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BruceFan4Life
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Posted: Tue Dec 18, 2012 3:42 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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I'm just wondering if these KJs who paid the crooked lawyer got a Gem Series for the money, or if they just got ripped off and will now have to pay again if they want a Gem Series?
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JimHarrington
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Posted: Tue Dec 18, 2012 5:11 pm |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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BruceFan4Life wrote: I'm just wondering if these KJs who paid the crooked lawyer got a Gem Series for the money, or if they just got ripped off and will now have to pay again if they want a Gem Series? Unless you're one of the affected persons, why would you care? For the record, any defendant whose settlement agreement called for delivery of product and who paid according to the settlement agreement will receive that product.
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dave
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Posted: Tue Dec 18, 2012 7:15 pm |
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Senior Poster |
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Joined: Mon Jul 02, 2012 5:35 pm Posts: 130 Been Liked: 10 times
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I hope you lawyers and manus realize that most K.J.s or D.J.s that really have legit music (not just claim to)would not mind a fee-monthly --quarterly-yearly as long as you people would be at least serious about your product. Is there any other product or service in the U.S. that allows this theft to go on. come on get serious.Bar owners are even doubting your efforts(even bars that invested in legal karaoke) I think you manus and lawyers are just a bunch of nothing doing nothing. Pathetic is the best word--sorry moderators--that isnt a slam--thats just the facts. Feeble is another word that comes to mind. The rest of the descriptions that fit you people would surely get me banned even though they are true. All this worthless blah blah blah blah Can I add Dweebs
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Cueball
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Posted: Tue Dec 18, 2012 8:32 pm |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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dave wrote: I hope you lawyers and manus realize that most K.J.s or D.J.s that really have legit music (not just claim to)would not mind a fee-monthly --quarterly-yearly as long as you people would be at least serious about your product. Excuse me?????????????? Since I own all of my tracks legitimately, and I am an ODB KJ, I most certainly WOULD MIND paying a fee for discs that I already purchased. I suggest that you speak for yourself, and not others. WHY do you think I wouldn't mind paying a fee?
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dave
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Posted: Tue Dec 18, 2012 8:51 pm |
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Joined: Mon Jul 02, 2012 5:35 pm Posts: 130 Been Liked: 10 times
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Cueball I think most legit K.J.s if it meant really a serious effort to end piracy would not mind kicking in.Of course they are not serious but if they were.Just in my area (within 10 miles)there are 9 pirates and only 3 legits.If we go 80 miles out we have 150 pirates.Do the numbers.Look at all that extra work.If the manus and lawyers really took it seriously we would be back to the gold rush of the 90s.You might have to kick in but in the long view look at the benefit. Of course I dont think the manus or lawyers are serious.
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mightywiz
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Posted: Tue Dec 18, 2012 9:50 pm |
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Joined: Thu Jul 07, 2011 12:35 pm Posts: 1351 Images: 1 Location: Idaho Been Liked: 180 times
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I wouldn't want to "kick in" just cause i'm legit......
I ALREADY PAID WHEN I BOUGHT MY DISC'S!
it's not my job to protect the manu's interests.... nor should it be anyone else...
i do my part by reporting the pirates, but that's it.
whether sound choice, pop hits monthly, or digitrax act upon the given free info about illegal use is up to them.
_________________ It's all good!
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JoeChartreuse
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Posted: Tue Dec 18, 2012 10:59 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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cueball wrote: JoeChartreuse wrote: HarringtonLaw wrote: ...
. 2) Here's the bottom line: We're going to do what we're going to do. That means (a) continuing to pursue karaoke pirates from small, one-rig operators up to the largest distributors of pirated hard drives,...
... 2) Hmmm. When did SC start pursuing pirates (actual music theives)? As far as I know, they only sue for Trademark Infringement based solely on the display of their logo from a computer source, with no mention in any case of music theft, except in the miniscule amount of CL HD cases that they have brought up... Joe... The OPERATIVE words here are As far as I know,In Jame's defense, you don't know everything that James is pursuing on SC's behalf. Not everything is posted in those Law Sites (where you folks pull up current cases of interest). James has already posted (several times) that he is not at liberty to post every single thing that SC has done, and what they are continuing to pursue. It's already been made abundantly clear that we don't all agree with SC's methods. But, while it may not be evident to us, it doesn't mean that they aren't doing anything. I sit corrected Cue, and claim exhaustion at the time of the post. As far as I know, Trademark Infringement is the only basis claimed for their suits, not track theft (Piracy). On the other hand, since I know of no evidence ( there's that pesky word again) to the contrary, and since Kurt has stated that fighting piracy is NOT SC's priority, I certainly fully BELIEVE that none of SC's actions are designed with the purpose of fighting piracy being uppermost.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
Last edited by JoeChartreuse on Wed Dec 26, 2012 12:46 am, edited 2 times in total.
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Smoothedge69
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Posted: Tue Dec 18, 2012 11:43 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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dave wrote: Cueball I think most legit K.J.s if it meant really a serious effort to end piracy would not mind kicking in.Of course they are not serious but if they were.Just in my area (within 10 miles)there are 9 pirates and only 3 legits.If we go 80 miles out we have 150 pirates.Do the numbers.Look at all that extra work.If the manus and lawyers really took it seriously we would be back to the gold rush of the 90s.You might have to kick in but in the long view look at the benefit. Of course I dont think the manus or lawyers are serious. Yeah, really Dave, I have no interest in paying SC's legal fees, but thanks for your concern.
_________________ I am the ONLY SANE 1 HERE
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Paradigm Karaoke
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Posted: Tue Dec 18, 2012 11:51 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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JoeChartreuse wrote: I sit corrected Cue, and claim exhaustion at the time of the post. As far as I know, Copyright Infringement is the only basis claimed for their suits, not track theft (Piracy). small correction, it is TRADEMARK, not copyright. they can not sue for copyright infringement as that has been covered long ago by the courts, RIAA, and the like. all they CAN sue for is putting an SC logo on lawfully copied tracks.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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MrBoo
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Posted: Wed Dec 19, 2012 4:39 am |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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The only way a true certification program would work is if it were part of an association operated independently of the manus. Manus that wanted in would pay an annual fee to have their products certified and in the certification process. KJ's would pay an initial fee to go through the certification process where the result is either certified or not. If not, they would need to make corrections and either provide proof if the corrections were minor or pay to go through the process again if it was more than a certain percentage of their library. Clubs, bars and restaurants could also pay annual fees and only hire certified members.
The association would do things like advertise for the clubs that are members. In this case, everyone gets something for their membership fees. Manus would get sales based off of fellow KJ members, KJ members would be a much more exclusive set which would eliminate the pirates and wanna be's. Clubs would gain free advertising. Manus and KJs would also get something else, because if enough clubs became members, the use of those pirated drives would dwindle by attrition.
There could be lots of additional services for all three. KJ's could be listed, including their libraries and where they are playing. Singers could be pointed to places to purchase their own tracks from member manus. There are probably lots of other things I am missing here...
What this does is shift karaoke from being a fly by night operation to being organized. let's face it, three quarters of the issues are do to lack of organization and that includes the pirates. But people are not going to sign up if it is run by the manus. I won't.. In this case, I wouldn't mind paying an annual fee. Part of the renewal is submitting proof of any additional tracks you've purchased. Of course this could be an on going thing if a KJ wanted their library listings up to date.
The fees would all be needed for the operating costs of the association and regional staffs would need to work together as a single entity.
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JoeChartreuse
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Posted: Sun Dec 23, 2012 12:28 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: JoeChartreuse wrote: 1) OOOO, THAT's interesting. Which of SC's vendors "misappropriated" 200K, and how? Or did SC simply lose another court case to a publisher/owner?
Considering SC has never lost a first court case to a publisher, it would be impossible for it to lose "another" court case to a publisher. The two vendors in question were APS & Associates and Donna Boris, who between them have misappropriated more than $200,000 (that we know of) in funds belonging to Slep-Tone. Legal action is pending. JoeChartreuse wrote: 2) Hmmm. When did SC start pursuing pirates (actual music theives)? As far as I know, they only sue for Copyright Infringement based solely on the display of their logo from a computer source, with no mention in any case of music theft, except in the miniscule amount of CL HD cases that they have brought up.. Was there a sudden recent change to SC's actions? First, SC doesn't sue for copyright infringement. Second, SC has always pursued "actual music thieves," to use your term. SC's efforts were instrumental in taking down Sonny Freeman in 2008 (convicted of criminal copyright infringement) and Bill Bene (convicted earlier this year of income tax evasion arising from the unreported sale of pirated karaoke music). On the civil side, SC has targeted four major sellers of preloaded hard drives or other equipment. Third, all of the actions with which you are familiar are not "based solely on the display of their logo from a computer source." The lawsuits are based upon the commercial use of unauthorized media-shifted duplicates of karaoke accompaniment tracks, which duplicates were not made by SC, but which duplicates carry the SC logo and are thus counterfeit. The display of the logo is incidental to and indicative of the infringement, but the infringement itself is the commercial use of the counterfeit tracks by making them available to customers (bars and other venues) and patrons. Sadly, I have explained this to you many times, yet you continue to refuse to understand--which suggests to me that the advice you claim to have received is based upon your attorneys' incorrect understanding of what these lawsuits are about, and that the comments you have made on this subject are just disinformation. This is not a difficult concept. Thank you for the information regarding the 200K. Sadly, I have posted several times that Kurt has stated that fighting piracy is not SC's PRIORITY, yet you continue to refuse to understand that this does not exclude actually going after a pirate on occasion- especially if there is a possibility of financial gain- and I have no problem with that. I understand that nailing someone who is a blatant pirate is a gimme. Incredibly, you now state that SC does not sue for Trademark infingement?!? I'll bet that is news to everyone here on BOTH sides of the debates- especially if they have read the suits or looked them up on line. Now, as far as the display of the logo from a PC source: "The THE DISPLAY OF THE LOGO is incidental to and indicative of the INFRINGEMENT". So, as I said, you use said display as a basis for your suits, which are infringement suits. Yes, you claim that media shifted product is counterfeit ( doesn't fit the description) but then you also claim that if SC gives permission, suddenly said alleged counterfeits are magically changed to factory product.. Heck, you folks are the Houdini of the karaoke industry.....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
Last edited by JoeChartreuse on Wed Dec 26, 2012 12:48 am, edited 1 time in total.
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MtnKaraoke
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Posted: Sun Dec 23, 2012 4:19 am |
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Joined: Thu Aug 05, 2010 1:40 pm Posts: 1052 Images: 1 Been Liked: 204 times
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Joe...
"Incredibly, you now state that SC does not sue for copyright infingement?!? I'll bet that is news to everyone here on BOTH sides of the debates- especially if they have read the suits or looked them up on line."
When I read that I had to ask myself; where's the disconnect?
The crucial term here is copyright.
SC sues for trademark infringement.
This is any instance of unauthorized duplication, display and/or commercial use of their federally registered trademark.
It is clear that the owners of the trademark can authorize the duplication, display and/or commercial use of their trademark. They also have the right to determine the conditions under which they will authorize said use.
It is not news to me and I have a base level of expectation that most of us have grasped this concept.
_________________ Never the same show twice!
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The Lone Ranger
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Posted: Mon Dec 24, 2012 7:26 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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MtnKaraoke wrote: Joe...
"Incredibly, you now state that SC does not sue for copyright infingement?!? I'll bet that is news to everyone here on BOTH sides of the debates- especially if they have read the suits or looked them up on line."
When I read that I had to ask myself; where's the disconnect?
The crucial term here is copyright.
SC sues for trademark infringement.
This is any instance of unauthorized duplication, display and/or commercial use of their federally registered trademark.
It is clear that the owners of the trademark can authorize the duplication, display and/or commercial use of their trademark. They also have the right to determine the conditions under which they will authorize said use.
It is not news to me and I have a base level of expectation that most of us have grasped this concept. The whole question of what SC sues for is going to be unimportant as the new year unfolds. It is very doubtful that SC will be suing hosts, since they will be playing defense, with all the counter suits that will be filed against them by injured defendants, and a former contractor, and his sub-contractors. The topic will turn to does SC have the financial resources to survive the coming counter suits they will be hit with? I don't think James will be attending too many karaoke shows, if he continues to represent SC. His 80 hour work week could double, then he would be making $48,000 a week. Won't be much time for sleeping, however, have a nice day Mtn.
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JoeChartreuse
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Posted: Wed Dec 26, 2012 12:40 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Paradigm Karaoke wrote: JoeChartreuse wrote: I sit corrected Cue, and claim exhaustion at the time of the post. As far as I know, Copyright Infringement is the only basis claimed for their suits, not track theft (Piracy). small correction, it is TRADEMARK, not copyright. they can not sue for copyright infringement as that has been covered long ago by the courts, RIAA, and the like. all they CAN sue for is putting an SC logo on lawfully copied tracks. You are correct, as is Mtn. . A mis-type on my part, with a misunderstanding following. I have corrected my original posts. Please note that the correction has absolutely no bearing on my original point. SC is not litigating against piracy (track theft), therefore their suits are not anti-piracy suits, and never have been. THEY have stated this themselves, as well as the fact that it's not even their priority. So why is it that certain KJs continue to credit them with a mythological "Fight Against Piracy"? They do virtually nothing to that end, and seem to be doing less as the courts blow them off.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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The Lone Ranger
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Posted: Wed Dec 26, 2012 6:16 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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JoeChartreuse wrote: Paradigm Karaoke wrote: JoeChartreuse wrote: I sit corrected Cue, and claim exhaustion at the time of the post. As far as I know, Copyright Infringement is the only basis claimed for their suits, not track theft (Piracy). small correction, it is TRADEMARK, not copyright. they can not sue for copyright infringement as that has been covered long ago by the courts, RIAA, and the like. all they CAN sue for is putting an SC logo on lawfully copied tracks. You are correct, as is Mtn. . A mis-type on my part, with a misunderstanding following. I have corrected my original posts. Please note that the correction has absolutely no bearing on my original point. SC is not litigating against piracy (track theft), therefore their suits are not anti-piracy suits, and never have been. THEY have stated this themselves, as well as the fact that it's not even their priority. So why is it that certain KJs continue to credit them with a mythological "Fight Against Piracy"? They do virtually nothing to that end, and seem to be doing less as the courts blow them off. The reason certain KJ's continue to believe that SC's quest is important, is due to their fear and in some cases hatred of the pirates. It is easy to hate a group who you feel is under cutting your business, and stealing work away from you, by using unfair competition in the form of an illegal library. To these hosts the only company that has tried to do anything, is SC and they were hoping they would somehow benefit. Who I feel has been impacted the most are the marginal hosts, whose only edge is they paid for their product, and want to eliminate all hosts they feel have gotten a free ride. No host gets a free ride, it is not just the music product, or a particular label the insures a hosts success or failure. It is very easy to blame others and not look inside yourself, and try to improve the show. Make it worth the kind of money most hosts want to earn. Another thing I don't think most hosts take into consideration is the decline over several decades of the middle class in this country, and more recently the economic downturn of the last, now going on 5 years. Most of the venues out here are struggling and the first place they generally tend to cut is entertainment. That is why the host hast to be clever and find a way with the venue owner to structure the pay you receive according to the level of business you generate for the particular venue.
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timberlea
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Posted: Wed Dec 26, 2012 4:16 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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Maybe not, but your profit margin is much larger when you use stolen products.,
_________________ You can be strange but not a stranger
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BruceFan4Life
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Posted: Wed Dec 26, 2012 4:37 pm |
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Super Duper Poster |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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Yeah! like those athletes that take steroids. They have an unfair advantage, yet their fellow athletes never seem to rat them out. They just try harder to succeed against them. They leave it up to the league executives to catch and punish the cheaters.
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timberlea
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Posted: Wed Dec 26, 2012 4:55 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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You never heard of Lance Armstrong, eh. They're starting to rat each other out.
_________________ You can be strange but not a stranger
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BruceFan4Life
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Posted: Wed Dec 26, 2012 4:59 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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timberlea wrote: You never heard of Lance Armstrong, eh. They're starting to rat each other out. he was just trying to make up for losing his testosterone pruducing testicle.
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The Lone Ranger
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Posted: Thu Dec 27, 2012 3:19 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: Maybe not, but your profit margin is much larger when you use stolen products., How can the profit margin be larger, if as most hosts believe the pirates under cut the rates charged, bringing down hosts wages per gig in general?
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