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PostPosted: Thu Dec 13, 2012 1:03 am 
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Paradigm Karaoke wrote:
JoeChartreuse wrote:
...A back-up copy of an ORIGINAL factory disc for use as a replacement at a single site ( per the software wars of the 90's and other cases of all sorts of recorded media since) IS authorized.

Even SC isn't argueing that, because if they were, then they would state that even media shifting discs that you own would be a no-no. Of course, that would blow their income model, but.....


this is exactly what they are arguing. this is why the audit is "needed" because they say it is not authorized......every other manu and music publisher in the world says it is, but that is why the huge lists on the lawsuits.
as far as SC is concerned, use of backup copies is illegal, but for a $150.00 fee they will look the other way.


Yup, but since those "backup copy" wars were fought and last in the 90's, SC has no case. This is why KJs should educate themselves regarding their own businesses, so they won't be intimidated by a company that mismanaged themselves out of production, and are scrabbling , hoping, hoping, and depending on intimidation for an income.

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PostPosted: Thu Dec 13, 2012 1:24 am 
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Paradigm Karaoke wrote:
JoeChartreuse wrote:
Did better. Didn't ask parties who want to make money through sales of their product ( both publisher/owners and mfrs.)

wait......now the publishers.....the ones who you said could be the ones to sue us.....are lying to us also......specifically to open us to to get sued later?
No one lied, been saying it all along. Only the publisher/owners can grant ful licensing. We live on their sufferance.


JoeChartreuse wrote:
I asked independant IP specialists that have MY best interest at heart. Two IP attorneys- now retired- who have served me quite successfully for 30 years in my design biz. cost me two lobster dinners and a night of reminiscing.

everyone in the industry except your two retied lawyers are lying to us?

Still don't know what you mean. DT isn't lying- they don't care how you use their tracks. They never claimed that they give you license for useage. Don't know what this question is directed towards.

JoeChartreuse wrote:
You want a real answer? Do the same. Don't ask someone who is trying to sell the product.

again....the publishers who willingly give DJ's around the world permission to use downloads in their shows.....who only sued downloaders who STOLE material through IRC and torrents.........the publishers who are closing CD factories to focus on download sales and are making more money that way than CD's.......that is who i need to be afraid of?

Have NO idea why this part is hard. You don't ask ask a used car dealer if their car is the best, or whether their price is best- unless you're an idiot. Same with legal questions. You don't ask a seller, you ask an independent expert. The SC folks say that a private company's audits are a part of business expenses. I say- since we work in an IP area, that a consultation fee with an IP lawyer is worth more. Do you SERIOUSLY disagree?

JoeChartreuse wrote:
The Surgeon General reported the hazards of smoking back in the 50's, but the tobacco companies kept bringing in their "experts" to say it was all bunk.

ok, and who besides Joe Chartreuse and his two friends chatting over dinner is saying that downloads put the responsibility on the downloader?

Apparently not reading ANY of my posts. Not asking you to believe me and mine- telling you to consult with you OWN IP specialist. If you are willing to shell out for a useless audit, why not for proper legal counseling for your business?!? Why the question?

JoeChartreuse wrote:
BTW- have any of you who have contacted the publisher/owners received any actual licensing documentation that will stand up in court, or did you just get an e-mail that pretty much said " yeah, whatever"?

we got the same proof you have, going in circles with this one. nobody but Joe Chartreuse and his two buddies say otherwise.

So you are saying you didn't disprove anything I said. PLEASE- spend a bit for a one hour consultation with an IP lawyer who is on YOUR side, then do what he says. If different than what I stated, wonderful. Freakin' lawyers always disagree. I trust mine, you find one YOU TRUST, and go by him. Simple, right?

JoeChartreuse wrote:
If you got the licensing documentation, then you-the KJ-are covered for whatever tracks that documentation references. Anything else? Air. Sorry.

show me your documentation that your disc is legal for commercial use.....that's right....it doesn't exist.



You are absolutely correct. As previously stated, we live by the sufferance of the publisher/owner. HOWEVER, if they get involved and want to sue folks, the factory original discs shift MOST of the liability back to the karaoke mfr., leaving me with-at most- a Cease & Desist. A download host without any factory original product can be stuck for a lot more. Yes, this is per the attorneys that I paid for 30 years. PLEASE feel free to pay for your own expertise, instead of trying to cheap your way through the business process.

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PostPosted: Thu Dec 13, 2012 2:29 am 
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ODB hosts are displaying a re-creation as well since the information in it's disc based form is actually a series of bits (0's and 1's). Unless you are showing binary streams on your screen, then ODB hosts are displaying a copy from the original disc based data if even temporarily.

-Chris

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PostPosted: Thu Dec 13, 2012 5:43 am 
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chrisavis wrote:
ODB hosts are displaying a re-creation as well since the information in it's disc based form is actually a series of bits (0's and 1's). Unless you are showing binary streams on your screen, then ODB hosts are displaying a copy from the original disc based data if even temporarily.

-Chris


Why don't we just throw all the hosts in the manu paddy wagon and we can sort everything out when we get to court? Then it would be real keystone cops. Have nice day.


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PostPosted: Thu Dec 13, 2012 9:54 am 
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JoeChartreuse wrote:
Lonman wrote:
JoeChartreuse wrote:
AGAIN: THEY are not responsible for useage- the KJ is. I am trying to tell you simply that. This means that in some remotely possibly scenario you might be sued by a publisher/owner, and a download host would face more liability than a host who owns the factory discs. That's it. Simple.

No they (the kj) is NOT responsible for useage, that is covered when the club pays their PRO fees to the publishers! No liability on the kj once those are paid.


Yup, we'd love to think so- but unlike DJs in the same boat, we have additionl baggage- the video graphics.

If a download host creates a file, it is the host's butt, because the new file is:

1) A copy, so the factory sheds most of it's liability

2) A new creation by the host, so the host is responsible for the licensing OF THE SYNCHED GRAPHICS.

3) Yes, the venue is responsible for the MUSIC, but the synched graphics are on the host who created a file from a download.


No, no, no, no, no.

This is just absolutely wrong.

Number 1 is wrong because the factory doesn't "shed most of"--or even any of--"its liability." If the download host "creates a file" through a process that is intended by the manufacturer, and that results in an infringement, BOTH parties are liable.

Number 2 is wrong because it is not a "new creation." It's a copy, but again, if the mechanism or process established by the manufacturer is responsible for the infringement, BOTH parties are liable.

Number 3 is wrong because the venue is liable for ALL infringement that occurs on its premises if it has or should have knowledge of it, has the ability to control it, and derives financial benefit from it. It has nothing to do with the music versus the lyrics or anything else.

Most importantly, these rules apply whether the delivery mechanism is an electronic file, a compact disc, or any other medium. The medium is irrelevant unless the distribution rules (controlled by the copyright owner) make it relevant.


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PostPosted: Thu Dec 13, 2012 10:36 am 
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HarringtonLaw wrote:
JoeChartreuse wrote:
Lonman wrote:
JoeChartreuse wrote:
AGAIN: THEY are not responsible for useage- the KJ is. I am trying to tell you simply that. This means that in some remotely possibly scenario you might be sued by a publisher/owner, and a download host would face more liability than a host who owns the factory discs. That's it. Simple.

No they (the kj) is NOT responsible for useage, that is covered when the club pays their PRO fees to the publishers! No liability on the kj once those are paid.


Yup, we'd love to think so- but unlike DJs in the same boat, we have additionl baggage- the video graphics.

If a download host creates a file, it is the host's butt, because the new file is:

1) A copy, so the factory sheds most of it's liability

2) A new creation by the host, so the host is responsible for the licensing OF THE SYNCHED GRAPHICS.

3) Yes, the venue is responsible for the MUSIC, but the synched graphics are on the host who created a file from a download.


No, no, no, no, no.

This is just absolutely wrong.

Number 1 is wrong because the factory doesn't "shed most of"--or even any of--"its liability." If the download host "creates a file" through a process that is intended by the manufacturer, and that results in an infringement, BOTH parties are liable.

Number 2 is wrong because it is not a "new creation." It's a copy, but again, if the mechanism or process established by the manufacturer is responsible for the infringement, BOTH parties are liable.

Number 3 is wrong because the venue is liable for ALL infringement that occurs on its premises if it has or should have knowledge of it, has the ability to control it, and derives financial benefit from it. It has nothing to do with the music versus the lyrics or anything else.

Most importantly, these rules apply whether the delivery mechanism is an electronic file, a compact disc, or any other medium. The medium is irrelevant unless the distribution rules (controlled by the copyright owner) make it relevant.



James since your manu SC is the only manu currently following the legal process to solve these infringement problems, which seem to be only problems, SC is involved with. Why would any karaoke host or venue take a chance using your product? There is tons of product out here where the manus don't care about shifting, so why use your product? I have run a show for years without your product. It would seem from what I'm reading on this forum, venues are dismissing hosts for carrying and using your product. I know host like me are boycotting your company's product. SC is not the only game in town, by your actions you are killing the SC brand, making it like the Republican brand unpopular. If your goal is to recoup money for the SC label, how do you reach your goal, by killing the brand? It is like Blazing Saddles where the black sheriff is holding a gun to his head and saying "Stop or I'll Kill The Sheriff". I cleaned that up a little. Have a nice day.


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PostPosted: Thu Dec 13, 2012 10:46 am 
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HarringtonLaw wrote:
No, no, no, no, no.

This is just absolutely wrong.

Number 1 is wrong because the factory doesn't "shed most of"--or even any of--"its liability." If the download host "creates a file" through a process that is intended by the manufacturer, and that results in an infringement, BOTH parties are liable.

Number 2 is wrong because it is not a "new creation." It's a copy, but again, if the mechanism or process established by the manufacturer is responsible for the infringement, BOTH parties are liable.

Number 3 is wrong because the venue is liable for ALL infringement that occurs on its premises if it has or should have knowledge of it, has the ability to control it, and derives financial benefit from it. It has nothing to do with the music versus the lyrics or anything else.

Most importantly, these rules apply whether the delivery mechanism is an electronic file, a compact disc, or any other medium. The medium is irrelevant unless the distribution rules (controlled by the copyright owner) make it relevant.


After saying this 8-10 times you start to realize that he simply isn't listening. Tomorrow he will again post that downloads are a "creation", lack "factory quality control" and the quality of the file will vary based on the downloaders equipment and expertise. :lol:

Rinse/Repeat. It never ends.


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PostPosted: Thu Dec 13, 2012 2:17 pm 
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The Lone Ranger wrote:
James since your manu SC is the only manu currently following the legal process to solve these infringement problems, which seem to be only problems, SC is involved with. Why would any karaoke host or venue take a chance using your product? There is tons of product out here where the manus don't care about shifting, so why use your product? I have run a show for years without your product. It would seem from what I'm reading on this forum, venues are dismissing hosts for carrying and using your product. I know host like me are boycotting your company's product. SC is not the only game in town, by your actions you are killing the SC brand, making it like the Republican brand unpopular. If your goal is to recoup money for the SC label, how do you reach your goal, by killing the brand? It is like Blazing Saddles where the black sheriff is holding a gun to his head and saying "Stop or I'll Kill The Sheriff". I cleaned that up a little. Have a nice day.


At 90% of the shows I attend--which is a lot of karaoke shows--more than 50% of the tracks played are SC tracks.

We aren't hurting the brand. There are virtually NO hosts like you boycotting the product.

That being said, we would be happy to kill off 70% of the use of the music if it meant getting paid for the other 30%.


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PostPosted: Thu Dec 13, 2012 2:42 pm 
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HarringtonLaw wrote:
The Lone Ranger wrote:
James since your manu SC is the only manu currently following the legal process to solve these infringement problems, which seem to be only problems, SC is involved with. Why would any karaoke host or venue take a chance using your product? There is tons of product out here where the manus don't care about shifting, so why use your product? I have run a show for years without your product. It would seem from what I'm reading on this forum, venues are dismissing hosts for carrying and using your product. I know host like me are boycotting your company's product. SC is not the only game in town, by your actions you are killing the SC brand, making it like the Republican brand unpopular. If your goal is to recoup money for the SC label, how do you reach your goal, by killing the brand? It is like Blazing Saddles where the black sheriff is holding a gun to his head and saying "Stop or I'll Kill The Sheriff". I cleaned that up a little. Have a nice day.


At 90% of the shows I attend--which is a lot of karaoke shows--more than 50% of the tracks played are SC tracks.

We aren't hurting the brand. There are virtually NO hosts like you boycotting the product.

That being said, we would be happy to kill off 70% of the use of the music if it meant getting paid for the other 30%.


As I have told you many times, SC is not a big factor around here. For example, my buddy has one SC disc. It's the Lynyrd Skynryd disc. It's scratched and he's never replaced it. None of our customers care. I have my 38 SC discs. People know I have them and it is EXTREMELY rare any of those songs gets played, unless I am singing one. It is the same at most of the shows around here. I know of one host who uses SC on a regular basis.

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PostPosted: Thu Dec 13, 2012 2:56 pm 
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HarringtonLaw wrote:
The Lone Ranger wrote:
James since your manu SC is the only manu currently following the legal process to solve these infringement problems, which seem to be only problems, SC is involved with. Why would any karaoke host or venue take a chance using your product? There is tons of product out here where the manus don't care about shifting, so why use your product? I have run a show for years without your product. It would seem from what I'm reading on this forum, venues are dismissing hosts for carrying and using your product. I know host like me are boycotting your company's product. SC is not the only game in town, by your actions you are killing the SC brand, making it like the Republican brand unpopular. If your goal is to recoup money for the SC label, how do you reach your goal, by killing the brand? It is like Blazing Saddles where the black sheriff is holding a gun to his head and saying "Stop or I'll Kill The Sheriff". I cleaned that up a little. Have a nice day.


At 90% of the shows I attend--which is a lot of karaoke shows--more than 50% of the tracks played are SC tracks.

We aren't hurting the brand. There are virtually NO hosts like you boycotting the product.

That being said, we would be happy to kill off 70% of the use of the music if it meant getting paid for the other 30%.



Guy you are more radical than Mitt Romney at least he was only willing to give up 47%. The takers not the makers, I know. So you would kill off 70% of the industry just for your one little brand. Don't be surprised if 70% plus of the hosts tell you and your company to take a hike. The hosts won't even have to tell you, their venues will tell them to stop using your product, even if the hosts is inclined to defend you. That is 70% of your potential market, where will be your profits. You are like the Black Sheriff in Blazing Saddles holding the gun to your head, and saying "Im going to kill the Sheriff. You think the hosts are stupid enough to go along with that? I don't know what your smoking but it must be some goooood stuff. No wonder you get so many cases dismissed your are spending too much time going to karaoke shows. The most requested brand at my shows is DK, no one says a word about SC. If someone came in and started demanding SC that would be a red flag to me. I would just have to say never touch the stuff. Have a nice day.


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PostPosted: Thu Dec 13, 2012 2:57 pm 
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We know you come from a small place where SC isn't used (supposedly but it doesn't matter if it is or not). There is a whole huge world with a lot more people out there. So trying to extrapolate what happens in your world as opposed to the rest of the world is not realistic.

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PostPosted: Thu Dec 13, 2012 3:01 pm 
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timberlea wrote:
We know you come from a small place where SC isn't used (supposedly but it doesn't matter if it is or not). There is a whole huge world with a lot more people out there. So trying to extrapolate what happens in your world as opposed to the rest of the world is not realistic.

Whatever, Timbly Wimbly.

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PostPosted: Thu Dec 13, 2012 3:13 pm 
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timberlea wrote:
We know you come from a small place where SC isn't used (supposedly but it doesn't matter if it is or not). There is a whole huge world with a lot more people out there. So trying to extrapolate what happens in your world as opposed to the rest of the world is not realistic.


8) I come from a big place and still DK is number one. Quite a few Zoom fans, then CB for country, which SC isn't as good. For do-wop oldies MM is the label. Different strokes for different folks. Have a nice day.

P.S. You are from Nova what, where is that somewhere up near the North Pole? Must be a real jumping place this time of year with the snow and all.


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PostPosted: Thu Dec 13, 2012 3:56 pm 
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The Lone Ranger wrote:
timberlea wrote:
We know you come from a small place where SC isn't used (supposedly but it doesn't matter if it is or not). There is a whole huge world with a lot more people out there. So trying to extrapolate what happens in your world as opposed to the rest of the world is not realistic.


8) I come from a big place and still DK is number one. Quite a few Zoom fans, then CB for country, which SC isn't as good. For do-wop oldies MM is the label. Different strokes for different folks. Have a nice day.

P.S. You are from Nova what, where is that somewhere up near the North Pole? Must be a real jumping place this time of year with the snow and all.

Yeah, but they have good lox up there. LOL.

I am becoming quite the Zoom fan, myself. Some of their stuff is just as good, if not BETTER than SC. The newer SF songs are good, too.

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PostPosted: Thu Dec 13, 2012 4:01 pm 
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The Lone Ranger wrote:
Guy you are more radical than Mitt Romney at least he was only willing to give up 47%. The takers not the makers, I know.


Unlike a politician, we don't need 50% (+1) market share to survive.

The Lone Ranger wrote:
So you would kill off 70% of the industry just for your one little brand. Don't be surprised if 70% plus of the hosts tell you and your company to take a hike. The hosts won't even have to tell you, their venues will tell them to stop using your product, even if the hosts is inclined to defend you. That is 70% of your potential market, where will be your profits.


We're not getting that anyway. 95% of the demand for SC's product is being satisfied by people who steal it. 30% would be a big improvement over 5% as it is now. If 70% want to cut off their noses to spite their faces, that's not our problem.

There are three ways to deal with SC's product:

1) Use it as intended, on original discs.
2) Get permission for the media shift through the established process.
3) Don't use the product.

You can pick any one of those three and we will be perfectly happy.

But if you choose the fourth option--using unauthorized non-original media--then you can expect a lawsuit sooner or later. It's a simple matter. So when you and Smooth whine all day about how you're boycotting SC, you're not hurting us. While we'd love for you to use the product under option 1 or option 2, we are also happy for you to avail yourself of option 3. It's a good product, but it's not for everybody.


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PostPosted: Thu Dec 13, 2012 4:22 pm 
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HarringtonLaw wrote:
The Lone Ranger wrote:
Guy you are more radical than Mitt Romney at least he was only willing to give up 47%. The takers not the makers, I know.


Unlike a politician, we don't need 50% (+1) market share to survive.

The Lone Ranger wrote:
So you would kill off 70% of the industry just for your one little brand. Don't be surprised if 70% plus of the hosts tell you and your company to take a hike. The hosts won't even have to tell you, their venues will tell them to stop using your product, even if the hosts is inclined to defend you. That is 70% of your potential market, where will be your profits.


We're not getting that anyway. 95% of the demand for SC's product is being satisfied by people who steal it. 30% would be a big improvement over 5% as it is now. If 70% want to cut off their noses to spite their faces, that's not our problem.

There are three ways to deal with SC's product:

1) Use it as intended, on original discs.
2) Get permission for the media shift through the established process.
3) Don't use the product.

You can pick any one of those three and we will be perfectly happy.

But if you choose the fourth option--using unauthorized non-original media--then you can expect a lawsuit sooner or later. It's a simple matter. So when you and Smooth whine all day about how you're boycotting SC, you're not hurting us. While we'd love for you to use the product under option 1 or option 2, we are also happy for you to avail yourself of option 3. It's a good product, but it's not for everybody.


You, sir, are a hat!! Basically, your head is so far up the butt of your client, you have become a hat. The product is NOT that great, and the more recent stuff actually verged on sucking. There are mfrs out now who are getting WAY ahead of SC in quality and in content. Y'all have missed the boat. Here are YOUR options:

1. Cut the crap and get back to the business of making music.
2. Close your doors, sell the catalog, and go find something else to do.
3. Modernize your method of delivery and get with the rest of the karaoke world. If you have to pay more for licensing then do it, and make your old customers happy, and maybe make a whole ton of NEW customers.

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Smoothedge69 wrote:
You, sir, are a hat!! Basically, your head is so far up the butt of your client, you have become a hat. The product is NOT that great, and the more recent stuff actually verged on sucking. There are mfrs out now who are getting WAY ahead of SC in quality and in content. Y'all have missed the boat. Here are YOUR options:

1. Cut the crap and get back to the business of making music.
2. Close your doors, sell the catalog, and go find something else to do.
3. Modernize your method of delivery and get with the rest of the karaoke world. If you have to pay more for licensing then do it, and make your old customers happy, and maybe make a whole ton of NEW customers.


See, here's the thing...we're not seeking to use any of your property, so you're not in a position to dictate terms to us. The same can't be said of the people who are using SC's property. It really is that simple.


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HarringtonLaw wrote:
The Lone Ranger wrote:
Guy you are more radical than Mitt Romney at least he was only willing to give up 47%. The takers not the makers, I know.


Unlike a politician, we don't need 50% (+1) market share to survive.

The Lone Ranger wrote:
So you would kill off 70% of the industry just for your one little brand. Don't be surprised if 70% plus of the hosts tell you and your company to take a hike. The hosts won't even have to tell you, their venues will tell them to stop using your product, even if the hosts is inclined to defend you. That is 70% of your potential market, where will be your profits.


We're not getting that anyway. 95% of the demand for SC's product is being satisfied by people who steal it. 30% would be a big improvement over 5% as it is now. If 70% want to cut off their noses to spite their faces, that's not our problem.

There are three ways to deal with SC's product:

1) Use it as intended, on original discs.
2) Get permission for the media shift through the established process.
3) Don't use the product.

You can pick any one of those three and we will be perfectly happy.

But if you choose the fourth option--using unauthorized non-original media--then you can expect a lawsuit sooner or later. It's a simple matter. So when you and Smooth whine all day about how you're boycotting SC, you're not hurting us. While we'd love for you to use the product under option 1 or option 2, we are also happy for you to avail yourself of option 3. It's a good product, but it's not for everybody.


I might not have a choice if I wanted to use your product, the venue owner might tell not to use it. You have done such a good job scaring everyone. Just for the record I wouldn't use your product if you paid me. Have a nice night.


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PostPosted: Thu Dec 13, 2012 5:48 pm 
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HarringtonLaw wrote:
Smoothedge69 wrote:
You, sir, are a hat!! Basically, your head is so far up the butt of your client, you have become a hat. The product is NOT that great, and the more recent stuff actually verged on sucking. There are mfrs out now who are getting WAY ahead of SC in quality and in content. Y'all have missed the boat. Here are YOUR options:

1. Cut the crap and get back to the business of making music.
2. Close your doors, sell the catalog, and go find something else to do.
3. Modernize your method of delivery and get with the rest of the karaoke world. If you have to pay more for licensing then do it, and make your old customers happy, and maybe make a whole ton of NEW customers.


See, here's the thing...we're not seeking to use any of your property, so you're not in a position to dictate terms to us. The same can't be said of the people who are using SC's property. It really is that simple.

Actually, that isn't altogether true, now is it. In a way you WOULD like to use MY property for free advertising of YOUR product. Every time a SC logo is shown it is free advertising for your client. NOW, that being said, I CAN dictate my terms to you, if you or your client want me to spend money on your client's products, so you can get that free advertising.

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PostPosted: Fri Dec 14, 2012 6:48 am 
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HarringtonLaw wrote:
95% of the demand for SC's product is being satisfied by people who steal it.



Maybe it is time to think of some kind of exist plan, it would seem you are losing the war very badly. In order to win a war you need to win the hearts and minds of the people you are trying to help. All your actions are doing is poisoning the well so badly for SC that no hosts or venues will want to carry or use your product. You are the only manu out here jumping up and down, you are not the 800 pound gorilla in the room, just a little chip trying to make as much trouble as you can. Have a nice day.


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