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JoeChartreuse
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Posted: Thu Jul 12, 2012 12:04 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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kjathena wrote: see a case taken all the way against a media-shifter because as soon as discovery happens and a "shifter" proves they have a 1-1 correspondence I think SC would drop the suit Still not getting it. If a shifter proves "1:1" and they are dropped, they also prove that SC initiated a suit against them with ABSOLUTELY NO EVIDENCE WHATSOEVER. Witch hunt. Word for the day is "Unethical"- and that's the nicest that I can think of.... I DO appreciate the fact that you italicized " think. more honest than many....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
Last edited by JoeChartreuse on Thu Jul 12, 2012 12:19 am, edited 1 time in total.
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JoeChartreuse
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Posted: Thu Jul 12, 2012 12:08 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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kjathena wrote: Paradigm...you are correct...these are thieves pure and simple. There are some who were betting that SC would never take a case all the way. Now that has been done.Athena You have not supplied a link, but it's sounding like SC caught someone distributing stolen tracks. If that's the case, then SC has not taken their Trademark Infringement case through the courts yet, which would mean that it HASN'T "been done" yet. Certainly not in Las Vegas.......
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Thu Jul 12, 2012 12:15 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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HarringtonLaw wrote: Lone Wolf wrote: Why should they have to pay for that.
Why should SC pay for a KJ to comply with SC's policies for media-shifting? . No court has shown that it's NECCESARY to comply with what's left of SC's policies. That being said, why should a compliant KJ DONATE billable time to a company for no proveable reason except to avoid harrassment? Oh, don't get me wrong. In my neck of the woods there are plenty of businesses that pay people off to avoid harrassment- but that doesn't make it right or ethical....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Cueball
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Posted: Thu Jul 12, 2012 1:32 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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kjathena wrote: see a case taken all the way against a media-shifter because as soon as discovery happens and a "shifter" proves they have a 1-1 correspondence I think SC would drop the suit JoeChartreuse wrote: Still not getting it. If a shifter proves "1:1" and they are dropped, they also prove that SC initiated a suit against them with ABSOLUTELY NO EVIDENCE WHATSOEVER. Witch hunt. Word for the day is "Unethical"- and that's the nicest that I can think of.... Joe, I think what you are really looking for, is for the accused KJ to have a Counter-Suit against SC, AND for THAT CASE to successfully go through the full judicial process of being heard by a Judge, and a Ruling being made. Maybe the KJ will win the case, and maybe he/she won't. And, if the KJ does win, what is he/she going to win? What are the damages the he/she is now going to have to prove? Do you think this is going to be a $1,000,000.00 plus lawsuit? Are there any KJs you know of who have the funds just laying around for all those Lawyer's fees this will cost?... Not to mention the time.... After all, it took SC (2?) (3?) years to get this far in the Courts.
Last edited by Cueball on Thu Jul 12, 2012 1:56 am, edited 1 time in total.
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Cueball
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Posted: Thu Jul 12, 2012 1:49 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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kjathena wrote: Paradigm...you are correct...these are thieves pure and simple. There are some who were betting that SC would never take a case all the way. Now that has been done.Athena JoeChartreuse wrote: I can't pick up the details here. Are these folks also accused of distributing stolen material and/or using stolen material in multiple locations? JoeChartreuse wrote: You have not supplied a link, but it's sounding like SC caught someone distributing stolen tracks. If that's the case, then SC has not taken their Trademark Infringement case through the courts yet, which would mean that it HASN'T "been done" yet. Certainly not in Las Vegas....... Read about 2 posts before the quote you just used... KJathena just did not put HL's statement in a quote.... and, she took HL's quote from a response he had made to you (which happen to be 3 more posts before that).
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birdofsong
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Posted: Thu Jul 12, 2012 2:28 am |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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HarringtonLaw wrote: earthling12357 wrote: HarringtonLaw wrote: Why should SC pay for a KJ to comply with SC's policies for media-shifting?
Perhaps because the "policies" were not in place at the time of the sale of said media. You're right--the policy did change. The old policy was "don't copy at all." Now the policy is "we will allow you to copy if you follow these rules." I don't see how that helps you. The problem with your theory about what makes this ridiculous is that the original conditions--which have been printed on every disc made from the very beginning--were that NO COPYING was allowed. If you don't like the new conditions, we are more than happy to operate under the conditions as they existed when the product was purchased A convenient statement, but patently false. I think it's interesting how you keep rewriting history. http://dkusa.com/images/kslep.jpgYes, I'd like to go back to the original conditions. You know...where honest KJs weren't being sued for using a back-up copy (without any limitations on form, I might add). I think I'd like that very much.
_________________ Birdofsong
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Smoothedge69
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Posted: Thu Jul 12, 2012 2:39 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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birdofsong wrote: HarringtonLaw wrote: earthling12357 wrote: HarringtonLaw wrote: Why should SC pay for a KJ to comply with SC's policies for media-shifting?
Perhaps because the "policies" were not in place at the time of the sale of said media. You're right--the policy did change. The old policy was "don't copy at all." Now the policy is "we will allow you to copy if you follow these rules." I don't see how that helps you. The problem with your theory about what makes this ridiculous is that the original conditions--which have been printed on every disc made from the very beginning--were that NO COPYING was allowed. If you don't like the new conditions, we are more than happy to operate under the conditions as they existed when the product was purchased A convenient statement, but totally false. I think it's interesting how you keep rewriting history. http://dkusa.com/images/kslep.jpgYes, I'd like to go back to the original conditions. You know...where honest KJs weren't being sued for using a back-up copy (without any limitations on form, I might add). I think I'd like that very much. It was stated that the back-up copy was a disc. So what is the difference between copying onto a disc or copying onto a computer? It's still a copy, making it a "counterfeit".
_________________ I am the ONLY SANE 1 HERE
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kjathena
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Posted: Thu Jul 12, 2012 2:49 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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Birdofsong,
you are missing a big point
The manufactures own the rights.....the discs say NO COPIES...at one time they may have said an archive was allowed.....things changed and they changed their mind....PERIOD. Now if you wish to media shift you must abide by the rules.
BTW the quote you keep posting had to do with making archive copies ON DISC as the technology changed the rules changed.
or you can do as you have and leave your discs to rot in the garage...that is another valid option.
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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Smoothedge69
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Posted: Thu Jul 12, 2012 2:54 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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kjathena wrote: Birdofsong,
you are missing a big point
The manufactures own the rights.....the discs say NO COPIES...at one time they may have said an archive was allowed.....things changed and they changed their mind....PERIOD. Now if you wish to media shift you must abide by the rules.
BTW the quote you keep posting had to do with making archive copies ON DISC as the technology changed the rules changed.
or you can do as you have and leave your discs to rot in the garage...that is another valid option.
Athena Athena, horns in.
_________________ I am the ONLY SANE 1 HERE
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Paradigm Karaoke
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Posted: Thu Jul 12, 2012 3:11 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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the discs also say not for public performance, so now to be able to use them in a show you must pay a fee. that wasnt stated, but they can change their minds at any time.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Smoothedge69
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Posted: Thu Jul 12, 2012 3:14 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Paradigm Karaoke wrote: the discs also say not for public performance, so now to be able to use them in a show you must pay a fee. that wasnt stated, but they can change their minds at any time. Would you pay it? I wouldn't.
_________________ I am the ONLY SANE 1 HERE
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Second City Song
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Posted: Thu Jul 12, 2012 3:32 am |
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Senior Poster |
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Joined: Tue Oct 11, 2011 3:00 am Posts: 192 Location: Illinois Been Liked: 16 times
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JoeChartreuse wrote: kjathena wrote: Paradigm...you are correct...these are thieves pure and simple. There are some who were betting that SC would never take a case all the way. Now that has been done.Athena You have not supplied a link, but it's sounding like SC caught someone distributing stolen tracks. If that's the case, then SC has not taken their Trademark Infringement case through the courts yet, which would mean that it HASN'T "been done" yet. Certainly not in Las Vegas....... This is what Harrington posted on Page 3 of this very thread. You may have missed it. HarringtonLaw wrote: By the way, on Tuesday we concluded a trial in the Northern District of Florida, in which two of the defendants (both venues who own their own karaoke systems) who were proven to be in possession of and using 80 discs' worth of SC karaoke tracks for which they owned and possessed NO DISCS WHATSOEVER. I believe that constitutes piracy by any reasonable definition of the term. It's a bench trial; trial briefs and proposed findings and conclusions are due on Friday.
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kjathena
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Posted: Thu Jul 12, 2012 3:53 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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Smoothedge69 wrote: kjathena wrote: Birdofsong,
you are missing a big point
The manufactures own the rights.....the discs say NO COPIES...at one time they may have said an archive was allowed.....things changed and they changed their mind....PERIOD. Now if you wish to media shift you must abide by the rules.
BTW the quote you keep posting had to do with making archive copies ON DISC as the technology changed the rules changed.
or you can do as you have and leave your discs to rot in the garage...that is another valid option.
Athena Athena, horns in. Horns are in Smoothedge69...I just get frustrated when people repeat things over and over that have been debunked just because they dont like the facts
_________________ "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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Lone Wolf
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Posted: Thu Jul 12, 2012 4:34 am |
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Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
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What will everyone do in a few year if SC changes it's mind again and says "NO REPRODUCTION PERIOD", thus meaning anyone playing SC from anything other than a disc is illegal?
Will everyone go back to playing discs, drop SC, or be fed up with it enough to quit altogether?
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
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Smoothedge69
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Posted: Thu Jul 12, 2012 4:39 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Lone Wolf wrote: What will everyone do in a few year if SC changes it's mind again and says "NO REPRODUCTION PERIOD", thus meaning anyone playing SC from anything other than a disc is illegal?
Will everyone go back to playing discs, drop SC, or be fed up with it enough to quit altogether? Probably just drop SC altogether.
_________________ I am the ONLY SANE 1 HERE
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kjathena
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Posted: Thu Jul 12, 2012 4:43 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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I could go back to playing from disc no problem.
You know if SC was really just out money grubbing that would be the best way to push the issue...I dont think they will go to that extreme unless the current battle was lost....then who knows.
SC and PR are both onboard...and rumor has it more as well
Would you drop SC CB and whomever else joins? go back to disc? or Quit?
_________________ "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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Smoothedge69
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Posted: Thu Jul 12, 2012 4:51 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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kjathena wrote: I could go back to playing from disc no problem.
You know if SC was really just out money grubbing that would be the best way to push the issue...I dont think they will go to that extreme unless the current battle was lost....then who knows.
SC and PR are both onboard...and rumor has it more as well
Would you drop SC CB and whomever else joins? go back to disc? or Quit? I wouldn't because I am not certified. But if I were to get certified, meaning I could use their music on computer, then they came along and reversed it I would then drop them like a hot potato. That would be a total betrayal. Making people pay to get certified, go through the audits, then making you go back to disc? No way. That wouldn't fly. Not with me, at least. Vendors have a responsibility to be consistent and honest with their customers. If they turned around and made everyone they certified go back to disc, how would that look? Now, if they refunded your money for the audits, then ok, but if they were to keep the money and force KJs back to disc, I think they would be done.
_________________ I am the ONLY SANE 1 HERE
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N Kaminsky
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Posted: Thu Jul 12, 2012 6:20 am |
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Joined: Mon Apr 16, 2012 12:44 pm Posts: 3 Been Liked: 2 times
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JoeChartreuse wrote "as far as the SC suits go- no one is even ACCUSING anyone of stealing anything. They are just targeting media-shifters- you know,- their CUSTOMERS in many cases"
I disagree that they are "just targeting media-shifters". To media-shift, you would first have to have the original media to shift from. And if you have the original media, then it is most likely you would be 1:1. SC has made it very clear that if a KJ is verified 1:1 compliant, then they are OK with that.
So it is not the media-shifters SC is targeting, it is those using shifted media in their business without having the original media as 1:1
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N Kaminsky
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Posted: Thu Jul 12, 2012 6:45 am |
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Joined: Mon Apr 16, 2012 12:44 pm Posts: 3 Been Liked: 2 times
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JoeChartreuse wrote " If a shifter proves "1:1" and they are dropped, they also prove that SC initiated a suit against them with ABSOLUTELY NO EVIDENCE WHATSOEVER. Witch hunt. Word for the day is "Unethical"- and that's the nicest that I can think of...."
Except for the EVIDENCE that SC has that a KJ is operating a business using copies of their product which display the SC trademark. It seems to me it is more "Unethical" for a person to perform a prohibited action (see label of SC original media) in total disregard to others rights in order to make it more convenient to run their business.
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