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gd123
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Posted: Thu Feb 16, 2012 11:52 am |
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Joined: Mon Apr 18, 2011 4:51 am Posts: 148 Been Liked: 17 times
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I don't care what you say, a KJ is not engaging in COMMERCE...and the more you say they do...the more I'll say they don't.
The Singer and the Venue ONLY have DIRECT access to a KJs DATABASE. The KJ is the ONLY one who has DIRECT access to the TRACKS.
Yes, anyone can be sued for anything. The reason the car companies won't sue is because of the fallout from negative publicity. Negative publicity can't hurt SC's future sales as they no longer make music.
Challenges will be swiftly met to any lawsuit using the courts to pursue a fishing expedition. Therefore, the case will proceed to its logical conclusion...including the Counter-suit.
TM or IP...it really doesn't matter. SC got their money from the initial sale and they are not losing any money from any KJ using media-shifted Tracks (1:1). There is NO DAMAGE to SC.
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DannyG2006
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Posted: Thu Feb 16, 2012 1:07 pm |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5405 Location: Watebrury, CT Been Liked: 407 times
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gd123 wrote: I don't care what you say, a KJ is not engaging in COMMERCE...and the more you say they do...the more I'll say they don't.
The Singer and the Venue ONLY have DIRECT access to a KJs DATABASE. The KJ is the ONLY one who has DIRECT access to the TRACKS.
Yes, anyone can be sued for anything. The reason the car companies won't sue is because of the fallout from negative publicity. Negative publicity can't hurt SC's future sales as they no longer make music.
Challenges will be swiftly met to any lawsuit using the courts to pursue a fishing expedition. Therefore, the case will proceed to its logical conclusion...including the Counter-suit.
TM or IP...it really doesn't matter. SC got their money from the initial sale and they are not losing any money from any KJ using media-shifted Tracks (1:1). There is NO DAMAGE to SC. Which is why they are offering an early discovery via an audit to prove the person being sued isn't just stealing their product. The only ones they are taking all the way to court are the ones too stupid to realize this and those who actually stole from them. They offer settlements to those who don't show disrespect to them after the offer of an audit. They are really after the pirates not the media shifters. But to tell the difference they needed an audit process to do so.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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thewraith
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Posted: Fri Feb 17, 2012 4:34 am |
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Joined: Wed Feb 01, 2012 7:03 am Posts: 133 Location: Boston Mass Been Liked: 0 time
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then Danny they need to cough up the cash and pay for the audit, NOT THE KJ. they are making more in lawsuits than when they made music. You Blind bro? Seriously, This entire lawsuit topic is about No due process or evidence. Water mark the dam music, and track it. Solved. Hire real investigators pay whatever it takes if you want to capture the F-n pirates. Question, Why doesnt soundchoice go after all the ebay and Craigslist HD sellers? It drives me nutz to see it and I flag, But even with a name and phone number listed they dont ever seem bothered by SC or CB of the FEDS. Case in point this is all BS. Chartbuster with the drives/ Mp3+g has I D marks somewhere I'm sure
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thewraith
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Posted: Fri Feb 17, 2012 6:07 am |
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Joined: Wed Feb 01, 2012 7:03 am Posts: 133 Location: Boston Mass Been Liked: 0 time
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about time, i read that post, I can post at least 8 ads in 5 min selling karaoke drives on CL most with phone numbers
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c. staley
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Posted: Fri Feb 17, 2012 6:47 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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Second City Song wrote: thewraith wrote: Why doesnt soundchoice go after all the ebay and Craigslist HD sellers? They do, and here is one that is supposed to pay a lot. http://docs.justia.com/cases/federal/di ... 1323444344Fat chance they'll ever collect anything... This was "created" to keep people thinking they're doing something.... It's more propaganda is what it really appears to be. If it were true, they'd quicky stop suing individual KJ's for 8k and go for these at 1,600,000.00 EACH.... don't you think? I put this squarely in the category of "publicity stunt" because they knew from the beginning they'd never collect this kind of money so why even bother pursuing it? Haven't you noticed that all the "little settlements" are neatly "kept secret" and this HUGE one is "advertised?" Think whatever you like but for my money, I'm betting it might as well be a fake.
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jdmeister
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Posted: Sat Feb 18, 2012 9:11 am |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7708 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1090 times
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Please stay on topic..
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c. staley
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Posted: Sat Feb 18, 2012 9:31 am |
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Extreme Poster |
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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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In any case, I can certainly hope that this declaratory judgment request makes all the way to a logical conclusion - whatever that will be - and is not "short circuited" by any backroom "deals/settlements" to go away.
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JoeChartreuse
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Posted: Sun Feb 19, 2012 10:25 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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HarringtonLaw wrote: JoeChartreuse wrote: HarringtonLaw wrote: birdofsong wrote: A back-up copy was authorized. By Kurt and Derek Slep. Maybe you missed the post, above. A back-up copy to compact discs, not to a hard drive. Well, I'm glad that at least the disc part is agreed upon.... At the time. That is no longer the policy, as you well know. Best of luck in court with that. SC neither makes, nor has the authority to cha.ge the law, as YOU well know. Non-media shifted backups for single site use have been established and unquestioned since the software wars of the 90s. Software, music, movies, karaoke, etc. Media to media backups are fine for the use intended- replacing legally pur hased product rendered no longer useable. The ONLY reason I use originals in the show is that they look professional on the table. I could use all backups and there is nothing a
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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timberlea
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Posted: Sun Feb 19, 2012 10:51 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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gd, a host is getting paid, they are engaged in commerce no matter what you say. In fact there are many out there who are incorporated companies. That defence would not fly in a court.
What damages? First thing that comes to mind is that products will wear out and need replacement (not necessarily an exact replacement), so they would lose money on that. Unless you can show otherwise, I do not believe there was a lifetime guarantee on the product.
You may not like it, but that's life, the good, the bad, and the ugly.
_________________ You can be strange but not a stranger
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Paradigm Karaoke
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Posted: Mon Feb 20, 2012 2:09 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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i see your point on this, but how can i say that i will lose the money you will have to pay to replace something i no longer make?
if the manu does not make it anymore, they can not sell it to me and therefore can not belosing money.
actually......they WOULD lose money the other way. when it wears out and i have to replace it, i will have to buy from the competition, and advertise their company name on screen. how much influence does what name pops up on the screen have on the brand of disc singers at large look for?
so i see it the opposite way in this particular case. for a current manu, and current disc perhaps you may be right there.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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timberlea
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Posted: Mon Feb 20, 2012 6:51 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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So what. If my VW dies, I may go to a Hyundai. If My IBM dies, I may go to Apple. I doubt any of those companies would want me to be able to exactly reproduce their products for next to nothing.
_________________ You can be strange but not a stranger
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c. staley
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Posted: Mon Feb 20, 2012 7:19 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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timberlea wrote: So what. If my VW dies, I may go to a Hyundai. If My IBM dies, I may go to Apple. I doubt any of those companies would want me to be able to exactly reproduce their products for next to nothing. So I suppose you've never used (or will use) a copy machine at a library or otherwise? yeah, sure....
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Second City Song
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Posted: Mon Feb 20, 2012 10:16 am |
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Joined: Tue Oct 11, 2011 3:00 am Posts: 192 Location: Illinois Been Liked: 16 times
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c. staley wrote: timberlea wrote: So what. If my VW dies, I may go to a Hyundai. If My IBM dies, I may go to Apple. I doubt any of those companies would want me to be able to exactly reproduce their products for next to nothing. So I suppose you've never used (or will use) a copy machine at a library or otherwise? yeah, sure.... But would you use a copy machine to make copies of copyrighted text or graphics to make money without the permission of the original holders? http://copyright.columbia.edu/copyright ... equipment/
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timberlea
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Posted: Mon Feb 20, 2012 10:49 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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Second, it's just another Chip twist. But then again from reading one of his other posts, he thinks he is Jesus.
_________________ You can be strange but not a stranger
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kjathena
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Posted: Mon Feb 20, 2012 12:04 pm |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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that is a blasphemous thought Timberlea
_________________ "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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Paradigm Karaoke
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Posted: Mon Feb 20, 2012 1:57 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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rediculous.......... Jesus had a beard.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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birdofsong
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Posted: Mon Feb 20, 2012 3:14 pm |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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timberlea wrote: Second, it's just another Chip twist. But then again from reading one of his other posts, he thinks he is Jesus. Silly. If he was Jesus, he could heal the leprosy that has infected this business. Sadly, he cannot.
_________________ Birdofsong
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leopard lizard
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Posted: Fri Jul 06, 2012 12:18 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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