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PostPosted: Mon Sep 30, 2013 8:54 am 
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HarringtonLaw wrote:
The Lone Ranger wrote:
8) That's all well and good Jim, but you couldn't even tag the Kandy Store with trademark infringement and they were selling preloaded hard drives. If you can't convince a judge and jury that all the elements of infringement did occur in a whole sale seller of hard product, how are you ever going to make it fly for a mom and pop single rig operator? They are not selling any hard product. The burden of proving damages is on the plaintiff, so far at worse that is the fair retail value of the product. At least according to the judge in Panama City Florida case, which you appealed and his settlement award was upheld. Here is one for you Jim 50% or more of my patrons bring their own discs which I play. If they should happen to give me a SC disc to play and your logo is displayed am I liable? If I don't promote SC in my advertising and I have no SC in my books, can I be held responsible for someone giving me a SC disc to play at the show?



If you are playing from original SC disc, you have nothing to worry about.


Except for the fact that you quack investigators will say he was playing it from a computer just because they didn't see the customer give him the disc before the investigator got there.

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PostPosted: Mon Sep 30, 2013 9:14 am 
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HarringtonLaw wrote:
The Lone Ranger wrote:
8) That's all well and good Jim, but you couldn't even tag the Kandy Store with trademark infringement and they were selling preloaded hard drives. If you can't convince a judge and jury that all the elements of infringement did occur in a whole sale seller of hard product, how are you ever going to make it fly for a mom and pop single rig operator? They are not selling any hard product. The burden of proving damages is on the plaintiff, so far at worse that is the fair retail value of the product. At least according to the judge in Panama City Florida case, which you appealed and his settlement award was upheld. Here is one for you Jim 50% or more of my patrons bring their own discs which I play. If they should happen to give me a SC disc to play and your logo is displayed am I liable? If I don't promote SC in my advertising and I have no SC in my books, can I be held responsible for someone giving me a SC disc to play at the show?


If you are playing from original SC disc, you have nothing to worry about.


8) Just how would SC go about proving what type of disc was used? They would have to call in all of the patrons and have them show their discs in court.


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PostPosted: Mon Sep 30, 2013 9:36 am 
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mrmarog wrote:
HarringtonLaw wrote:
rickgood wrote:
I'd like to see a judge in a courtroom view a Sound Choice karaoke track played from a disc and then view one ripped and played from a computer and have him describe the differences and how he is confused by it to the point of a lawsuit....

I guess this point needs refreshing.

1. The track from the computer hard drive was not made by SC. (SC doesn't make tracks on hard drives.)

2. The track from the computer is marked with the SC trademarks, which indicate falsely (see above) that SC is the origin of the track.

3. Therefore, there is a likelihood of confusion based on the false designation of the origin of the computer-based track.

It is not a question of comparison track-for-track. It is a question of SC's trademark appearing on a track it did not physically make.

I have been associated with karaoke as a listener, singer and host since 1989 and I have never, not even for a second, thought that the host was somehow associated with the manufacturing or creation of the tracks being played. Furthermore I have never met or spoken with anyone, before during or after a karaoke show, that thought that the host was somehow associated with the creation of the tracks being played. How stupid would a judge have to be to think that someone could possibly be "confused"?...


mrmarog wrote:
HarringtonLaw wrote:

That's precisely the point, and your statements above show exactly why there is confusion. The host is not merely "associated with" the manufacturing of the tracks being played. He is, in fact, the manufacturer of those tracks. He, not SC, was the one who caused his computer to read information from a disc (or, more frequently, from someone else's hard drive) and write his own version of that information to the hard drive. He then uses the hard drive HE CREATED to put on shows.

But it has SC's trademarks on those tracks.

If he uses the discs SC created, great. No problems at all.

If he gets SC's permission to make tracks, with appropriate controls (audit, obligation to report additional media-shifting, applying SC trademarks only to tracks copied from original SC media, etc.), that bear the SC trademarks, no problem.

But putting SC's trademarks on tracks he created, without permission, is trademark infringement.

All parties in attendance at every karaoke show I've ever been at have been entertained regardless of method of display, and have never left the venue scratching their heads in a confused state as to whether it "was real or was it Memorex".

I realize legal jargon has many interpretations of commonly used words, but how could your idea of confused be so "confusing"? Now I'm confused and I'm not even at a karaoke show.....


As a Karaoke Singer/Hobbyist, if I were to see the SC logo come up on the screen, I would not be thinking that the KJ made/created/manufactured that particular track (regardless of whether it was played from a disc or a PC). As a Karaoke Singer/Hobbyist who knows one brand from the next, all I would think is that the track was done/made/created by SC (again, regardless of what media it was played from). If anything, if I wanted to obtain that song, I would take notice of what Manufacture it was playing from (in this case, SC), and then try to find out the disc number so that I could purchase it myself. Does anyone see any CONFUSION in that???????????


Last edited by Cueball on Mon Sep 30, 2013 5:50 pm, edited 1 time in total.

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PostPosted: Mon Sep 30, 2013 10:18 am 
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rickgood wrote:
I'd like to see a judge in a courtroom view a Sound Choice karaoke track played from a disc and then view one ripped and played from a computer and have him describe the differences and how he is confused by it to the point of a lawsuit....

If you see the same song played at the exact same time - you can see noticeable differences. Mainly the graphics on the original disc are very tight fonted & more centered on the screen while a ripped track will have edgier fonts and the graphics will tend to fill the screen as most kj's have the extended screen set to expand to width of the screen - and since most tv's now are HD 16:9 ratio and the original discs were made for the 4:3 ratio - there is no getting around the graphic differences. However when having a disc player connected to that same 16:9 aspect tv, the graphics will still remain the same - only more centered with big black bars on each side (or the same color background as the disc) but will not expand the graphics like the computer.
Now that being said anyone NOT knowing what to look for it would just look like a kj playing the song - most likely assuming that the track was from the original disc (unless the kj flat out states they don't own/use original discs).
Plus most of the kj's (actually every one that i've ever seen) that have computer usually use the ammenities in the software - marquee, next people up, little graphics that you can pop up during a songs, etc, this is a dead giveaway that a kj has their songs ripped.

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PostPosted: Mon Sep 30, 2013 11:19 am 
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Lonman wrote:
and since most tv's now are HD 16:9 ratio and the original discs were made for the 4:3 ratio - there is no getting around the graphic differences. However when having a disc player connected to that same 16:9 aspect tv, the graphics will still remain the same - only more centered with big black bars on each side (or the same color background as the disc) but will not expand the graphics like the computer.


You can set most 16:9 tvs to expand the 4:3 format to the width of the screen. It looked worse from my player than it did from the computer generated version. My screens are customizable so I can size them to a 4:3 area and do. But I do agree that the graphics are slightly different, which means I am not confused when I see a player screen versus a computer screen. :mrgreen:


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PostPosted: Mon Sep 30, 2013 12:39 pm 
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HarringtonLaw wrote:
....But putting SC's trademarks on tracks he created, without permission, is trademark infringement.



I'm trying to remember any case ( or any KJ, for that matter) where someone added SC's logo to a track after the fact......

As for whether a media shifted back-up COPY is actually a new creation by the KJ, we will have to see how media shifting plays out in court. I'mhave no opinon on that at this time-though I think downloads may well be KJ created, since no factory made product was used.

However, I do NOT believe that a KJ who shifts ( since no court has brought this to conclusion) any product that they PAID for in good faith is guilty of any wrongdoing (at least at this time), and CERTAINLY is innocent of anything that a karaoke producer ( ex, or otherwise) has to complain about. They got their money on the sale of the product- it's not stolen.

I also keep in mind the oft-posted statement that SC drops anyone who is "1:1" ( a formula that I believe will soon go out the window, BTW) will be dropped from their suit. What keeps gnawing at me is- if a person is "1:1", how could there ever have been any proof or evidence of wrongdoing that would cause them to be sued in the first place? I've never seen a realistic answer for that....

However, in our current litigous and financially frustrated society, some folks will do whatever it takes to make some money, I guess.

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PostPosted: Mon Sep 30, 2013 12:56 pm 
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JoeChartreuse wrote:
HarringtonLaw wrote:
....But putting SC's trademarks on tracks he created, without permission, is trademark infringement.



I'm trying to remember any case ( or any KJ, for that matter) where someone added SC's logo to a track after the fact......


Don't be obtuse.

It's not "after the fact." It's "during the copying."

When the disc is inserted into the computer and read, the computer's ripping software interprets the code on the disc, converts it to another format, and writes it all--music, lyrics, logos, and everything else--to the hard drive. The host is putting SC's trademarks on the copy he made.


JoeChartreuse wrote:
As for whether a media shifted back-up COPY is actually a new creation by the KJ, we will have to see how media shifting plays out in court. I'mhave no opinon on that at this time-though I think downloads may well be KJ created, since no factory made product was used.


It's already been played out in the Supreme Court. Dastar Corp. v. Twentieth Century Fox Film Corp. Your position lost.

JoeChartreuse wrote:
However, I do NOT believe that a KJ who shifts ( since no court has brought this to conclusion) any product that they PAID for in good faith is guilty of any wrongdoing (at least at this time), and CERTAINLY is innocent of anything that a karaoke producer ( ex, or otherwise) has to complain about. They got their money on the sale of the product, it's not stolen, shut up and sit down.

However, in our current litigous and financially frustrated society, some folks will do whatever it takes to make some money, I guess.


Do you think we're just suing people who have all their discs and only media-shifted on a 1:1 basis? Do you think we're targeting people whom we know to be 1:1, just to make some money? We do sue some of those, yes. It's necessary because even at this late date people can't seem to be bothered to follow the policy. But I assure you that we make NO money on the people who pass audits. In fact, we lose money on those. I would do just about anything to ensure we never sued anyone who's 1:1, ever again. It's a waste of time and money--but it's a necessary waste because filing a suit is the only way we have to force people to follow the rules.

(I know, I know--you don't agree that those are the rules. And in support of that, you'll just make up some random principle that has no basis in the law. You're part of the problem, because you give false hope to people who would be far, far better off if they would simply follow the rules.)

I simply do not see how anyone could say, at this point, that they are acting in good faith when they duplicate their discs without getting the necessary permissions--permissions that even you have conceded we have the right to give or withhold. For more than 20 years, all of SC's original media have carried a warning against unauthorized copying. It's pretty much beyond reasonable dispute at this point.


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PostPosted: Mon Sep 30, 2013 1:15 pm 
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HarringtonLaw wrote:
JoeChartreuse wrote:
HarringtonLaw wrote:
....But putting SC's trademarks on tracks he created, without permission, is trademark infringement.



I'm trying to remember any case ( or any KJ, for that matter) where someone added SC's logo to a track after the fact......


Don't be obtuse.

It's not "after the fact." It's "during the copying."

When the disc is inserted into the computer and read, the computer's ripping software interprets the code on the disc, converts it to another format, and writes it all--music, lyrics, logos, and everything else--to the hard drive. The host is putting SC's trademarks on the copy he made.


JoeChartreuse wrote:
As for whether a media shifted back-up COPY is actually a new creation by the KJ, we will have to see how media shifting plays out in court. I'mhave no opinon on that at this time-though I think downloads may well be KJ created, since no factory made product was used.


It's already been played out in the Supreme Court. Dastar Corp. v. Twentieth Century Fox Film Corp. Your position lost.

JoeChartreuse wrote:
However, I do NOT believe that a KJ who shifts ( since no court has brought this to conclusion) any product that they PAID for in good faith is guilty of any wrongdoing (at least at this time), and CERTAINLY is innocent of anything that a karaoke producer ( ex, or otherwise) has to complain about. They got their money on the sale of the product, it's not stolen, shut up and sit down.

However, in our current litigous and financially frustrated society, some folks will do whatever it takes to make some money, I guess.


Do you think we're just suing people who have all their discs and only media-shifted on a 1:1 basis? Do you think we're targeting people whom we know to be 1:1, just to make some money? We do sue some of those, yes. It's necessary because even at this late date people can't seem to be bothered to follow the policy. But I assure you that we make NO money on the people who pass audits. In fact, we lose money on those. I would do just about anything to ensure we never sued anyone who's 1:1, ever again. It's a waste of time and money--but it's a necessary waste because filing a suit is the only way we have to force people to follow the rules.

(I know, I know--you don't agree that those are the rules. And in support of that, you'll just make up some random principle that has no basis in the law. You're part of the problem, because you give false hope to people who would be far, far better off if they would simply follow the rules.)

I simply do not see how anyone could say, at this point, that they are acting in good faith when they duplicate their discs without getting the necessary permissions--permissions that even you have conceded we have the right to give or withhold. For more than 20 years, all of SC's original media have carried a warning against unauthorized copying. It's pretty much beyond reasonable dispute at this point.



8) You mean people who would be far far better off just shunning your product altogether and moving on. For more than twenty years SC has been making product, but other companies have figured out how to stay in business without this legal process of yours Jim. I don't see how SC can be said to be acting in good faith either since they are just as guilty of taking and using product that wasn't paid for, stealing from the publishers. Really with just 31 days left in the business I'm glad I decided to boycott your troublesome product, It seems it was the right business decision at least for me. Well there is still CAVS and EMI looming on the horizon you better pressure as many as these out of court settlements as you can, you are going to need the extra money when some of these other legal problems of yours demand a final payment.


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PostPosted: Mon Sep 30, 2013 1:52 pm 
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MrBoo wrote:
You can set most 16:9 tvs to expand the 4:3 format to the width of the screen. It looked worse from my player than it did from the computer generated version. My screens are customizable so I can size them to a 4:3 area and do. But I do agree that the graphics are slightly different, which means I am not confused when I see a player screen versus a computer screen. :mrgreen:
Oh I agree you can set the tv to expand a 4:3 to fit a 16:9, however most will not go to that length to adjust each tv every time & then reset it & would leave the tv in whichever format is set by the club.

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PostPosted: Mon Sep 30, 2013 5:51 pm 
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HarringtonLaw wrote:

Do you think we're just suing people who have all their discs and only media-shifted on a 1:1 basis? Do you think we're targeting people whom we know to be 1:1, just to make some money? We do sue some of those, yes. It's necessary because even at this late date people can't seem to be bothered to follow the policy. But I assure you that we make NO money on the people who pass audits. In fact, we lose money on those. I would do just about anything to ensure we never sued anyone who's 1:1, ever again. It's a waste of time and money--but it's a necessary waste because filing a suit is the only way we have to force people to follow the rules which were made by SC to be applied to SC product ONLY...
There... I corrected it for you (by adding my own line highlighted in RED.


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PostPosted: Mon Sep 30, 2013 6:07 pm 
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cueball wrote:
HarringtonLaw wrote:

Do you think we're just suing people who have all their discs and only media-shifted on a 1:1 basis? Do you think we're targeting people whom we know to be 1:1, just to make some money? We do sue some of those, yes. It's necessary because even at this late date people can't seem to be bothered to follow the policy. But I assure you that we make NO money on the people who pass audits. In fact, we lose money on those. I would do just about anything to ensure we never sued anyone who's 1:1, ever again. It's a waste of time and money--but it's a necessary waste because filing a suit is the only way we have to force people to follow the rules which were made by SC to be applied to SC product ONLY...
There... I corrected it for you (by adding my own line highlighted in RED.


We get to make the rules regarding consent to using our trademarks. Sorry if that bothers you, but it's the law.


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PostPosted: Mon Sep 30, 2013 7:59 pm 
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Quote:
We get to make the rules regarding consent to using our trademarks. Sorry if that bothers you, but it's the law.


Could you be more specific as to exactly when you set these rules in stone? A date (MM/DD/YYYY) would be helpful. I could swear the rules have changed so many times over the years it's hard to keep up. Depending on which one of the SC sites (do I need to explain?) you went too, you could be led to believe one thing and then visit another and be led to believe something else.

If you would skip over the "It's printed on the CD" part, I'd appreciate it. I'm just giving you a hard time Jim. I could honestly care less. What happens in court is going to happen regardless of all the banter in this forum. Isn't that why they play the games on Sunday? #NFLReference.

I just think it's going to be a tough sell in some court rooms when someone who actually owns the discs (ie: NOT A PIRATE)(ie: A REAL CUSTOMER) and who takes you to the end of the game. "Yes your Honor, I bought these discs and transferred them to my PC for ease of use. Here they are right here". "This SC site said it was OK. They even sold a device themselves saying this was the wave of the future". No your Honor, I didn't realize when they went out of business that they would change their own rules and not tell anyone before they sued me. I was busy running a business with the product I bought from them in "Good Faith".

I don't need an explanation from anyone as to why I'm wrong or what is law ... I'll wait ... something is bound to give sooner or later. Holdem' or Foldem' I always say.


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PostPosted: Mon Sep 30, 2013 11:42 pm 
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HarringtonLaw wrote:

(I know, I know--you don't agree that those are the rules. And in support of that, you'll just make up some random principle that has no basis in the law. You're part of the problem, because you give false hope to people who would be far, far better off if they would simply follow the rules.)


Well put James. The ones who make stuff up like Joe continue to misinform the readership which is definitely part of the problem and hopefully, by taking the time to point out his inaccuracies, should lend some assurance that readers really shouldn't listen to Joe's posts.

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PostPosted: Tue Oct 01, 2013 5:33 am 
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Insane KJ wrote:
HarringtonLaw wrote:

(I know, I know--you don't agree that those are the rules. And in support of that, you'll just make up some random principle that has no basis in the law. You're part of the problem, because you give false hope to people who would be far, far better off if they would simply follow the rules.)


Well put James. The ones who make stuff up like Joe continue to misinform the readership which is definitely part of the problem and hopefully, by taking the time to point out his inaccuracies, should lend some assurance that readers really shouldn't listen to Joe's posts.


Pot meet kettle.....Insane your name suits Y-O-U.....is your last name nocredibilitywhatsoever? Sorry...hypocrites tend to make me hurl a little... :puke:


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PostPosted: Tue Oct 01, 2013 6:00 am 
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Guess they WON'T be confused after the KJ has been audited, paid a fee and buys the GEM series. I call total BS on the whole thing because of that single concept.


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PostPosted: Tue Oct 01, 2013 7:03 am 
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HarringtonLaw wrote:
cueball wrote:
HarringtonLaw wrote:

Do you think we're just suing people who have all their discs and only media-shifted on a 1:1 basis? Do you think we're targeting people whom we know to be 1:1, just to make some money? We do sue some of those, yes. It's necessary because even at this late date people can't seem to be bothered to follow the policy. But I assure you that we make NO money on the people who pass audits. In fact, we lose money on those. I would do just about anything to ensure we never sued anyone who's 1:1, ever again. It's a waste of time and money--but it's a necessary waste because filing a suit is the only way we have to force people to follow the rules which were made by SC to be applied to SC product ONLY...
There... I corrected it for you (by adding my own line highlighted in RED.


We get to make the rules regarding consent to using our trademarks. Sorry if that bothers you, but it's the law.


Just to say it out loud: in general and in theory, this is correct, as long as said rules are themselves legal.


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PostPosted: Tue Oct 01, 2013 7:49 am 
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The entire law suit process is to create an environment of FEAR. When Sound Choice loses a case in court, like the Karaoke Kandy Store case, the level of fear begins to diminish which lowers the chance of KJ's settling out of court. In order to counteract that process, Jim and Insane and people of that ilk, have to come up with something else to try to create more fear among the masses....a new boogie man so to speak.

How long can it be before someone is selling hard drives loaded with what used to look like Sound Choice karaoke tracks but now they look completely different and all of the Sound Choice logos have been removed? What will they file law suits for then? No trade dress infraction. No logo infraction. No intention of trying to mislead the public into thinking that these are original Sound Choice tracks, whatsoever. Things that make you go Hmmmm.


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PostPosted: Tue Oct 01, 2013 8:56 am 
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James and SC have been using the confused approach long before Karaoke Kandy.


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PostPosted: Tue Oct 01, 2013 8:58 am 
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johnreynolds wrote:

Pot meet kettle.....Insane your name suits Y-O-U.....is your last name nocredibilitywhatsoever? Sorry...hypocrites tend to make me hurl a little... :puke:


It's good to know that Joe's hypocrisy makes you hurl as well. I'm just the opposite side of the spectrum of the angry little man, who I assume, made you hurl as well with his hypocrisy.

At least my OP reported the latest in a karaoke piracy lawsuit with citations to allow the readership to draw their own conclusions past my snippets, which is unlike the others.

Credibility can only be brought forth by backing up claims, not obtuse spew ala JoeObtuse.

Carry on....

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PostPosted: Tue Oct 01, 2013 9:00 am 
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BruceFan4Life wrote:
How long can it be before someone is selling hard drives loaded with what used to look like Sound Choice karaoke tracks but now they look completely different and all of the Sound Choice logos have been removed? What will they file law suits for then? No trade dress infraction. No logo infraction. No intention of trying to mislead the public into thinking that these are original Sound Choice tracks, whatsoever. Things that make you go Hmmmm.


:roll: This is like saying a crime ring that makes exact duplicates of iPhone and iPads won't be sued as long as they leave off the Apple logo.


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