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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 3:53 pm 
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Smoothedge69 wrote:
Well, I guess I couldn't pass an audit. I bought my SC discs years ago. i have no receipts left. Oh well, more reason to abandon them.


The lack of receipts will not cause you to fail an audit.

The availability of receipts can be important for a post-suit audit because we may need to determine whether you bought the disc before or after our investigation. But for a voluntary audit, the receipts are not critical.


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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 3:56 pm 
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Lonman wrote:
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No one at SC has a great desire to comb through financial records just for the heck of it. It only gets requested when anomalies raise questions that can't otherwise be answered.
I think this is the key here!
Maybe discrepencies between a book, hard drive & discs not matching up? I'm sure that might be cause for financial request.



Call me paranoid but this part of the CNS makes it difficult to just blow it off.

Quote:
8. RIGHT OF REVIEW; NO RELIANCE ON EXTRINSIC STATEMENTS.
YOU acknowledge that YOU have read this entire COVENANT and that YOU have been afforded the opportunity to discuss the terms and conditions herein with an attorney of YOUR choice. YOU further swear and represent that in accepting this COVENANT YOU are not relying upon any statement, promise or representation of fact by SOUND CHOICE other than what is contained in this COVENANT, and that YOU have the legal capacity
to enter into this COVENANT.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 4:02 pm 
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hiteck wrote:
Call me paranoid

OK! :mrgreen: :twisted: :lol: j/k

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 4:04 pm 
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Lonman wrote:
hiteck wrote:
Call me paranoid

OK! :mrgreen: :twisted: :lol: j/k


:laughatthat: :beermates:

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 4:19 pm 
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Lone Wolf wrote:
kjathena wrote:
so Lone Wolf le'ts say someone was concerned that what you are saying may be true......wouldn"t that be all the more reason to stay legal by either 1. Getting certified before being named 2. Using original manufactures disc's or 3. not using any of the questionalable trademarked tracks?

Just askin'

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Athena


Given the 3 choices I'll take #2
Just wondering what they would do if I were using this?

http://store.sony.com/webapp/wcs/stores ... =DVPCX995V

They would never see a disc.


Lone Wolf I actually have 2 simalar units with CD+G adapters sitting in storage so I would know what it was personally. I would reccomend you purchase faster less glitchy repairable players AND get pro-active audits as soon as possible.....SHAMELESS PLUG WARNING...if anybody really wants one of these things in working condition for a small stationary unit PM me...I'm sure we can work something out......(warning they are very slow and can ansd do snap discs in half if jarred during carrosel(sp?) action)

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 4:23 pm 
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kjathena wrote:
Lone Wolf I actually have 2 simalar units with CD+G adapters sitting in storage so I would know what it was personally. I would reccomend you purchase faster less glitchy repairable players AND get pro-active audits as soon as possible.....


If he's going to be using a CDG player why would you recommend an audit as soon as possible?

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 6:00 pm 
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hiteck wrote:
kjathena wrote:
Lone Wolf I actually have 2 simalar units with CD+G adapters sitting in storage so I would know what it was personally. I would reccomend you purchase faster less glitchy repairable players AND get pro-active audits as soon as possible.....


If he's going to be using a CDG player why would you recommend an audit as soon as possible?


because the discs are not visible to the audience. if he is not putting each disc in a tray as needed, with the discs out in the open, there is no way to tell wether it is a computer running the music, or if the discs are burns, etc. it's unfortunate, but the "sue them all and sort it later" mentality makes the audit a necessity for everyone, disc based included.

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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 6:30 pm 
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The garbage man rang my bell today and asked me to prove that I Legally purchased my "Round Choice" garbage cans. If I couldn't prove ownership; they would no longer pick up my garbage any longer. I asked the guy his name and he told me that it was James Barrington. ;c)

Since I couldn't find any receipts; I was told that I would have to buy a "Round Choice" garbage can certificartion for a measly six thousand dollars if I wanted to have my garbage removed. The good news is that it will only cost me $50 to renew my certificate eacj and every year.

I decided to go to Home Depot today to buy some new "Square Deal" garbage cans. I had the receipts laminated so I can prove ownership in the future.


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 Post subject: Re: SC audits question
PostPosted: Thu May 10, 2012 7:01 pm 
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BruceFan4Life wrote:
I decided to go to Home Depot today to buy some new "Square Deal" garbage cans. I had the receipts laminated so I can prove ownership in the future.

Sounds like you made a Sound Choice!!!! :mrgreen: :mrgreen: :mrgreen: :mrgreen: :mrgreen:

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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 4:46 am 
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The interesting part is that there are some communities where if you don't used the approved trash can, they will not pick up your trash AND you can even get fined.

In my community, there is a broad range of cans I can use but others I cannot.

Fortunately there are no trashcan pirates in my area because of proactive enforcement of discarded proporty rights....

-Chris

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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 8:27 am 
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Smoothedge69 wrote:
HarringtonLaw wrote:
Smoothedge69 wrote:
That is a totally irrelevant situation. Police are GOVERNMENT officials. Sound Choice is a VENDOR. That is all they are. They peddle karaoke discs. It is the Government's JOB to make sure people are following the law. It is not a vendor's job to do that. Levi's doesn't come to people's houses to make sure people are wearing pants that fit. Ford doesn't come out to see if you stole your car. Sony doesn't make you get an audit on all your CDs to play them in a club, neither does the RIAA.


You've given three examples of ways that companies DON'T enforce intellectual property rights by inspecting their customers.

Would you mind if I gave three examples of ways that companies DO enforce intellectual property rights by inspecting their customers, and in fact take action against their customers when they exceed the scope of what has been paid for?

Have at it, James.


1) Probably the first example that comes to mind is music publishers. Music publishers are vendors. They sell compact discs and downloads to people who use their products, like, for example, bars and restaurants. And they do send out their enforcement agents--ASCAP, BMI, and SESAC to inspect their customers to determine whether they are adhering to the scope of what has been paid for. Like SC and PR, these inspections are often carried out unannounced and under cover.

2) Wireless telephone companies often do business through company-owned stores, especially in medium-sized and large cities. But in smaller towns, they often do business through "authorized resellers." These companies purchase products from the wireless company, making the wireless company a "vendor." The relationship isn't a franchise, for various reasons, but the reseller is allowed to use the wireless company's trademark, with restrictions. The wireless company will inspect the reseller from time to time to make certain that the reseller is adhering to the rules for use of the trademark--for example, by using the phrase "authorized retailer" after the wireless company name, and to make sure that the reseller's personnel are properly trained and focused on selling the wireless company's products.

3) Car rental companies usually own the high-volume operations at airports, but when you rent a car "in-town," it's often from a separate company that may or may not be a franchisee. The agency owns the cars it rents, and it may or may not buy them from or through the name-brand company. Regardless, however, the name-brand company will inspect the operation from time to time to make sure its name is not being misused and its standards are being upheld.

When you operate a commercial business, part of the basis of which is the use of others' intellectual property, you will have to spend some time--and sometimes money--managing your relationship with the owners of the intellectual property you use. The fact that some companies do not care enough about their marks and reputation to police them, or that some companies do not operate in the U.S. and therefore have little incentive to focus on their U.S. rights, does not mean that it is wrong for companies that have and care about a valuable brand to take steps to police its use.

Speaking of car rentals, let's say you owned a car rental agency that rented Fords, Kias, and Mitsubishis. And let's say you owned a factory where you could make cars if you liked. Ford will be happy to sell you fleet cars all day long, and they will not care that you rent them out--in fact, they want you to do that. And suppose a Ford rep was driving by one of your lots one day and noticed that some of the Fords were painted colors that didn't quite look like factory paint. Now, it's possible of course that you had them painted. But suppose Ford's sales had been cut down severely by people who were making copies of their cars, badges included. Do you think Ford would be satisfied with your excuse, if you said, "Hey, for every copy I have on my lot, I have an original in storage. I only do that because the renters tend to mess up the originals, so if they mess up a copy, I just junk that one and make a new one."

I doubt Ford would like that arrangement at all, but at a minimum, don't you think Ford would want to come in and inspect your setup, to make sure you were truly 1:1, and to set up some rules to enforce that policy?


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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 9:21 am 
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But if someone buys a custom kit car and builds that kit on a Ford chassis with a Chevy motor; I don't think that Ford or GM will be looking to file a law suit against some do it your self shade tree mechanic because he has a hobby that might turn a profit once in a while. If FORD told the guy to remove the Ford Badge from the finished vehicle; that would be understandable. In that same vein; I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 10:02 am 
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chrisavis wrote:
The interesting part is that there are some communities where if you don't used the approved trash can, they will not pick up your trash AND you can even get fined.

In my community, there is a broad range of cans I can use but others I cannot.

Fortunately there are no trashcan pirates in my area because of proactive enforcement of discarded proporty rights....

-Chris


Yes, but generally you know which trashcan you can use BEFORE you spend thousands of dollars on one.

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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 10:32 am 
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BruceFan4Life wrote:
I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


If you remove the logos and the lyric sweeps, in which SC claims trade dress rights, then, sure.


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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 11:14 am 
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HarringtonLaw wrote:
BruceFan4Life wrote:
I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


If you remove the logos and the lyric sweeps, in which SC claims trade dress rights, then, sure.

Damn, it's too bad I am not THAT tech savvy. I could use a program to change the .cdg files to CHANGE the sweeps and the remove the logos, and all would be well. I need to research that.



Disclaimer: I am kidding, please don't get your panties in a bunch.

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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 12:06 pm 
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HarringtonLaw wrote:
BruceFan4Life wrote:
I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


If you remove the logos and the lyric sweeps, in which SC claims trade dress rights, then, sure.

So you're saying that you could legally take the audio from a Sound Choice song, use CDG authoring software to add your own synchronized lyrics, create an mp3+g song track, and use it for public performance?


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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 12:24 pm 
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wiseguy53 wrote:
HarringtonLaw wrote:
BruceFan4Life wrote:
I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


If you remove the logos and the lyric sweeps, in which SC claims trade dress rights, then, sure.

So you're saying that you could legally take the audio from a Sound Choice song, use CDG authoring software to add your own synchronized lyrics, create an mp3+g song track, and use it for public performance?


I may be mistaken, but ....No.

The underlying audio work is still copyrighted by Sound Choice (or whatever arrangement they have with the studio musicians they hired to do the cover).

Of course now it becomes a little harder to prove without some additional forensic analysis of the audio portion, but it would be provable that it is Sound Choice's work just the same.

-Chris

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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 12:28 pm 
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HarringtonLaw wrote:
BruceFan4Life wrote:
I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


If you remove the logos and the lyric sweeps, in which SC claims trade dress rights, then, sure.


Why on earth would you say that?

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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 1:25 pm 
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hiteck wrote:
HarringtonLaw wrote:
BruceFan4Life wrote:
I can't see why a KJ couldn't simply just remove the Sound Choice Badges from his karaoke library and be done with the harrassment.


If you remove the logos and the lyric sweeps, in which SC claims trade dress rights, then, sure.


Why on earth would you say that?

LOL... I was wondering the same thing. There are some people who are pretty adept at creating CDG song tracks. All they need is a quality backing track.


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 Post subject: Re: SC audits question
PostPosted: Fri May 11, 2012 1:43 pm 
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chrisavis wrote:
I may be mistaken, but ....No.

The underlying audio work is still copyrighted by Sound Choice (or whatever arrangement they have with the studio musicians they hired to do the cover).

Of course now it becomes a little harder to prove without some additional forensic analysis of the audio portion, but it would be provable that it is Sound Choice's work just the same.

-Chris


I only meant that if he wanted to be rid of the trademark and unfair competition suits, he would have to do both. When I read "harassment," I figured he was referring to what we were doing now, not all possible things we could ever do.

It would, of course, still be a copyright infringement, and while it would be harder for us to prove, it would not be difficult in the absolute sense. We already have the technical capacity to conduct a waveform analysis to confirm that it's our recording. One of the great things about having a really high quality standard is that it makes re-creation nearly impossible without incurring the same costs we did. The question is, would it be one that is owned by Stingray, or by SC?


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