Karaoke Forums

Another thing that myself and a few others pointed out to the KIAA folks at the time, (in line with your transparency) is will there be a API provided so others could interface the hard drive? They locked themselves into one source of sales for the product.

Personally, I would have done it a lot differently. Problem was they never took any tech input unless it was aligned with what they wanted, not best use case. When compuhost came along saying, "We'll implement your crappy system" the KIAA folks took the bait.

I did re-read your op and yes you did state in the present that "Because DT has been trying to convince publishers to sell month to month subscription rights rather than standard long term licensing agreements, allowing the publisher more control with the ability to pull rights after a month." your words. How could i read that any other way?

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No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!

The deal they struck was for distribution of legally licensed Universal content. It did not include licensing of content, only distribution.
When the court accepts the e-mail trail, they will look at requirement number 5 in which it is stated that:

Another quote out of the e-mails from Universal gets to the crux of the matter:


It seems Universal doesn't agree that changing the trademark on the CDG will magically create a licensed mp3.

Oh, but back to the requirements of the deal. Requirement number 7:

Apparently, they found some places on the web where it appears to them to still be available: http://www.karaokeware.com/chmanual/kjm ... erysys.htm
The Digitrax reply to this is that they haven't sold any since they stopped being Chartbuster, and that they are notifying the owners of the KJ Media Pro to let them know the product was unlicensed and that they would be subject to litigation if they continued using it, and that they should just subscribe to Karaoke Cloud (which I found interesting because they won't get legal Universal content there either).

So I'm wondering how many of you Certified KJ Media Pro owners and Certified SD Card owners out there will be deleting your hard drives due to the unlicensed content?

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KNOW THYSELF

Don't forget the CB12000+ and CB6000+ Drive Owners. I will be using mine until otherwise notified I should not.

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-Chris

Easily. Per your own quote of my post, I said that DT was TRYING to make it happen. I never said it has happened yet.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

I would as well. But time is sometimes something that is more important than the details, which can sometimes take a very long time to shore up. Please read J. Harrington's take on it in the other thread. These contracts in principle happen all the time. Coaches agree to a five year deal for X amount over a handshake or something scribbled on a napkin. Both sides are vulnerable as you never know how someone else (judge jury) will interpret the factors that come along that were not covered on the napkin, handshake or emails but it's more important to have the coach in place today, then to wait for those details. It's my opinion (and it is an uninformed one) that Universal is banking that their legal backing is better than DT's. But the overall question is WHY do you make an agreement in principle, take the money, then change your mind (this is what I understand happened as of now). I would LOVE to know the details behind that part of the story.

As I stated on the other thread, unless there is a documented agreement, it simply doesn't legally exist. Yes, some folks will take the chance of operating on a handshake if tbey consider the other party trustworthy. Legally a stupid thing to do, but it happens, and sometimes it actually works out. That's fine, BUT SUCH AGREEMENTS STILL HAVE ZERO LEGAL STANDING. This is why the mfrs. who attempt to work this way keep getting sued.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

so basically running off of the post from SC that making a copy of a disc and using that disc while leaving the original at home is ok?
or is it not?

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Paradigm Karaoke, The New Standard.......Shift Happens

I am not sure what my post has to do with using copied discs but I firmly believe that using copied discs or media shifting is not only ok, it's the responsible thing to do regardless of what SC or any other manufacture says. I could certainly post a disclaimer that says no one is allowed to copy this post, but ultimately it really isn't up to me. Some may be naive enough to follow my direction so I have that going for me. I firmly believe SC has stepped well beyond their rights when they say people can not use copies of their re-creations without their authorization whether they are used for "commercial use" or not. For one thing, they do not even hold the ultimate rights to the works! Even if they did the big boys gave up on attempting to enforce copied material\media shifting rules years ago.

Your "analysis" is essentially useless.

Oral agreements are enforceable under certain circumstances. Oral agreements are subject to the Statute of Frauds, which is an old English law that has been adopted in every state. Because this agreement involved a value greater than $500 and was a multi-year agreement, it could not be enforceable as an oral agreement; some writing would be required.

But this wasn't an oral agreement. It was in writing, via an email exchange, and it is most certainly enforceable if the parties intended it to govern their activities (which the email exchange evidences). It was not a "merged" agreement, which is what you appear to be referring to--a document executed by both parties that includes a clause that says that it is the whole agreement of the parties on the subject matter it covers, and that any modifications must be by a signed writing.

Merged agreements are not a requirement.

I have not reviewed this complaint in full, and I have no inside information on what the particulars are. But to say this is somehow not enforceable because it isn't a merged agreement is simply legally wrong.

Harrington Law,

Does Sound Choice use email for the agreement to license the GEM series? If it's a perfectly legal agreement, why would you not?

I think it's because you're looking out for your client's strongest legal standing so you require signatures from both parties on a legal agreement. Why would DT not take the same approach with their publishers, considering it involves a substantial amount of money?

"So I'm wondering how many of you Certified KJ Media Pro owners and Certified SD Card owners out there will be deleting your hard drives due to the unlicensed content?"

I'll delete my media drive content when everyone else deletes their SC8125 content.

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No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!

To me it is amazing how many "expert" amateur lawyers the karaoke industry has created.

I suggest we let this thing alone and go back to hosting our shows. This suit is not as easy as solving a murder on NCIS or Law and Order. But wait, I stayed at Holiday Inn Express last night so I am now an "official expert" too, right? (waiting by my phone for a call from Gibbs)

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No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!

Going back to the OP... I think that Digitrax started to do things that were never included in the scope of their original agreement (if an email deal is an agreement) like Karaoke on Vevo and other services. When they launched and this deal was first written, I think it was strictly streaming no?

And your first quoted comment isn't of the "expert amateur lawyers" variety? I think kettle just met black.

That's very similar to the response I got from the last KJ I talked with about his loaded hard-drive.


P.S. The existing SC8125 discs are fully licensed and there are no publishers claiming they are not. The same can't be said about any of the Chartbuster hard-drive media.

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KNOW THYSELF

Is it just me or is a whole section of Digitrax vs Universal Music MIA? There were three and now only two are they going to combine the three into one section?

Since there were two threads named the same - pretty much the same content, and the other one went into a name calling contest, there was no point. I will go through and clean it up and bring it back within the next day.

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LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!

Wondering why 2 are needed..

This getting redickulas..

Why are two or three threads needed?
Perhaps just in case they start disappearing.
The true reason there were two threads to this conversation, was because they were started within moments of each other, so the original posters were unaware of another thread in existence. How about just pointing the duplicate thread to the original and then locking it?
Had one been locked earlier, all conversation would have fallen to the other.

It is very discouraging to spend time posting to a thread to find out later that the thread has been deleted from view. Why does every contributor to a thread have to suffer the loss because of something one person posted?
Does the whole thread need to be deleted?
How does the offender feel the shame of their actions when it can't be publicly seen?
It seems the thread deletion method only serves to protect the offender. Could that be the true purpose?
How about redacting the offensive parts of a post with a warning and letting the rest stand?

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KNOW THYSELF