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PostPosted: Tue Apr 30, 2013 3:57 am 
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Show me anywhere where I said possession of discs was the only way to show ownership of music. That would be a pretty stupid statement. I have said media shifting without permission is illegal but never said the only proof of ownership is possession of discs. I have no problem with the way SC protects its TM.

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PostPosted: Tue Apr 30, 2013 8:53 am 
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JoeChartreuse wrote:
BTW- Nothing to do with SC, but a download host would have a harder time proving purchase in good faith than one who owns the disc, should the sleeping giants ( publishers/owners) ever awaken. Doesn't mean the disc owner would be immune, but owning the mfrs. discs would at least shift some of the liability.


I disagree. I have an email folder with every receipt, disc or download. I am sure that none of the download sites would even need that list as they have their own records. Two of them make that list available to me and I can even download again later if I need to.


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PostPosted: Wed May 01, 2013 11:23 pm 
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timberlea wrote:
Show me anywhere where I said possession of discs was the only way to show ownership of music. That would be a pretty stupid statement. I have said media shifting without permission is illegal but never said the only proof of ownership is possession of discs. I have no problem with the way SC protects its TM.


While it may have been a stupid statement, this is where I got it from, as stated on another thread:

"Well if an original disc is lost, stolen, sold, or destroyed, then you no longer own it, just like anything else you own that got lost, stolen, sold, or destroyed. You no longer own it.

As asked on the other thread- if that's not what you meant, please explain....

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PostPosted: Wed May 01, 2013 11:32 pm 
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MrBoo wrote:
JoeChartreuse wrote:
BTW- Nothing to do with SC, but a download host would have a harder time proving purchase in good faith than one who owns the disc, should the sleeping giants ( publishers/owners) ever awaken. Doesn't mean the disc owner would be immune, but owning the mfrs. discs would at least shift some of the liability.


I disagree. I have an email folder with every receipt, disc or download. I am sure that none of the download sites would even need that list as they have their own records. Two of them make that list available to me and I can even download again later if I need to.



Problem is, you can have a receipt from any download site, but that doesn't mean that either the karaoke producer, the publisher/owner/ or artist got paid for it, and- as previously stated- that you have any licensing at all for use in a U.S. based show.

With a disc, at least you could prove that you bought in good faith, and believed that the producer distributed licensed material ( whether they did or not). You would be able to deflect liability. Not so with downloads.

On top of that, a download is a transfer, but cannot be used until the downloader CREATES a file for it. Once he/she does, they have full licensing responsibility for the file that THEY CREATED. That's why mfr.s love downloaders- it's no longer their responsibility. It's the DOWNLOADER's file- hence, his/her butt.

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PostPosted: Thu May 02, 2013 1:18 am 
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You can't buy a download in 'good faith'? How many disc manus out there SGB, Backstage, Nu-tech, etc....are pretty much known to be illegally produced, that doesn't stop ODB users???? I disagree with your theory. Just because it's on disc, doesn't make it any more legit than a download or give anymore comfort that the publishers/artists/etc got paid for it just because it's on a disc - means squat.

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PostPosted: Thu May 02, 2013 6:08 am 
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JoeChartreuse wrote:
On top of that, a download is a transfer, but cannot be used until the downloader CREATES a file for it. Once he/she does, they have full licensing responsibility for the file that THEY CREATED. That's why mfr.s love downloaders- it's no longer their responsibility. It's the DOWNLOADER's file- hence, his/her butt.


Back again with this old BS? Nothing in this paragraph is true, as has been proven over a dozen times.

Why do you continue to spout nonsense?


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PostPosted: Thu May 02, 2013 6:48 am 
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Lonman wrote:
You can't buy a download in 'good faith'? How many disc manus out there SGB, Backstage, Nu-tech, etc....are pretty much known to be illegally produced, that doesn't stop ODB users???? I disagree with your theory. Just because it's on disc, doesn't make it any more legit than a download.


Very true Lonman

I posted last year about seeing several "cases" of SGB discs in a garage south of me in San Pedro..

No way they were legal.. but they were shrink wrapped and had the correct J Cards.

A wonder where those discs are now? :mrgreen: :mrgreen: :mrgreen:


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PostPosted: Thu May 02, 2013 10:19 am 
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That's right Joe, when an original disc is gone, it's gone. Now I don't know if a download karaoke company will replace your downloads if your computer crashes and the files are lost. Some may, some may not, and then there may be the question of proof. I don't know what their policies are.

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PostPosted: Thu May 02, 2013 10:34 am 
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The two I deal with both allow you to download as many times as you like and with no time limit that I know of. I haven't tried it but I think you could go back and download different formats if they exist for that track.


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PostPosted: Thu May 02, 2013 11:47 am 
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MrBoo wrote:
The two I deal with both allow you to download as many times as you like and with no time limit that I know of.

Karaoke Version is like that.
Selectatrack has a 48 hour time limit if i'm not mistaken.

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PostPosted: Thu May 02, 2013 4:45 pm 
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Lonman wrote:
MrBoo wrote:
The two I deal with both allow you to download as many times as you like and with no time limit that I know of.

Karaoke Version is like that.
Selectatrack has a 48 hour time limit if i'm not mistaken.

As are Teicerasoft and Digitrax

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PostPosted: Sun May 05, 2013 4:35 pm 
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Tricerasoft only gives you a month to reclaim your purchase.

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PostPosted: Mon May 06, 2013 12:01 am 
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Danny,

It appears their policy has changed. I was just given the option to download a song I had purchased over two years ago. Looks to be about the time they switched over to the credit system, so I would assume their record keeping has changed (if you're buying credits) and they now have a record of your purchases if you have an account with them.


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PostPosted: Mon May 06, 2013 2:17 am 
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KarenB wrote:
Danny,

It appears their policy has changed. I was just given the option to download a song I had purchased over two years ago. Looks to be about the time they switched over to the credit system, so I would assume their record keeping has changed (if you're buying credits) and they now have a record of your purchases if you have an account with them.


i must have started buying from them after the change, i did not know them when they had that limit on the downloads.

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PostPosted: Thu May 09, 2013 11:45 pm 
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Keep forgetting to post this:

SC has long denied that THEY offered downloads, though they say that some sites offered them without authorization- something Timberlea seemed to agree with-which would make this thread moot in regard to them.

Here's the problem with SC's statement, which I have mentioned is completely false-

If one happens to have the original jewel case and print that comes with it from a few years ago, one would find printed on the liner the following:

"KARAOKE DOWNLOADS - Thousands of our karaoke tracks are now available on many of the music download sites for 99 cents or less! Please visit http://www.soundchoice.com/downloadsites to access any of the sites. Now is the time to download your favorite karaoke songs and take those great songs with you."

Not only was this printed on the liners of THEIR discs, but note that they tell you to access the sites through THEIR site!

So, now that we know that SC in fact DID authorize sites to offer downloads of their tracks despite false claims to the contrary- NOW it seems that SC's "1:1" policy of having a disc for every track means that their customers who downloaded any of those thousands of tracks that they offered through the AUTHORIZATION given to above mentioned sites are screwed, since SC doesn't seem to accept receipts as proof of ownership of missing discs.

Either that or they WILL accept receipts as proof of ownership, even though the holder may have sold off the discs and kept the receipts.

Wonder which one it is....?

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PostPosted: Fri May 10, 2013 5:56 am 
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What does a receipt for the purchase of a Sound Choice Foundation pack do for you if you no longer have possession of the Foundation pack?

The receipt should not allow someone to use burned copies of the originals if the originals no longer exist regardless of what the circumstances are.

This is why I question disc based hosts who burn copies, then store the copies and use the originals for regular work. Why jeopardize the original when you have a viable copy that can be recreated? Once the original is gone, the copies are invalid.

-Chris

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PostPosted: Fri May 10, 2013 9:33 am 
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chrisavis wrote:
What does a receipt for the purchase of a Sound Choice Foundation pack do for you if you no longer have possession of the Foundation pack?

The receipt should not allow someone to use burned copies of the originals if the originals no longer exist regardless of what the circumstances are.

This is why I question disc based hosts who burn copies, then store the copies and use the originals for regular work. Why jeopardize the original when you have a viable copy that can be recreated? Once the original is gone, the copies are invalid.

-Chris


I started a new thread to discuss your last paragraph in more detail. It is difficult to see the difference in shifting to hard drive as opposed to CDs, in regards to manufacturer sales. The significant benefit of shifting to hard drive over CDs would seem to be ease and time of use, which does not present a loss to manufacturers. It would almost seem prejudicial that if anyone is using non-original CDs and it is not discovered in some investigation, that they would be allowed to continue unabated, just because it is not as easy to detect. If there has been some kind of blanket "permission" give to folks to do CD backups, and it is determined that it is no different than hard drive backups, one might be able to assume that the blanket "permission" might be rescinded, which could create a whole different sect of "manufacturer haters"...


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PostPosted: Fri May 10, 2013 10:10 am 
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JoeChartreuse wrote:
Keep forgetting to post this:

SC has long denied that THEY offered downloads, though they say that some sites offered them without authorization- something Timberlea seemed to agree with-which would make this thread moot in regard to them.

Here's the problem with SC's statement, which I have mentioned is completely false-

If one happens to have the original jewel case and print that comes with it from a few years ago, one would find printed on the liner the following:

"KARAOKE DOWNLOADS - Thousands of our karaoke tracks are now available on many of the music download sites for 99 cents or less! Please visit http://www.soundchoice.com/downloadsites to access any of the sites. Now is the time to download your favorite karaoke songs and take those great songs with you."

Not only was this printed on the liners of THEIR discs, but note that they tell you to access the sites through THEIR site!

So, now that we know that SC in fact DID authorize sites to offer downloads of their tracks despite false claims to the contrary- NOW it seems that SC's "1:1" policy of having a disc for every track means that their customers who downloaded any of those thousands of tracks that they offered through the AUTHORIZATION given to above mentioned sites are screwed, since SC doesn't seem to accept receipts as proof of ownership of missing discs.

Either that or they WILL accept receipts as proof of ownership, even though the holder may have sold off the discs and kept the receipts.

Wonder which one it is....?


Joe, those downloads were licensed for private home use only. They were not licensed for commercial use. We have never said downloads weren't offered. We have said they were never offered for commercial use. If you use a downloaded SC track in a commercial show, you are violating the terms of use of that track.


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PostPosted: Fri May 10, 2013 10:50 am 
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This is just a question and I assume their is a logical response but ... if the liner actually did say "Now is the time to download your favorite karaoke songs and take those great songs with you.", wouldn't that seem to suggest you could take them to your local karaoke bar and have your host play them?

I know, I know, it's silly of me not to see that it is referring to "home use" only and if you did indeed visit the Soundchoice website it would clearly have stated such. As I am sure the sites themselves clearly had it for all to see.

That's why McD's has to put on each cup of coffee "May be HOT". If the liner had said "Now is the time to download your favorite karaoke songs and take those great songs with you to your friends house but not to a commercially run show" then this point would be moot.

Save your attacks for another poster please. I am just confused by all of the rhetoric : ) You can, you could, you can't, we mean, we meant, we don't know what we mean, we said that, we didn't say that, we said it but we meant to say ... Thanks for your time.


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PostPosted: Fri May 10, 2013 10:59 am 
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djjeffross wrote:
This is just a question and I assume their is a logical response but ... if the liner actually did say "Now is the time to download your favorite karaoke songs and take those great songs with you.", wouldn't that seem to suggest you could take them to your local karaoke bar and have your host play them?

I know, I know, it's silly of me not to see that it is referring to "home use" only and if you did indeed visit the Soundchoice website it would clearly have stated such. As I am sure the sites themselves clearly had it for all to see.

That's why McD's has to put on each cup of coffee "May be HOT". If the liner had said "Now is the time to download your favorite karaoke songs and take those great songs with you to your friends house but not to a commercially run show" then this point would be moot.

Save your attacks for another poster please. I am just confused by all of the rhetoric : ) You can, you could, you can't, we mean, we meant, we don't know what we mean, we said that, we didn't say that, we said it but we meant to say ... Thanks for your time.



Potentially misleading advertising is not a new tactic. As unfortunate as it seems in those type of situations, in most cases the burden is still on the consumer to use the goods they purchase within any applicable laws. However, there are plenty of situations where such advertising has been deemed misleading enough to not only put the manufacturer in a position of liability for its use in such manners, but also considered misleading for the purpose of increased sales, making said sales ill-gotten...


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