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 Post subject: Re: PEP Prime
PostPosted: Tue Apr 05, 2016 4:14 pm 
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JimHarrington wrote:
Paradigm Karaoke wrote:
question to all here, has anyone who specifically reported a pirate to SC/PEP seen that pirate sued?
i will leave it to them to show the results of reporting.


You're asking a pretty small sample size, but I think it's a fair question to ask.

the point is that most of your supporters are here, and most have reported many pirates. i want to see if anything changed and any of them saw anything happen to those reported pirates.
Paradigm Karaoke wrote:
i gave you another solid bit of information and i will gladly eat crow if you actually do follow through, and tell everyone that SC/PEP did what they said and nailed this pirate to the wall, no settlement, no GEM, balls to the wall and made other pirates in the area duck and cover. we have asked for years to just do what you said you would, and not one person here has had that happen yet.


JimHarrington wrote:
You did provide us with that information, and we're working on it right now.

However, we did not say we would nail that pirate "to the wall, no settlement, no GEM, balls to the wall." That's not a promise we ever make, because there are too many things that are out of our control that can prevent it, and because we see taking that position as unreasonable (as do the courts). Most cases settle. Not just ours--that's most civil cases overall. But maybe you're right--maybe we should pick out an egregious offender and make an example out of him.

150,000 tracks and 0 discs is rather egregious in my mind, and would make a great example. i get it with someone who fluffed his collection of purchased discs with some torrents not being the same, THIS is the kind i am talking about being the worst and deserve to be made an example of. this should also be the easiest of the cases to make, much more so than a "technical infringer" or someone fluffing. these type of pirates are the ones that need to be removed from the business entirely and nailed with huge fines to show the others that there ARE consequences to piracy, right now none of them have ever seen any sign of consequences. Nail him to the wall. and i will be the first to jump up and sing your praises to everyone, but if he stays in business with no problems i will be the first to shout that as well.

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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 6:25 am 
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Karaoke Croaker wrote:
"We recognize that there are shows where newer material will be required. That's why we've committed to buying and placing that material when it's needed, regardless of who the producer is, and to giving our operators the ability to obtain it on-demand at the facility. If all goes according to plan, we expect to be the single biggest commercial customer for Digitrax, KSF, and KV. We are not limited to using SC at all."

How funny is it that Sound Choice/PEP will be buying karaoke tracks from other karaoke producers rather than create the songs themselves? I don't recall General Motors buying parts from Fiat, EVER!


Actually, they all buy from other Mfgers..

Saturn uses a Toyota motor, Fiat Owns Chrysler.. I could go on for days..


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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 7:13 am 
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And it's not only automobile manufacturers.

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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 8:03 am 
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jdmeister wrote:
Karaoke Croaker wrote:
"We recognize that there are shows where newer material will be required. That's why we've committed to buying and placing that material when it's needed, regardless of who the producer is, and to giving our operators the ability to obtain it on-demand at the facility. If all goes according to plan, we expect to be the single biggest commercial customer for Digitrax, KSF, and KV. We are not limited to using SC at all."

How funny is it that Sound Choice/PEP will be buying karaoke tracks from other karaoke producers rather than create the songs themselves? I don't recall General Motors buying parts from Fiat, EVER!


Actually, they all buy from other Mfgers..

Saturn uses a Toyota motor, Fiat Owns Chrysler.. I could go on for days..


Not only that, automakers sometimes have other automakers produce entire cars for them—something Chrysler did with Mitsubishi for more than 30 years.


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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 9:13 am 
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Virtually all of the physical part of the vehicle creation has nothing to do with the "manufacturer"--that being, everything between the design and the assembly--but is instead the product of other companies producing the parts. The automotive industry is ALSO subjected to more governmental oversight and scrutiny than most industries in the US, which is in place to prevent most of the shenanigans in which non-regulated industries, such as the one of which is actually the subject of this forum, might otherwise be tempted to engage...

Just more weak, pomp-and-circumstantial, and distracting attempts to justify the attempted use of analogy...


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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 10:24 am 
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JimHarrington wrote:

If all goes according to plan, we expect to be the single biggest commercial customer for Digitrax, KSF, and KV. We are not limited to using SC at all.


And in so doing this you will be able to bring a suit against any KJ that isn't under your "Protection Plan" by simply seeing any of those manu's used on a computer!

Sue first, make them pay for an audit, and if they are legit just say oops sorry but still collect the $500 or so for the audit. What a racket. :roll:

PEP is not in the Karaoke business they are in the business of Killing Karaoke :shock:

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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 11:05 am 
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Lone Wolf wrote:
JimHarrington wrote:

If all goes according to plan, we expect to be the single biggest commercial customer for Digitrax, KSF, and KV. We are not limited to using SC at all.


And in so doing this you will be able to bring a suit against any KJ that isn't under your "Protection Plan" by simply seeing any of those manu's used on a computer!


I'm trying really hard to respect your opinion, but you're making it very difficult.

We won't own any of those brands in question, so we would not be able to sue over their infringement, even if we wanted to (which we don't).

Lone Wolf wrote:
Sue first, make them pay for an audit, and if they are legit just say oops sorry but still collect the $500 or so for the audit. What a racket. :roll:


Here's the flaw in your plan: It costs $400 to file the suit, several hundred to do the pre-suit investigation, and whatever it costs to do the audit (usually $200-$300 minimum, and sometimes a lot more). So your "plan" would have us down at least $100 to $200 plus the investigative costs.

Lone Wolf wrote:
PEP is not in the Karaoke business they are in the business of Killing Karaoke :shock:


It's hard to take pronouncements like this seriously when the "logic" underlying them is so flawed.


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 Post subject: Re: PEP Prime
PostPosted: Wed Apr 06, 2016 12:09 pm 
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 Post subject: Re: PEP Prime
PostPosted: Thu Apr 07, 2016 9:23 am 
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JimHarrington wrote:
If the time frame was about 4+ years ago, you may be recalling a suit that was initiated by APS on our behalf (though without our direct knowledge).
According to the contract with APS, you weren't requiring any specific knowledge, direct or otherwise, other than the number of suits filed, settled, and your percentage due on those settlements. So it's not like APS was hiding anything from SC at all. SC didn't care who was sued. Except for the "damage control" when APS sued Rodney and even then, it took Boris 108 days to drop the suit. "Rogue investigators and rouge attorneys" are apparently abundant...

If you like, I'd be happy to make that publicly-filed contract available here. (Where it details how the percentages would change based on the number of suits filed over a specific time frame).

Or, they can download it themselves. This was the suit against APS (for over $100,000 you claimed he owed you) that you walked away from, telling the court that you had no interest in pursuing it any further and that your business interests had moved on...

I wish I had so much money that I could just let someone walk away after ripping me off for that much... And I understand that Boris' amount was even higher but I've never seen a malpractice suit against her - just a whine with the state bar...

So, if we tally an informal scorecard, SC has been a victim of:
(1) Piracy (since 90% of us are pirates right?)
(2) Investigators (that don't turn over reports - if there actually was one)
(3) Attorneys that ignore their client but run off with their money
(4) Judges that don't know the law
(5) Greedy publishers that just want more money
and so on...


If that were me, I'd think seriously about a new career.....


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 Post subject: Re: PEP Prime
PostPosted: Thu Apr 07, 2016 8:51 pm 
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JimHarrington wrote:

Here's the flaw in your plan: It costs $400 to file the suit, several hundred to do the pre-suit investigation, and whatever it costs to do the audit (usually $200-$300 minimum, and sometimes a lot more). So your "plan" would have us down at least $100 to $200 plus the investigative costs.


Wow really that much. :lol: Geez there must be a lot of personal injury attorneys losing a bunch of money that will take your case and if they lose there is no charge. So I'm guessing all that money comes out of their pockets with no return. Makes me wonder how they stay in business.

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 Post subject: Re: PEP Prime
PostPosted: Fri Apr 08, 2016 3:35 am 
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Lawyers who work on a contingency will only take a case that is a slam dunk with a very good return or give them a lot of media time. Also, with most contingencies, the client can be responsible for certain fees and expenses. Always read before signing.

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 Post subject: Re: PEP Prime
PostPosted: Fri Apr 08, 2016 6:07 am 
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Lone Wolf wrote:
JimHarrington wrote:

Here's the flaw in your plan: It costs $400 to file the suit, several hundred to do the pre-suit investigation, and whatever it costs to do the audit (usually $200-$300 minimum, and sometimes a lot more). So your "plan" would have us down at least $100 to $200 plus the investigative costs.


Wow really that much. :lol: Geez there must be a lot of personal injury attorneys losing a bunch of money that will take your case and if they lose there is no charge. So I'm guessing all that money comes out of their pockets with no return. Makes me wonder how they stay in business.


You suggested that it would be a good idea for us to run a scheme where we sue someone who's 1:1, audit them, then "pocket the $500" from the audit. The costs of bringing such a suit and conducting the audit are far in excess of $500. Contingent fees don't enter into it.


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 Post subject: Re: PEP Prime
PostPosted: Fri Apr 08, 2016 3:48 pm 
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Paradigm Karaoke wrote:
Nail him to the wall. and i will be the first to jump up and sing your praises to everyone, but if he stays in business with no problems i will be the first to shout that as well.

I hope you're not really expecting a response in the form of action from the attorney/marketing director because you're gonna be waiting a while...

You might need to give a specific time frame...... something reasonable for them... like a year... or two.... but you also might have to "advance the fee" for them too..


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 Post subject: Re: PEP Prime
PostPosted: Sat Apr 09, 2016 7:53 pm 
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So, PEP licenses karaoke tracks to KJs so they can go out into the world and make a living.
Now, PEP will have their own KJs and will compete with the KJs that they licensed the tracks to.
PEP will also do booking for KJs that subscribe to PRIME if they pay a yearly fee. Will these gigs just be the table scraps that PEP couldn't staff themselves?
This doesn't seem like it a very 'fair business act'.

Fun question: since the GEM series has a finite number of licenses available, what tracks will these PEP employed KJs be using? Will PEP have to license their own tracks? Will this take away from the number of GEMs available?


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 Post subject: Re: PEP Prime
PostPosted: Sun Apr 10, 2016 10:48 am 
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It seems fairly obvious that PEP could "HELP" themselves by licensing red label copies to themselves or their affiliates.

Could they take advantage and reduce the "HELP" fee for themselves or Prime members?

If they already have high quality rips of their OEM products... they have 15,000 - 18,000 tracks at their disposal for a licensing fee that they can set.

Is there a minimum fee for the "HELP" license? Is there a minimum requirement for an amount that goes to the "publishers' pool" as indicated by PEP?

Could a "HELP" license be incorporated into the PRIME membership to assist an established KJ to expand?

Could there be a "HELP" license for CB in the pipeline?

Could there be a "HELP" license that combines both SC and CB?

Who's gonna "HELP" Pop Hits Monthly, or is that going to become freeware?

Why doesn't KSFgroup/Party-Tyme need "HELP"? Can anyone "HELP" All-Star Karaoke?

I don't really need "HELP". I probably won't ask for it... who knows?

I could see how PRIME could benefit from making me an affiliate who finds gigs, trains KJ's (with their materials) and receives karaoke tracks (or licensing agreements for tracks), promo materials, and equipment (either actual gear or substantial discounts) to support the operation(s). They're gonna need boots on the ground and the further away from dense populations, the more they're gonna need that perspective.

I've been giving the new program serious consideration, but at this moment I'm still on the fence.

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 Post subject: Re: PEP Prime
PostPosted: Sun Apr 10, 2016 2:26 pm 
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Harrington has already claimed that they will not ever create a "help license" for CB.
(that would undermine digitrax wouldn't it?)

He also claimed that his "employees" will not have a help license either....
(but they won't need one will they?)

It's up to you do decide if he's telling the truth, side-stepping on a technicality or just doesn't care who gets affected because KJ's are too stupid to know the difference.

Doesn't matter to me because I think (like all the other programs) this one won't go far and it's used only to satisfy their declaration with the trademark office and to shore up their lawsuits. I don't consider them to be competition, ever.

If they hire anyone and let them use whatever they can find/download of SC material and just "turn a blind eye" - because they own the trademark, then who is really the pirate here?


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 Post subject: Re: PEP Prime
PostPosted: Sun Apr 10, 2016 2:28 pm 
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When pirates are outlawed, only outlaws can pirate.. :shock:


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 Post subject: Re: PEP Prime
PostPosted: Sun Apr 10, 2016 2:31 pm 
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I'm going to go out on a limb here and say that all PEP needs is "permission" from themselves to allow SC/CB product to be used similar to a HELP licence. There in theory that can allow as much red label or Chartbuster product as they have...

In theory, but I don't think they will do that.

Also, mindful of the 6-7 year gap in karaoke music they would need to buy actual product from a vendor, as I am sure those manufacturers will be keeping an eye to make sure this program is legal. Or they might have a manu they are working with.

I do know that PEP buys CDs at a ridiculously low rates from lawsuit settlements (I have seen the paperwork) so its possible they have plenty of stock on hand to start this program. At least enough product to get a few rigs together that are interchangeable.

As for the GEM licence, as we don't actually have an idea of how much stock they have, it could be in the range of 500 units. Not like they are going to tell us.

Stock on hand is really just one part of this, but they are looking to outsource more then anything else. They might only be interested in 50 "owned" rigs. As they balk on losing money for any reason, I don't see them making 500 rigs to lease out to KJs. It wouldnt suprise me if they make these rigs work to own. As for the rest: They will pick people who are PRIME members in good standing, and (a)own a GEM set or (b) are registered PEP/SC/CB KJs. Hopefully it's people who actually OWN the products and not HELP licence users, although they are paying monthly soooo..... who knows.


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 Post subject: Re: PEP Prime
PostPosted: Sun Apr 10, 2016 9:52 pm 
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Toastedmuffin wrote:
I do know that PEP buys CDs at a ridiculously low rates from lawsuit settlements (I have seen the paperwork) so its possible they have plenty of stock on hand to start this program. At least enough product to get a few rigs together that are interchangeable.


Think about what you have said here. This, to me, has been the reason, all along that they have been suing KJs. It has had nothing to do with piracy. It has been a way to gather low cost resources. Those resources being systems and CD+Gs. This may have been the plan all along. How many THOUSANDS of discs might they have accumulated after all these years?? How many systems have they confiscated?? What better, and EASIER way of entering the KJ market then just taking what they need from those they sue?? Meanwhile, they call it fair competition. What a crock!!

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 Post subject: Re: PEP Prime
PostPosted: Mon Apr 11, 2016 4:42 am 
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I might be wrong but I think they accumulated most of these discs when exchanging them for credit towards the Gem series discs. I would also bet that they acquired very few (if any) rigs as part of their lawsuit business model.


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