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PostPosted: Wed Dec 12, 2012 7:53 am 
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HarringtonLaw wrote:
The Lone Ranger wrote:
:wink: :wink: :wink: I have a theory that your investigations are not conducted as properly as they could be.


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."


James your a lawyer I'm surprised, the suspect is suspected of operating legally or not. Until it goes to court and there is a trial nothing is proved one way or another. This is exactly why I refuse to use your product, because the very use of it makes the host an automatic suspect. As for point number 2 no permission is needed if no product is being used. The operator is a suspect who may be committing trademark infringement, innocent until proven guilty, you are familiar with the concept right? The basis for any action rests on proper identification. When the police come out they first have you identify yourself, when they are dealing with you. The thing I have a problem with is it would seem using your product, removes from the host quite a few of his basic Constitutional protections. You wonder why so many hosts have elected to boycott the SC product. That is no theory that is a fact. Have a nice day.

P.S. If you don't have the resources to sustain your legal process, then maybe it's time to rethink your entire legal strategy. I always felt sooner or later SC would start running short on cash, to maintain this dog and pony show. Implosion is getting closer and closer.


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PostPosted: Wed Dec 12, 2012 12:55 pm 
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This is why people who do not have any experience and training in investigations and law shouldn't open their mouths. Some people watch CSI, Magnum, or any other police/law/PI show and figure they are experts. TV and real life are two different things. And making statements like "I think", "I suppose", "IMHO", and the lot means nothing and people who read such things should ignore them. You'd be better off to read the Legislation involved and know what is what. Some of what is written is interesting with aspects I agree with and the Legislation should be changed to reflect it but until that time we are stuck with what is there.

As for a case going to court (and if it does, people will then go it hasn't been ruled on by the Supreme Court), once the Discovery is done, one of two things will happen. The Defendant will either have legitimate music or not. If legitimate, it's over. If it is not, then pray tell me, on what basis/defence does the Defendant have in a courtroom. That is one thing no one has been able to explain. People just complain about the method used, which is completely legal under the Legislation.

And if you think it is illegal for SC to charge for an audit or if it is even legal for them to conduct an audit, then why not get together, pool your money and take them to court. Put your money where your mouth is.

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PostPosted: Wed Dec 12, 2012 1:37 pm 
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timberlea wrote:
This is why people who do not have any experience and training in investigations and law shouldn't open their mouths. Some people watch CSI, Magnum, or any other police/law/PI show and figure they are experts. TV and real life are two different things. And making statements like "I think", "I suppose", "IMHO", and the lot means nothing and people who read such things should ignore them. You'd be better off to read the Legislation involved and know what is what. Some of what is written is interesting with aspects I agree with and the Legislation should be changed to reflect it but until that time we are stuck with what is there.

As for a case going to court (and if it does, people will then go it hasn't been ruled on by the Supreme Court), once the Discovery is done, one of two things will happen. The Defendant will either have legitimate music or not. If legitimate, it's over. If it is not, then pray tell me, on what basis/defence does the Defendant have in a courtroom. That is one thing no one has been able to explain. People just complain about the method used, which is completely legal under the Legislation.

And if you think it is illegal for SC to charge for an audit or if it is even legal for them to conduct an audit, then why not get together, pool your money and take them to court. Put your money where your mouth is.


I would if I used their product or intended to use their product. Since I don't, and really see no reason to start using their product, it would seem pointless to worry about an audit or anything they are trying to do. To me if they want to act differently than the majority of other manus that is of course their business. They shouldn't be surprised when hosts in the industry don't want to jump through their hoops. It may not be illegal for SC to charge for an audit, but I'm not paying for one, it would be a waste of money. Some Discovery process if they cannot find out who a host is or where he lives. You only have to play their game if you buy in, no sale as far as I'm concerned.


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PostPosted: Wed Dec 12, 2012 1:43 pm 
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it's because of the secrecy.........
an un-named investigator witnessed an unknown person playing a confidential track on an undisclosed date and time in a method that may or may not be from original media........ I would like to sue that person now.

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PostPosted: Wed Dec 12, 2012 2:05 pm 
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Paradigm Karaoke wrote:
it's because of the secrecy.........
an un-named investigator witnessed an unknown person playing a confidential track on an undisclosed date and time in a method that may or may not be from original media........ I would like to sue that person now.



If that is what's going on why not bring back the Spanish Inquisition or the Salem Witch Trials? Nobody expects the Spanish Inquisition! Sorry Paradigm I couldn't resist the Monty Python image there. Have a nice day.


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PostPosted: Wed Dec 12, 2012 2:16 pm 
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timberlea wrote:

And if you think it is illegal for SC to charge for an audit or if it is even legal for them to conduct an audit, then why not get together, pool your money and take them to court. Put your money where your mouth is.

No need to comment on your whole line of drivel. NOBODY said that their audits are illegal. We have said they are unethical, wrong, stupid, a waste of our money, and any other manner or messed up. Bottom line is SC is practicing bad business. They are exploiting their own customers to try and recoup money THEY lost by being complacent in the face of massive theft. We, as hosts, who have already paid for our music have no want to pay MORE for an audit. I don't give a RAT'S A$$ if it is legal or NOT. They are a VENDOR of Karaoke music, and NOTHING more!! We bought and paid for our music, now let us us it as we see fit without extra charges and without all this other nonsense. If you catch someone selling burned discs or hard drives full of SC material then sue away!! Otherwise get the F*^K off our BACKS!!!! ORRRRRRR, get with the MODERN era and get the damned licensing for purchased downloads, so those of us who do not want all this certification nonsense can be legit AND run a computerized show!! All the other mfrs are starting to offer downloads, GET WITH THE PROGRAM!!! Even CB, now DTE, is still litigating, but facilitating their customers' needs, by letting them download songs as they need them. The best these SC idiots will do is off 6000 songs at a time in MP3 format!! What a joke!!


OK, rant off.

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PostPosted: Wed Dec 12, 2012 2:58 pm 
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Hehehe I can't help but laugh at you Smooth. You rant and rave about things that have absolutely no impact on you, or even on karaoke in your area (according to you). It seems like a lot of time and energy bitching about something that doesn't affect you. I spend less time typing about it than you do and I actually do business with them.

-Chris

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PostPosted: Wed Dec 12, 2012 3:05 pm 
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This post needs to end...... :roll:


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PostPosted: Wed Dec 12, 2012 3:15 pm 
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chrisavis wrote:
Hehehe I can't help but laugh at you Smooth. You rant and rave about things that have absolutely no impact on you, or even on karaoke in your area (according to you). It seems like a lot of time and energy bitching about something that doesn't affect you. I spend less time typing about it than you do and I actually do business with them.

-Chris

Just trying to open their eyes at what they COULD have instead of this BS litigation model. BTW, I have had better people than you laugh at me. I really don't care. Laugh away.

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PostPosted: Wed Dec 12, 2012 3:22 pm 
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Smoothedge69 wrote:
They are exploiting their own customers to try and recoup money THEY lost by being complacent in the face of massive theft. We, as hosts, who have already paid for our music have no want to pay MORE for an audit..

I never felt exploited. Their policy is different than others for transferring to computer. If I didn't want to pay for the luxury of playing on the computer, i'd not have paid & continued to play off the discs. But I felt it was worth the little bit it cost for the luxury of doing something proper.

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PostPosted: Wed Dec 12, 2012 3:29 pm 
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Lonman wrote:
Smoothedge69 wrote:
They are exploiting their own customers to try and recoup money THEY lost by being complacent in the face of massive theft. We, as hosts, who have already paid for our music have no want to pay MORE for an audit..

I never felt exploited. Their policy is different than others for transferring to computer. If I didn't want to pay for the luxury of playing on the computer, i'd not have paid & continued to play off the discs. But I felt it was worth the little bit it cost for the luxury of doing something proper.

It's not proper. It's wrong to charge people more for stuff they already paid for. There is nothing that anyone can say that will change my mind on that. Maybe, I should charge the bar a fee to run the karaoke and then charge each singer a fee on top of that. That fee would be to allow them to sing the songs their way instead of singing like the original artists. Yeah sounds like a plan. SC is greedy, plain and simple, and stupid when it comes to business. They are missing an OCEAN LINER on new revenue in not offering downloads. As more download services open up, how long do you think they will be able to get away with selling 6000 songs for $4,500 or whatever it is now, which include songs that will never be sung..........ever, when most others are selling single song downloads so KJs can buy only what they need when they need it. THAT is a modern business model. SC may as well close their doors.

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PostPosted: Wed Dec 12, 2012 3:38 pm 
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Smoothedge69 wrote:
Lonman wrote:
Smoothedge69 wrote:
They are exploiting their own customers to try and recoup money THEY lost by being complacent in the face of massive theft. We, as hosts, who have already paid for our music have no want to pay MORE for an audit..

I never felt exploited. Their policy is different than others for transferring to computer. If I didn't want to pay for the luxury of playing on the computer, i'd not have paid & continued to play off the discs. But I felt it was worth the little bit it cost for the luxury of doing something proper.

It's not proper. It's wrong to charge people more for stuff they already paid for. There is nothing that anyone can say that will change my mind on that.

No it's wrong to assume you can do what you like with their property. You never actually OWN the music, you just own the format it's provided to you in - even states on every disc no 'unauthorized' copies. So don't want to pay their fee to transfer, don't put the discs onto computer & play from discs - which is what you are doing. :roll: so it really don't matter.

Quote:
Maybe, I should charge the bar a fee to run the karaoke and then charge each singer a fee on top of that.

There are bars that charge a fee for each singer on top of paying their kj! We have a member here that works in a bar that does just that.

Quote:
As more download services open up, how long do you think they will be able to get away with selling 6000 songs for $4,500 or whatever it is now, which include songs that will never be sung..........ever, when most others are selling single song downloads so KJs can buy only what they need when they need it. THAT is a modern business model. SC may as well close their doors.

I think as long as people want the best quality and a good core set, they shouldn't have any problems continuing to sell the GEM. That's what i'm getting when/if I get my 2nd system running, has most of what I need and what it doesn't have i'll supplement with customs like I do now.

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PostPosted: Wed Dec 12, 2012 3:46 pm 
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Just for the record "Innocent Until Proven Guilty" is a concept of CRIMINAL trials, as far as I know in CIVIL cases, the burden of proof rests with the accused party.

just saying

-James


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PostPosted: Wed Dec 12, 2012 4:03 pm 
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jclaydon wrote:
Just for the record "Innocent Until Proven Guilty" is a concept of CRIMINAL trials, as far as I know in CIVIL cases, the burden of proof rests with the accused party.

just saying

-James


No, that is not the case at all. The difference is criminal must be proven beyond a reasonable doubt. Civil allows for some reason of doubt. The burden of proof is still on the plaintiff in both cases.


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PostPosted: Wed Dec 12, 2012 5:15 pm 
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There is nothing that anyone can say that will change my mind on that.


Tell us something we don't know. Further, it doesn't matter what you think is right or wrong what matters is what the law allows. Your continuous rantings won't change that.

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PostPosted: Wed Dec 12, 2012 5:35 pm 
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timberlea wrote:
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There is nothing that anyone can say that will change my mind on that.


Tell us something we don't know. Further, it doesn't matter what you think is right or wrong what matters is what the law allows. Your continuous rantings won't change that.
You DO realize that you are a sheep, right?? Big Brother says it's ok, so you are good with that. I guess freedom is only good for business and not for everyone else.

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PostPosted: Wed Dec 12, 2012 5:51 pm 
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Smoothedge69 wrote:
timberlea wrote:
Quote:
There is nothing that anyone can say that will change my mind on that.


Tell us something we don't know. Further, it doesn't matter what you think is right or wrong what matters is what the law allows. Your continuous rantings won't change that.
You DO realize that you are a sheep, right?? Big Brother says it's ok, so you are good with that. I guess freedom is only good for business and not for everyone else.

How is only good for business?

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PostPosted: Wed Dec 12, 2012 6:12 pm 
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Lonman wrote:
Smoothedge69 wrote:
timberlea wrote:
Quote:
There is nothing that anyone can say that will change my mind on that.


Tell us something we don't know. Further, it doesn't matter what you think is right or wrong what matters is what the law allows. Your continuous rantings won't change that.
You DO realize that you are a sheep, right?? Big Brother says it's ok, so you are good with that. I guess freedom is only good for business and not for everyone else.

How is only good for business?

I'm just saying, it's fine and dandy for SC to do whatever crappy thing they want because the government says it's ok. That is according to Timber. He's fine with Business having all the freedom they want, and to hell with the rest of us.

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PostPosted: Wed Dec 12, 2012 8:52 pm 
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Another asinine statement. Businesses do not have the freedom to do whatever they want. They, like us, have rules, regulations, and laws they have to follow. As long as they operate within those parameters, then they can operate accordingly. Just because YOU don't like it does not make it wrong, illegal, or immoral. You should really check into some businesses and see the restrictions some operate under, the inspections and audits they have to undertake, and depending on the industry, restrictions to whom they can sell to.

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PostPosted: Wed Dec 12, 2012 10:03 pm 
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timberlea wrote:
Another asinine statement. Businesses do not have the freedom to do whatever they want. They, like us, have rules, regulations, and laws they have to follow. As long as they operate within those parameters, then they can operate accordingly. Just because YOU don't like it does not make it wrong, illegal, or immoral. You should really check into some businesses and see the restrictions some operate under, the inspections and audits they have to undertake, and depending on the industry, restrictions to whom they can sell to.

-. It's drunken people getting up to sing songs, dance a little, and have a good time. It's definitely not the big thing Sound Choice makes it out to be. In the grand scheme of things, it's not a very important service. There shouldn't be any rules to begin with. I have been singing in public places my whole life. I have sung in bands, I have sung in chorus in school, I have sung on street corners for fun. I have sung with music and without. Karaoke is the same thing with a backing track and some printed words. God Damn, SC needs to get over themselves. It's just not that big of a deal.

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