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c. staley
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Posted: Mon Oct 08, 2012 11:04 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: Are you people really that dense? One wants a formula that doesn't and won't exist, another who thinks trademarks are basically worthless (ask any company the value of their TMs). Why do you think they protect their TMs rigorously and sue infringers? You can't even open a fast food place selling hamburgers and call it McDonald's, even if that is your name. Rigorously? Let's see, the first computer-based karaoke came out around 2002, and if I recall correctly, the first suits were in 2009? Yep, that's pretty rigorous.
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Lonman
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Posted: Mon Oct 08, 2012 11:05 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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I think he was talking about TM's in general, not just SC.
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Micky
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Posted: Mon Oct 08, 2012 11:17 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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BruceFan4Life wrote: Micky wrote: BruceFan4Life wrote: If I added the Sound Choice Logo to my homemade CD+G files and tried to sell them as Sound Choice tracks; that would be considered counterfeiting. Ripping Sound Choice tracks to my hard drive is not counterfeiting anything. It is a fair use of what I have already paid for. For home use maybe, but remember that you can't play their disk in public, so I'm assuming playing your ripped SC file from your hard drive in public would still be illegal And once again. All we see here are people's opinions of how they want it to be. I'm waiting for someone to post an opinion that winds up as law and signed by a judge. Until then, I and many others will continue to do things just as we have been doing for years. Opinion??? It's not an opinion, it says on the Sound Choice CD that UNAUTHORIZED DUPLICATION, PUBLIC PERFORMANCE OR BROADCAST IS A VIOLATION OF APPLICABLE LAWS I can assure you that it is NOT how I want it to be
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BruceFan4Life
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Posted: Mon Oct 08, 2012 11:27 am |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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HarringtonLaw wrote: BruceFan4Life wrote: If I added the Sound Choice Logo to my homemade CD+G files and tried to sell them as Sound Choice tracks; that would be considered counterfeiting. No, that's garden-variety trademark infringement. BruceFan4Life wrote: Ripping Sound Choice tracks to my hard drive is not counterfeiting anything. It is a fair use of what I have already paid for. It's not a fair use. Trademark fair use requires that you use no more of the mark than is necessary. You can play the tracks from the disc; therefore, it is not necessary that you make a copy of the contents in order to play them. For that reason, it cannot be a fair use--and that defense was rejected by the district court in Florida after our trial. Sound Choice said that it was okay to put your tracks on a a computer. THEY let the genie out of the bottle and now they're trying to get the genie back in the bottle. There will come a time when some other, more competent lawyer will get that decision overturned when more of the applicable facts are offered to the court. Rulings get overturned all of the time when more relevant facts come to light.
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JimHarrington
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Posted: Mon Oct 08, 2012 11:51 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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BruceFan4Life wrote: Sound Choice said that it was okay to put your tracks on a a computer. Nope. Never happened, and certainly not in the unrestricted manner you are suggesting.
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BruceFan4Life
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Posted: Mon Oct 08, 2012 1:23 pm |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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Then why are there so many karaoke hosts out there still using their laptops and refusing to play even a customer's original discs? Nothing on my original discs says that if I want to use them in a computer; I have to pay for the permission to do so.
For the purpose of this argument, why should a customer, who has only one Sound Choice disc, have to pay $150 to be audited? That would make the cost of that one disc $180. I see this business as nothing more than strong arm tactics to intimidate people into paying hush money to a company that can no longer compete in the business that they chose so they decide to shake down their customers to keep some money coming in.
That is why there a lots of shows now with 200,000 songs and not one Sound Choice song at all. Karaoke Life goes on and Sound Choice loses all of it's free advertising and whatever good will that they may have had at some point. No one sees the Sound Choice logo at the shows and goes home to check out if there is a web site for that company.
I've been to other shows where it seems like every song being displayed is a Sound Choice track and there is not a disc in sight. Why should I buy a Sound Choice disc if the local karaoke host will not or can not play it for me because they are afraid having a law suit filed against them? And Sound Choice thinks that piracy is the only reason that they're not selling as many discs as they used to.
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c. staley
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Posted: Mon Oct 08, 2012 1:26 pm |
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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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HarringtonLaw wrote: BruceFan4Life wrote: Sound Choice said that it was okay to put your tracks on a a computer. Nope. Never happened, and certainly not in the unrestricted manner you are suggesting. It was never actually confined to the limitations of a compact disc either.... it was referred to as "a copy" to use while your original disc was archived. And "a copy" is "a copy" whether it's on a disc, hard drive, flashdrive, DVD or even videotape. The only change to that policy happened almost 10 years later when they decided they could make money off their previous policy by simply changing it.
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JimHarrington
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Posted: Tue Oct 09, 2012 5:44 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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BruceFan4Life wrote: Then why are there so many karaoke hosts out there still using their laptops and refusing to play even a customer's original discs? Nothing on my original discs says that if I want to use them in a computer; I have to pay for the permission to do so. You can use your discs "in a computer" without any special permission. If you want to make a copy to a computer, you need permission. BruceFan4Life wrote: For the purpose of this argument, why should a customer, who has only one Sound Choice disc, have to pay $150 to be audited? That would make the cost of that one disc $180.
A customer who has only one SC disc would in all likelihood be audited at no charge. We have always applied rules of reason to the auditing process. BruceFan4Life wrote: I see this business as nothing more than strong arm tactics to intimidate people into paying hush money to a company that can no longer compete in the business that they chose so they decide to shake down their customers to keep some money coming in.
Then you aren't looking at the whole picture. Do you think that even 10% of the people we sue are capable of passing an audit? We aren't looking for customers to sue, and we're not making money at $150 an audit--that barely covers the costs of the audit. BruceFan4Life wrote: That is why there a lots of shows now with 200,000 songs and not one Sound Choice song at all. Karaoke Life goes on and Sound Choice loses all of it's free advertising and whatever good will that they may have had at some point. No one sees the Sound Choice logo at the shows and goes home to check out if there is a web site for that company.
I can count on one hand the number of karaoke shows I've been to in the past two years where no SC tracks were played.
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Lone Wolf
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Posted: Tue Oct 09, 2012 10:23 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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I would still like to know how your investigators can tell if one is playing from a disc or not.
If I were to right in front of you where you could see me insert a disc into the computer drive and then press play on the players program how do you know if it is playing from a disc or from a hard drive?
I have tested it both ways and I sure can't see any difference. Don't tell me about fuzzy edges and such as the video is produced by both the computer video card and the program's software. Once the file has been read by the program I suppose that the program could change the font size and even the colors if such program was written that way.
I don't think that someones visual proof of fonts and colors produced on a bars TV could stand up as proof as to what the investigator saw after all the TV's colors and sharpness could be out of adjustment thus giving the impression that it was coming from a HD and not a disc.
_________________ 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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JimHarrington
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Posted: Tue Oct 09, 2012 10:35 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Lone Wolf wrote: I would still like to know how your investigators can tell if one is playing from a disc or not. I'm not going to get into our specific investigative methods. However, it is pretty easy to tell if someone is playing from a disc instead of from a computer, because in the course of a show, the KJ will handle maybe 70-80 discs. That kind of activity is hard to miss. Lone Wolf wrote: If I were to right in front of you where you could see me insert a disc into the computer drive and then press play on the players program how do you know if it is playing from a disc or from a hard drive? If I saw you insert a disc into the computer drive and press play, I would assume you were playing from a disc--even if you actually weren't. I've been to many karaoke shows and sung at most of them. I almost always talk to the KJ when I go, and sometimes I get useful information from that, but most of the time, it's just simply about paying attention. In probably 99% of cases, it's easy to discern discs from a computer, mostly because in 95% of cases there are no discs at all. So it's not as difficult as you might think.
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Lonman
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Posted: Tue Oct 09, 2012 10:45 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Lone Wolf wrote: I have tested it both ways and I sure can't see any difference. Don't tell me about fuzzy edges and such as the video is produced by both the computer video card and the program's software. Once the file has been read by the program I suppose that the program could change the font size and even the colors if such program was written that way. I can sure tell the difference between when I switch from my player to my computer. The player will fill up the screen differently, more squeezed, and sorry the edges are much more defined and edgy. And sorry, on the computer the font edges are smoother, and the screen tends to fill up more, has nothing to do with actually going in and changing the fonts or colors. But I run both computer and player & when doing an a/b comparison with the computer & disc, you CAN see a definitive difference. Plus most of the computer shows i've ever seen the kj's utilize something like the marquee or next singers coming up - kind of a dead giveaway right there the songs are being played from computer hd. Not sure which programs play directly from computer CD player, I know MTU Hoster does, but it still has to do a temporary iimport , then deletes after played so it's not 'directly' from disc.
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Lone Wolf
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Posted: Tue Oct 09, 2012 10:58 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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Lonman wrote: Lone Wolf wrote: I have tested it both ways and I sure can't see any difference. Don't tell me about fuzzy edges and such as the video is produced by both the computer video card and the program's software. Once the file has been read by the program I suppose that the program could change the font size and even the colors if such program was written that way. I can sure tell the difference between when I switch from my player to my computer. The player will fill up the screen differently, more squeezed, and sorry the edges are much more defined and edgy. And sorry, on the computer the font edges are smoother, and the screen tends to fill up more, has nothing to do with actually going in and changing the fonts or colors. But I run both computer and player & when doing an a/b comparison with the computer & disc, you CAN see a definitive difference. Plus most of the computer shows i've ever seen the kj's utilize something like the marquee or next singers coming up - kind of a dead giveaway right there the songs are being played from computer hd. Not sure which programs play directly from computer CD player, I know MTU Hoster does, but it still has to do a temporary iimport , then deletes after played so it's not 'directly' from disc. I'm not talking about playing from a player strictly from a computer with a program that reads the disc in the computer drive. Siglos will do it. It plays both from your CD drive and HD. Also a statement on their web pages says "Play CD+G songs (MP3+G, ZIP, or CD+G discs) with image enhancement features that make CD+G look much better" So they change the visual look too. I haven't tried out that program but am going to soon. And it's from Power Karaoke so it might just be good.
_________________ 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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Lone Wolf
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Posted: Tue Oct 09, 2012 11:05 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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HarringtonLaw wrote: Lone Wolf wrote: I would still like to know how your investigators can tell if one is playing from a disc or not. I'm not going to get into our specific investigative methods. However, it is pretty easy to tell if someone is playing from a disc instead of from a computer, because in the course of a show, the KJ will handle maybe 70-80 discs. That kind of activity is hard to miss. Really? even if I have everything else on HD and only handle SC's discs
Lone Wolf wrote: If I were to right in front of you where you could see me insert a disc into the computer drive and then press play on the players program how do you know if it is playing from a disc or from a hard drive? If I saw you insert a disc into the computer drive and press play, I would assume you were playing from a disc--even if you actually weren't. Well everybody knows what assume really means!I've been to many karaoke shows and sung at most of them. I almost always talk to the KJ when I go, and sometimes I get useful information from that, but most of the time, it's just simply about paying attention. In probably 99% of cases, it's easy to discern discs from a computer, mostly because in 95% of cases there are no discs at all. So it's not as difficult as you might think. So If I spread open my CD holder with all my SC discs showing you would assume that I was playing them off the disc and not the HD. Still not convinced!
_________________ 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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Lonman
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Posted: Tue Oct 09, 2012 11:16 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Lone Wolf wrote: I'm not talking about playing from a player strictly from a computer with a program that reads the disc in the computer drive. Siglos will do it. It plays both from your CD drive and HD. Also a statement on their web pages says "Play CD+G songs (MP3+G, ZIP, or CD+G discs) with image enhancement features that make CD+G look much better" So they change the visual look too.
I haven't tried out that program but am going to soon. And it's from Power Karaoke so it might just be good. I just tried it with the demo of SwiftElite 4 and it still looks like a computer processed graphic over an external player graphic. But it does play directly from the disc without any import.
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JoeChartreuse
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Posted: Tue Oct 09, 2012 11:50 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: 1) There are no "factors and formula" for damages for "media-shifting the logo" because we don't sue for that. JoeChartreuse wrote: 2) HUH? Are you now saying that SC's lawsuits are not based on TRADEMARK Infringement? All about the duplication of the TRADEMARK, remember? It may be a good idea to go back and read your own suits.
I am saying that what you are describing is not the basis of our trademark infringement claim. This is not about "duplication of the trademark." It is about the application of the trademark to an item that SC did not create, which is a special class of trademark infringement known as counterfeiting. JoeChartreuse wrote:
BIG #3) If the suits were about stolen music, one could come up with a formula based on factors such as the cost of each stolen track multiplied by the amount of tracks stolen, the amount of shows proven run with said tracks, and the income that the KJ may have gained from those shows. One could do this because the stolen tracks represent income lost to SC.
That is certainly one way to calculate damages. Of course, it doesn't have to be that complicated. The statute says our actual damages (which could be what we would have derived from sales, or there could be other ways of getting at it, like damage to goodwill) plus the infringer's profits from the infringing activity. The statute also says we only have to prove gross sales--the defendant has to prove any offsets or costs. 4) JoeChartreuse wrote: HOWEVER, the suits are not about stolen music, but merely the display of certain artwork/logos preceding the display of the actual tool in use by the KJ- the track itself. Keep in mind that in many instances, that logo was added to the track by the karaoke producer without permission from the publisher, and shouldn't have been there in the first place.
.......... And these suits............. They are about the creation of unauthorized duplicates of SC's product, applying SC's trademarks and trade dress to those duplicates, 1) This statement is negated by your reply seen in BIG #3). 2) This statement is negated by your reply to 4). BIG #3) Thank you Jim. If you had given this reply to begin with we could have avoided this thread and a bunch of wasted posts. I have no argument with this reply. I simply wanted to know something that I didn't know before. No debate. I don't know why you made it so difficult. Either way, now I know, and thanks again. 4) Not only does this negate your reply 2), but also contains the statement that the KJ ADDS ( applies) the logo and Trade Dress to the duplicate. This is untrue. They are an inherent part of the duplicated graphics. No one "applied" them- or cared about them for that matter. All that being said, thanks to Jim I now have the answer ( which, BTW, Timberlea said could not exist) and retract my previous statements regarding the calculation of damages. While I don't believe a such a claim would hold up in SC's case, I now understand the factors by which you would determine a monetary value, which was all that I was asking. Whew! Digging for new knowledge is tough work!
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JimHarrington
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Posted: Tue Oct 09, 2012 12:07 pm |
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JoeChartreuse wrote: Whew! Digging for new knowledge is tough work! I'm not sure that you have it at all, because you contend that parts of my statement negate others, but I have a brief due today so I'll leave it at that. However, I will say that easily more than half of the problem with this is that the way you have asked the question implies certain assumptions that I don't agree with. It's kind of like encountering someone who speaks very good English (as a second language, or even as a first language but being from another country) but who lacks the cultural understanding that underpins a native speaker who grew up in this country. If you and I met in Germany and I asked you "crunchy or creamy" you would know that I'm talking about peanut butter, whereas a German speaker of English might understand what the words mean but probably wouldn't make the connection, or at least not as quickly.
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JoeChartreuse
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Posted: Tue Oct 09, 2012 12:11 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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earthling12357 wrote: JoeChartreuse wrote: I guess if Jim Harrington had no answer, I shouldn't expect one from others. Joe, You are completely ignoring my direct response to your original post and it makes me sad. viewtopic.php?f=26&t=25456&start=20 (it's the second post on this page) Don't be sad, Jim. I suspect a forum software glitch. You post above showed up as number 11 on the page, my post, to which it replies, was just before it at 10. The actual direct reply in question showed up as number 13 on the page- AFTER the post quoted here. No one's fault- stuff just happens.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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MrBoo
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Posted: Tue Oct 09, 2012 1:38 pm |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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BruceFan4Life wrote: Ginger or Maryanne? Both, duh...
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c. staley
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Posted: Tue Oct 09, 2012 1:56 pm |
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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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MrBoo wrote: BruceFan4Life wrote: Ginger or Maryanne? Both, duh... Maybe if you had a time machine, but you wouldn't today...
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