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Lone Wolf
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Posted: Sun Jul 21, 2013 9:09 am |
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Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
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HarringtonLaw wrote: rickgood wrote: It's not a law - it's Sound Choice's company policy. Therefore, as smooth edge said, the term "legal" is misleading. The law says not to make duplicates without authorization. The law also says that SC gets to determine the conditions under which that authorization is given, if at all. So, if you make duplicates without authorization, that is indeed illegal and subject to an infringement action, and not merely a violation of a company policy. Wow so I'm guessing that for many many years people that use copy machines are in violation of the law as just about everything has been copied at one time or another for some purpose other than what it is intended.
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
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The Lone Ranger
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Posted: Sun Jul 21, 2013 10:14 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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Lone Wolf wrote: HarringtonLaw wrote: rickgood wrote: It's not a law - it's Sound Choice's company policy. Therefore, as smooth edge said, the term "legal" is misleading. The law says not to make duplicates without authorization. The law also says that SC gets to determine the conditions under which that authorization is given, if at all. So, if you make duplicates without authorization, that is indeed illegal and subject to an infringement action, and not merely a violation of a company policy. Wow so I'm guessing that for many many years people that use copy machines are in violation of the law as just about everything has been copied at one time or another for some purpose other than what it is intended. The home user abuser is not going to be sued in court it would be too difficult and time consuming. It is the commercial user abuser that is going to bear the brunt of the legal process. They are more visible and will not have the negative PR backlash that going after the home copier would entail. Even though dollar wise this is where the bulk of the piracy happens.
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Lone Wolf
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Posted: Sun Jul 21, 2013 2:00 pm |
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Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
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The Lone Ranger wrote: Lone Wolf wrote: HarringtonLaw wrote: rickgood wrote: It's not a law - it's Sound Choice's company policy. Therefore, as smooth edge said, the term "legal" is misleading. The law says not to make duplicates without authorization. The law also says that SC gets to determine the conditions under which that authorization is given, if at all. So, if you make duplicates without authorization, that is indeed illegal and subject to an infringement action, and not merely a violation of a company policy. Wow so I'm guessing that for many many years people that use copy machines are in violation of the law as just about everything has been copied at one time or another for some purpose other than what it is intended. The home user abuser is not going to be sued in court it would be too difficult and time consuming. It is the commercial user abuser that is going to bear the brunt of the legal process. They are more visible and will not have the negative PR backlash that going after the home copier would entail. Even though dollar wise this is where the bulk of the piracy happens. I was talking about paper copiers (ex:Xerox) How many times have you seen someones logo copied (on paper) and then distributed to make money in some form or another. Although I have seen some suits I haven't seen a lot. Logos get copied and used every day and if you think not just browse E-Bay.
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
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JoeChartreuse
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Posted: Sun Jul 21, 2013 11:52 pm |
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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: Please note that even SC's disc labels state "No no unauthorized duplication", which is completely different from no duplication authorized. They do not define "unauthorized". Since backup media to same media copies ARE legal ( per all the court cases of the '90s), then certain copies ARE authorized. First, SC's labels don't say that. They say, "Unauthorized duplication ... is a violation of applicable laws." The court cases you refer to all involved backup copies for private use only, which was determined to be a fair use under traditional fair use analysis. Fair use analysis requires analyzing two factors in particular that relate to commercial use: whether the use is commercial and the impact on the market for the works. Because fully half or more of the analysis from the cases you are referring to does not apply, those cases are of very limited precedential value. Moreover, fair use is only an affirmative defense; it does not constitute authorization. Nor does it constitute unauthorized duplication- unless you care to prove otherwise- hence, wording on SC labels. Until or unless the laws clearly define "unauthorized duplication", SC's wishes are just that- wishes- at least as far as disc to disc dupes. In regard to media shifting from disc to PC: Don't have a legal precedent, but DO KNOW that ONLY THE PUBLISHERS/OWNERS might be able to authorize it- SC DOES NOT HAVE THE RIGHT TO GIVE SUCH PERMISSION, and therefore has an almost non-existent case in court regarding the trademark that they may or may not have had permission to tack on to the tracks. LONE: That 90-95% that you keep quoting is what Kurt claims- no one has come close to verifying it.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Smoothedge69
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Posted: Mon Jul 22, 2013 1:43 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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JoeChartreuse wrote: LONE: That 90-95% that you keep quoting is what Kurt claims- no one has come close to verifying it.
I find that hysterical. Has Kurt traveled the whole country and visited EVERY show and talked to EVERY KJ to find out if they stole their material?? I think it is a ridiculous claim, myself. I still think the whole thing is ridiculous, and it's all Kurt's doing. Now he wants to make things ever worse by trying to get publishers involved. The man should be run out of the business because he is bad for the whole thing.
_________________ I am the ONLY SANE 1 HERE
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Smoothedge69
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Posted: Mon Jul 22, 2013 4:34 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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The Lone Ranger wrote: 8) Supposedly smooth the way this figure comes about is taking the number of karaoke operations now figured at the summit to be somewhere between 45,000 and 48,000, and comparing it to the sales figures of SC. How this formula works is still a mystery much like the way they arrive at the total number of hosts in the country. Like they say figures don't lie but liars figure. The high probability of an operations being pirate justifies at least in the manus mind these shotgun mass filing suits, they are bound to hit something. Problem is they are just as likely to get some innocent bystanders in the crossfire. I run a karaoke show. I haven't bought ANY Sound Choice since I started it. I have been using downloads so I get just what I need when I need it. I wonder how many other hosts are doing the same. That would cut down on SC's profits, too, without ANY pirated music being used. They could come at me, and I would tell them, pointblank, sorry, until you come up with a better delivery system I refuse to buy your material. I can find quality karaoke elsewhere, with other companies, without paying as much as they charge. Does that make me a pirate? No. It makes me a smart shopper. Kurt is a fool, for not fighting for the licensing he need to offer downloads. Like I have said before, if DTE and All Star can do it, anyone can. I don't need to steal music because I can get get THE SONGS I NEED, without all the fluff, when I need it, thanks to a couple of innovative companies.
_________________ I am the ONLY SANE 1 HERE
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Smoothedge69
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Posted: Mon Jul 22, 2013 7:59 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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The Lone Ranger wrote: 8) Like you Smooth I have been boycotting SC for years and it hasn't effected my bottom line one bit. Except for the fact that I haven't had to pay for SC product, and of course have avoided the expense of trying to defend myself from frivolous law suits. Technically, I am boycotting SC. I don't want to have to buy expensive discs and but a bunch of songs I don't need for one that I do. As I have said, I will go back to them when they modernize and join the year 2013 and offer single song downloads. If they never do, then they won't have me as a customer.
_________________ I am the ONLY SANE 1 HERE
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