10:58 am 
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chrisavis wrote:
hiteck wrote:
Tell me again why the audit costs $125? If it's for the banner, t-shirt, other marketing materials and listing on the website I can do without those items.


Time is not free. And before you flip it claiming that your time isn't free either, consider that for the person audited, it is a one time occurence. You may give up a couple of hours and then you are done with it.Those doing the auditing are repeating the process over and over and have to continually dedicate resources to it. There is a cost associated with that.

-Chris

First, it's not a one time occurrence. Second, it's not the KJ who is benefiting from an audit but instead are being charged for doing something they should be allowed to do in the first place. I don't care how you spin it SC is trying to use ALL KJs for their own benefit at the KJs expense.


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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 11:09 am 
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hiteck wrote:
Of course I'm talking hypothetically here, but as a rights owner to their Trademark could they not say you can't their product in anyway that displays their logo to the public in a commercial setting without written permission, proof of purchase?


No, they couldn't, unless that was a term contractually imposed on you at the time of purchase. Absent that, you can always display the authentic thing that you purchased.

The problem is that a media-shifting KJ isn't displaying the authentic thing he purchased. He's displaying a copy that he made (or had made by someone else). And the copy has the trademark attached to it. That's a problem.

As I have said repeatedly, we have absolutely no problem with someone who plays from original discs.

hiteck wrote:
Oh and in order for them to provide this program it will cost them money, so that'll be $150 please to off set the cost of keeping tabs on who has and who hasn't complied with their new policy?


It's not a "new" policy in any substantial sense.

The "old" policy was that media-shifting was forbidden.

The "new" policy is that media-shifting will be permitted/tolerated if you adhere to certain conditions. One of those conditions is an audit, and the audit costs money because it requires time.


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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 11:16 am 
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hiteck wrote:
Lonman wrote:
You mean COPIED trademarked logo! I'm sure they have absolutely no problem if it was on an authentic piece! I'm sure they would have a big problem if it was something you made & resembled something they made and slapped their logo on it.


No I meant what I said, their trademarked logo that they fixed to a piece of equipment you purchased.

Of course I'm talking hypothetically here, but as a rights owner to their Trademark could they not say you can't their product in anyway that displays their logo to the public in a commercial setting without written permission, proof of purchase? Oh and in order for them to provide this program it will cost them money, so that'll be $150 please to off set the cost of keeping tabs on who has and who hasn't complied with their new policy?

Yeah, but you and I KNOW that situation would NEVER happen on any original piece so the point is moot! The SC scenerio is in regards to copied (shifted) from original format to computer (or downright piracy where no original media is involved). Not in regards to using the original media.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 11:22 am 
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wiseguy53 wrote:
chrisavis wrote:
hiteck wrote:
Tell me again why the audit costs $125? If it's for the banner, t-shirt, other marketing materials and listing on the website I can do without those items.


Time is not free. And before you flip it claiming that your time isn't free either, consider that for the person audited, it is a one time occurence. You may give up a couple of hours and then you are done with it.Those doing the auditing are repeating the process over and over and have to continually dedicate resources to it. There is a cost associated with that.

-Chris

First, it's not a one time occurrence. Second, it's not the KJ who is benefiting from an audit but instead are being charged for doing something they should be allowed to do in the first place. I don't care how you spin it SC is trying to use ALL KJs for their own benefit at the KJs expense.


What KJ's that have been audited the first time have been audited a second time? Not saying they don't exist, just that I have yet to hear of anyone mentioning they have been audited more than once.

-Chris

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 11:54 am 
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Lonman you've been hosting for what 16 years now? SC has been doing audits/certifications for almost 3 years now. If you don't mind me asking, why is it that you are just recently requesting your audit? Wasn't there issues with the audits you weren't comfortable with?

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:02 pm 
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kjathena wrote:
so Lone Wolf le'ts say someone was concerned that what you are saying may be true......wouldn"t that be all the more reason to stay legal by either 1. Getting certified before being named 2. Using original manufactures disc's or 3. not using any of the questionalable trademarked tracks?

Just askin'

Blessings
Athena


Given the 3 choices I'll take #2
Just wondering what they would do if I were using this?

http://store.sony.com/webapp/wcs/stores ... =DVPCX995V

They would never see a disc.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:07 pm 
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hiteck wrote:
Lonman you've been hosting for what 16 years now? SC has been doing audits/certifications for almost 3 years now. If you don't mind me asking, why is it that you are just recently requesting your audit? Wasn't there issues with the audits you weren't comfortable with?

20 years.
I did not want to have to put a physical scratch in the disc ring. That leads to break down & weakens the plastic at that point which could cause cracks in the disc. When I found out they went to a ultraviolet stamp method, I immediately contacted them! CB was going to be next, but figured i'd get my larger collection out of the way first. Hopefully Digitrax will have some kind of method as well for the CB tracks.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:28 pm 
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Lonman wrote:
hiteck wrote:
Lonman you've been hosting for what 16 years now? SC has been doing audits/certifications for almost 3 years now. If you don't mind me asking, why is it that you are just recently requesting your audit? Wasn't there issues with the audits you weren't comfortable with?

20 years.
I did not want to have to put a physical scratch in the disc ring. That leads to break down & weakens the plastic at that point which could cause cracks in the disc. When I found out they went to a ultraviolet stamp method, I immediately contacted them! CB was going to be next, but figured i'd get my larger collection out of the way first. Hopefully Digitrax will have some kind of method as well for the CB tracks.


This, by the way, is one of the reasons I dragged my feet on Sound Choice as well. Once I confirmed the UV stamping, I made arrangements.

-Chris

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:34 pm 
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Lonman wrote:
hiteck wrote:
Lonman you've been hosting for what 16 years now? SC has been doing audits/certifications for almost 3 years now. If you don't mind me asking, why is it that you are just recently requesting your audit? Wasn't there issues with the audits you weren't comfortable with?

20 years.
I did not want to have to put a physical scratch in the disc ring. That leads to break down & weakens the plastic at that point which could cause cracks in the disc. When I found out they went to a ultraviolet stamp method, I immediately contacted them! CB was going to be next, but figured i'd get my larger collection out of the way first. Hopefully Digitrax will have some kind of method as well for the CB tracks.


Sorry my mistake on the years hosting.

So since SC's announcement of requiring an audit for media shifting, you've been playing SC tracks from original SC media only? You don't have to answer that.


The one time $125 really isn't that big of a deal.

My current hangup, even though is a different reason, isn't much different than yours was. Once that was changed you volunteered for the audit.

There is one particular aspect of the CNS (access to accounting records) I don't agree they need access to and is the only reason I'm not jumping on board. According to Harrington its more for identifying muli-riggers. If I'm volunteering for an audit and providing my contact information, business name, etc... do you really think I'd take a chance on multi-rigging? I'm not even a technical infringer!

In regards to the accounting records, what I may charge for a show, how much I may spend on advertising, equipment, etc.. really isn't any business of a vendor.

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Last edited by hiteck on Thu May 10, 2012 12:36 pm, edited 1 time in total.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:35 pm 
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Lone Wolf wrote:
kjathena wrote:
so Lone Wolf le'ts say someone was concerned that what you are saying may be true......wouldn"t that be all the more reason to stay legal by either 1. Getting certified before being named 2. Using original manufactures disc's or 3. not using any of the questionalable trademarked tracks?

Just askin'

Blessings
Athena


Given the 3 choices I'll take #2
Just wondering what they would do if I were using this?

http://store.sony.com/webapp/wcs/stores ... =DVPCX995V

They would never see a disc.

I have a friend that uses one of those for her show, and it is LOADED with Sound Choice. But if an inspector were to come in, they would see NO discs, whatsoever.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:37 pm 
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HarringtonLaw wrote:
Smoothedge69 wrote:
That is a totally irrelevant situation. Police are GOVERNMENT officials. Sound Choice is a VENDOR. That is all they are. They peddle karaoke discs. It is the Government's JOB to make sure people are following the law. It is not a vendor's job to do that. Levi's doesn't come to people's houses to make sure people are wearing pants that fit. Ford doesn't come out to see if you stole your car. Sony doesn't make you get an audit on all your CDs to play them in a club, neither does the RIAA.


You've given three examples of ways that companies DON'T enforce intellectual property rights by inspecting their customers.

Would you mind if I gave three examples of ways that companies DO enforce intellectual property rights by inspecting their customers, and in fact take action against their customers when they exceed the scope of what has been paid for?

Have at it, James.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:40 pm 
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Smoothedge69 wrote:
Lone Wolf wrote:
kjathena wrote:
so Lone Wolf le'ts say someone was concerned that what you are saying may be true......wouldn"t that be all the more reason to stay legal by either 1. Getting certified before being named 2. Using original manufactures disc's or 3. not using any of the questionalable trademarked tracks?

Just askin'

Blessings
Athena


Given the 3 choices I'll take #2
Just wondering what they would do if I were using this?

http://store.sony.com/webapp/wcs/stores ... =DVPCX995V

They would never see a disc.

I have a friend that uses one of those for her show, and it is LOADED with Sound Choice. But if an inspector were to come in, they would see NO discs, whatsoever.



Gee I wasn't even sure it would read CDG's but thought it might being a DVD player.
So how's work for her?

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:41 pm 
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hiteck wrote:
Lonman wrote:
hiteck wrote:
Lonman you've been hosting for what 16 years now? SC has been doing audits/certifications for almost 3 years now. If you don't mind me asking, why is it that you are just recently requesting your audit? Wasn't there issues with the audits you weren't comfortable with?

20 years.
I did not want to have to put a physical scratch in the disc ring. That leads to break down & weakens the plastic at that point which could cause cracks in the disc. When I found out they went to a ultraviolet stamp method, I immediately contacted them! CB was going to be next, but figured i'd get my larger collection out of the way first. Hopefully Digitrax will have some kind of method as well for the CB tracks.


Sorry my mistake on the years hosting.

So since SC's announcement of requiring an audit for media shifting, you've been playing SC tracks from original SC media only? You don't have to answer that.


The one time $125 really isn't that big of a deal.

My current hangup, even though is a different reason, isn't much different than yours was. Once that was changed you volunteered for the audit.

There is one particular aspect of the CNS (access to accounting records) I don't agree they need access to and is the only reason I'm not jumping on board. According to Harrington its more for identifying muli-riggers. If I'm volunteering for an audit and providing my contact information, business name, etc... do you really think I'd take a chance on multi-rigging? I'm not even a technical infringer!

In regards to the accounting records, what I may charge for a show, how much I may spend on advertising, equipment, etc.. really isn't any business of a vendor.


...Agreed..


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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 12:58 pm 
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After watching this same argument resurface over and over, it is pretty clear that those that will certify and audit, will. Those against it, won't. I really see no point in trying to change the minds or opinions of the other side.

I personally don't care if any of those against certification ever change their mind about it. It is not my goal to change your mind anyway.

-Chris

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 1:05 pm 
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chrisavis wrote:
After watching this same argument resurface over and over, it is pretty clear that those that will certify and audit, will. Those against it, won't. I really see no point in trying to change the minds or opinions of the other side.

I personally don't care if any of those against certification ever change their mind about it. It is not my goal to change your mind anyway.

-Chris


You feel I don't have a valid point?

Benjamin Franklin wrote:
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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 1:06 pm 
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Smoothedge69 wrote:
Lone Wolf wrote:
kjathena wrote:
so Lone Wolf le'ts say someone was concerned that what you are saying may be true......wouldn"t that be all the more reason to stay legal by either 1. Getting certified before being named 2. Using original manufactures disc's or 3. not using any of the questionalable trademarked tracks?

Just askin'

Blessings
Athena


Given the 3 choices I'll take #2
Just wondering what they would do if I were using this?

http://store.sony.com/webapp/wcs/stores ... =DVPCX995V

They would never see a disc.

I have a friend that uses one of those for her show, and it is LOADED with Sound Choice. But if an inspector were to come in, they would see NO discs, whatsoever.


Really? Your friend uses one LOADED with Sound Choice CDGs?

The features listed on that SONY unit doesn't mention that it reads CDGs anywhere.

Did I miss this important information somewhere? It looks like a great unit. Is there another page that talks about it playing CDGs?


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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 1:07 pm 
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Quote:
Many banks will not make a Business Loan with someone that has been named in a Law Suit connected with doing business.


Utter horsepucky. If that were true than all the major manufacturers, service providers, etc would never get a loan. The only way this could be would be a small business who was successfully sued for an amount they couldn't afford or have gone bankrupt. If McDonald's, Ford, American Airlines, Microsoft All successfully sued for big bucks), ever went to Chase Manhatten Bank for a loan, do you really think they would be told no?

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 1:31 pm 
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hiteck wrote:
chrisavis wrote:
After watching this same argument resurface over and over, it is pretty clear that those that will certify and audit, will. Those against it, won't. I really see no point in trying to change the minds or opinions of the other side.

I personally don't care if any of those against certification ever change their mind about it. It is not my goal to change your mind anyway.

-Chris


You feel I don't have a valid point?

Benjamin Franklin wrote:
Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one.”


Actually.....No. I don't believe you have a valid point.

I decided to pull out my Covenant Not to Sue and review it along with all the rest of my Sound Choice audit info.

The only mention of anything related to Sound Choice having access to my "financial records" pertains only to proof of purchase of music. Specifically....

Paragraph 4, Section D. - Documents/Books. You should assemble for inspection all of your song lists/song books and receipts from disc purchases made within the last five years. Receipts for disc purchases may be verified against seller records to prevent falsification.

That's it.

They don't ask to know how much I make in a show.
They don't ask to know how much I pay my hosts.
They don't ask to know how much I spend on sound, lighting, props, or anything else.

They only ask for proof of purchase, which is more than reasonable considering how much is out there that is not paid for.

I suspect that is a bit of mud in the waters regarding those that volunteer for an audit vs those that were audited as part of a suit or settlement.

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