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JimHarrington
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Posted: Tue Dec 11, 2012 3:05 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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JoeChartreuse wrote: With a zillion ACTUAL (track theif)pirates, SC merely had to scattershoot and wait for something to stick.
Also, in order to catch a disc pirate someone actually has to investigate ( in other words, come to a show and actually witness the useage).
Now, some dummy gets on a web page or FB and advertises 50-100K songs and SC has the letter out before you can hit "refresh".
Still clinging to that discredited theory that we don't perform actual investigations, I see.
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JoeChartreuse
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Posted: Tue Dec 11, 2012 3:12 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: Using Chris' comparison for health inspections of a restaurant, the owner doesn't get to charge them for their time. I know I didn't when we had our coffee shop. The Health Inspector is a local goverment official whose priority is working to ensure a healthy environment for the preparation of food that will be dispensed to the public. Not trying to make a profit.. SC is a private remnant of it's former self attempting a different strategy and profitable income source as a business plan, with no official government office. I have no idea why this sort of comparison keeps popping up. Amusement?
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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timberlea
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Posted: Tue Dec 11, 2012 3:20 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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Then how about federal legislation gives them the authority to do it. Remember, the AMA, ADA, Bar Society, and other entities investigate and can revoke licences, suspend and fine their members and they are NOT GOVERNMENT departments.
_________________ You can be strange but not a stranger
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JoeChartreuse
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Posted: Tue Dec 11, 2012 3:24 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: With a zillion ACTUAL (track theif)pirates, SC merely had to scattershoot and wait for something to stick.
Also, in order to catch a disc pirate someone actually has to investigate ( in other words, come to a show and actually witness the useage).
Now, some dummy gets on a web page or FB and advertises 50-100K songs and SC has the letter out before you can hit "refresh".
Still clinging to that discredited theory that we don't perform actual investigations, I see. Sincerely glad you're feeling better, Jim! Nope, not this time, and actually sorry it came across that way. I was trying to explain that the cost of the investigations ( no matter WHO did them) vs the amount of copied disc pirates - plus the difficulty-around in those days meant that it just wasn't cost effective to do then. Sometimes I actually DON'T harp......
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Tue Dec 11, 2012 3:37 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea wrote: Then how about federal legislation gives them the authority to do it. Remember, the AMA, ADA, Bar Society, and other entities investigate and can revoke licences, suspend and fine their members and they are NOT GOVERNMENT departments. All of the above still work within the Public/Government structure. AMA and ADA under Public Health and the Bar under Justice. Though not government themselves, their oversight of their professions is still REGULATED by the government. SC's audits are regulated by SC, as proven by the many policy changes made internally since the inception of audits. No government, or government emowered regulatory agency requires a KJ be audited by a private company hoping to find extra income. ADDITIONAL TO Bazza: In regard to the cost of time- if it's worthless- why do/did the mfrs. charge for theirs? You know what's fun? A couple of years of these debates, right? My total collection of SC discs take up maybe 4-5 double sided (4 per side) binder pages out of several binders designed to hold 600 discs each. Don't mind me- just thinking out loud...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Smoothedge69
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Posted: Tue Dec 11, 2012 3:41 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Excellent post, Joe. I have to say, you are one of my favorites on this site.
_________________ I am the ONLY SANE 1 HERE
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JoeChartreuse
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Posted: Tue Dec 11, 2012 4:03 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Smoothedge69 wrote: Excellent post, Joe. I have to say, you are one of my favorites on this site. Well thanks but then how come you're the one with the great looking wife?
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Smoothedge69
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Posted: Tue Dec 11, 2012 4:33 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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JoeChartreuse wrote: Smoothedge69 wrote: Excellent post, Joe. I have to say, you are one of my favorites on this site. Well thanks but then how come you're the one with the great looking wife? Just got REALLY lucky there. And thank you for noticing.
_________________ I am the ONLY SANE 1 HERE
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timberlea
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Posted: Tue Dec 11, 2012 4:53 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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Again Joe, Smooth, etc, the Federal Government gave copyright and trademark owner the power to protect their property. I don't know why you don't get that.
_________________ You can be strange but not a stranger
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Smoothedge69
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Posted: Tue Dec 11, 2012 4:59 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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timberlea wrote: Again Joe, Smooth, etc, the Federal Government gave copyright and trademark owner the power to protect their property. I don't know why you don't get that. Protecting your copyright, which they are NOT doing, (they are protecting their logo and trade dress), does not mean trolling for lawsuits.
_________________ I am the ONLY SANE 1 HERE
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timberlea
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Posted: Tue Dec 11, 2012 5:07 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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No it is their trademark. Try to educate yourself on the legalities and not just your assumption or what you wish the way things should be done. The world doesn't revolve around your show or wants.
_________________ You can be strange but not a stranger
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Smoothedge69
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Posted: Tue Dec 11, 2012 5:16 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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timberlea wrote: No it is their trademark. Try to educate yourself on the legalities and not just your assumption or what you wish the way things should be done. The world doesn't revolve around your show or wants. So you think it revolves around you Cheerleaders, and you should have final say? I could have quite a few choice words about that, but I will be nice. You and your Capitalist pig ideas. I bet, if you were from this country, would have voted for Romney.
_________________ I am the ONLY SANE 1 HERE
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Lonman
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Posted: Tue Dec 11, 2012 5:17 pm |
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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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Smoothedge69 wrote: timberlea wrote: Again Joe, Smooth, etc, the Federal Government gave copyright and trademark owner the power to protect their property. I don't know why you don't get that. Protecting your copyright, which they are NOT doing, (they are protecting their logo and trade dress), does not mean trolling for lawsuits. Their logo IS their trademark!!!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Smoothedge69
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Posted: Tue Dec 11, 2012 5:20 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Lonman wrote: Smoothedge69 wrote: timberlea wrote: Again Joe, Smooth, etc, the Federal Government gave copyright and trademark owner the power to protect their property. I don't know why you don't get that. Protecting your copyright, which they are NOT doing, (they are protecting their logo and trade dress), does not mean trolling for lawsuits. Their logo IS their trademark!!! No Chit, Lonnie. I'm not the one who said that. Timber said that. Notice I said logo and Trade DRESS. That's two different things, though part of the whole.
_________________ I am the ONLY SANE 1 HERE
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timberlea
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Posted: Tue Dec 11, 2012 5:20 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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Well if you don't like capitalism then why are you running a karaoke hosting company. You know there are places you can go where capitalism does not exist. North Korea, Vietnam, and Cuba come to mind but two of those examples do have some form of capitalism.
_________________ You can be strange but not a stranger
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Lonman
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Posted: Tue Dec 11, 2012 5:46 pm |
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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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Smoothedge69 wrote: Lonman wrote: Smoothedge69 wrote: timberlea wrote: Again Joe, Smooth, etc, the Federal Government gave copyright and trademark owner the power to protect their property. I don't know why you don't get that. Protecting your copyright, which they are NOT doing, (they are protecting their logo and trade dress), does not mean trolling for lawsuits. Their logo IS their trademark!!! No Chit, Lonnie. I'm not the one who said that. Timber said that. Notice I said logo and Trade DRESS. That's two different things, though part of the whole. They have just as much right to go after their trademark as they do their copyright. As a matter of fact it's easier to do.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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The Lone Ranger
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Posted: Wed Dec 12, 2012 5:25 am |
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Extreme Plus Poster |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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HarringtonLaw wrote: JoeChartreuse wrote: With a zillion ACTUAL (track theif)pirates, SC merely had to scattershoot and wait for something to stick.
Also, in order to catch a disc pirate someone actually has to investigate ( in other words, come to a show and actually witness the useage).
Now, some dummy gets on a web page or FB and advertises 50-100K songs and SC has the letter out before you can hit "refresh".
Still clinging to that discredited theory that we don't perform actual investigations, I see. I have a theory that your investigations are not conducted as properly as they could be. As far as discrediting the investigation process, didn't you James state that some of the suits were dismissed, because of holes in your vaunted investigations? In some dismissed cases, they were dropped because you couldn't serve the suspects the court summons. Your investigators failed to properly identify suspects, and establish where they live, so they could be served by the court. If your minions can't handle simple tasks of investigation, how are they going to deal with the more complex problem, of trying to determine whether a host is legal or illegal? You like to give the impression that you are large and in charge. The truth is the Emperor has no clothes, feel the draft? Have a nice day.
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timberlea
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Posted: Wed Dec 12, 2012 7:13 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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Lone that is an asinine statement. It's not as if police investigations don't have holes in them or mistakes were made or any other number of problems. So why are you trying to put Jim's investigators' standards above the police? Afterall LAPD screwed up the OJ case and they're supposed to have some hotshot investigators.
_________________ You can be strange but not a stranger
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The Lone Ranger
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Posted: Wed Dec 12, 2012 7:22 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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timberlea wrote: Lone that is an asinine statement. It's not as if police investigations don't have holes in them or mistakes were made or any other number of problems. So why are you trying to put Jim's investigators' standards above the police? Afterall LAPD screwed up the OJ case and they're supposed to have some hotshot investigators. They might have made mistakes but at least they knew who the suspect was and where he lived, before they tried to take anything to court. I don't think it is asking too much for the manu's investigators to at least have some of the basic facts right, do you? It brings into question what other little things the manu investigators might have gotten wrong. Taking a person to court is serious business, and should not be something taken so casually. What I think is really asinine is to file a suit, when the proper research to support the charges has not been made. It gives the appearance the suits are nuisance in nature forcing the business to settle, to avoid the cost of answering the bogus charges. Have a nice day.
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JimHarrington
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Posted: Wed Dec 12, 2012 7:32 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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The Lone Ranger wrote: Let's see how this "theory" holds up... The Lone Ranger wrote: As far as discrediting the investigation process, didn't you James state that some of the suits were dismissed, because of holes in your vaunted investigations?
No. On another forum, in a specific case, I stated that we voluntarily dismissed defendants whom we could not serve for one reason or another. In that case, the allegations were against a specific business enterprise--a rather large one, with approximately 18 KJs and an unknown number of venue-operated systems under common control. The head of the enterprise and several of the KJs are participating in the suit. We could not get service on several other KJs--we suspect--because they were advised to avoid service and because their role in the organization was not significant enough to justify the expense of other steps we might have taken, like having the process server stake out their homes. Through the discovery process, we will get additional information and seek to add them back into the suit later, or file a new suit. The Lone Ranger wrote: In some dismissed cases, they were dropped because you couldn't serve the suspects the court summons. Your investigators failed to properly identify suspects, and establish where they live, so they could be served by the court.
The court doesn't serve summons. In civil cases, that falls to the plaintiff to arrange. My investigative team identified all of the named defendants and established home addresses for virtually all of them. I cannot force someone to answer their door, and their value as defendants is not sufficient to justify staking them out at a cost of $200-$300 a day, each. The Lone Ranger wrote: If your minions I don't have "minions." The Lone Ranger wrote: can't handle simple tasks of investigation, how are they going to deal with the more complex problem, of trying to determine whether a host is legal or illegal?
That is not a complex problem in the slightest. In fact, getting good, up-to-date identity and location information is far, far more complicated than determining whether a host is operating legally or not. Legal operation is a question of easily verified fact: (1) Is the operator using SC tracks from non-original media? (2) Does the operator lack permission from SC to do that? If the answer is "yes" to both questions, the operator is committing trademark infringement. By contrast, people who are behaving illicitly have a strong incentive to avoid being found. So much for your "theory."
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