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JoeChartreuse
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Posted: Tue Mar 01, 2011 11:37 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Virgin (Uh Huh),
Let me tell you a story that was on CBS news the other night. A company that rents Jets was sued by a competitor over IP. The suit failed. However just the fact of the suit comes up on the net, and the company estimates approximately $750,000 in lost commissions so far because of it.
The info is on the net, and it's a taint - Steve.
You got tinkled when whoever you're fighting with posted bad things about your show on the net, didn't you? Why? Those comments will never go away. SOMEONE will always be able to read them. I did. In my case, I already know you can host from past discussions- but someone who doesn't know may be swayed.
Same thing...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Thunder
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Posted: Wed Mar 02, 2011 1:02 am |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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Can't figure out who you are replying to me or "Steve" if you are refering to me my name is Michael Handy (everyone calls me Mick) you are the second person on this forum that has called me something other than by my name. I wasn't aware that anyone has said anything bad about my shows on the net could you post a link to it? And what is "tinkled"?
If you have a problem with what I have stated, asked or said then respond to it with facts that refute it. So far you keep typing words that you haven't or can't back up with any kind of proof, or even anything to halfway back up your claims.
You said to google Athena's company name and I would see proof that her company was tainted on the internet, I did exactly what you asked I googled it and posted the results of that search in a post above. I didn't see this "taint" you are refering too.
You come back with this story about some Jet company that lost a fortune because they were "tainted" yet I have to go back in time to watch CBS news to see it. But then I thought we were talking about some "taint" on Athena's company which you were lauding and now we are talking Jets. Did you read about the Speaker of the House having multiple affairs in the National Inquirer? Now that is "taint"!
I don't know what Sound Choice did to you but it must have been pretty bad, because you are sure going to a lot of effort to paint them as some kind of a monster, were you named in one of their lawsuits? I would think that if Athena had been damaged by Sound Choice she would have a much different additude than she does about them, so far I haven't seen anything from her but support for their actions. Yes I have seen where she stated that her company was named in the Florida suits and then cleared but the only other information I have seen about it is what you have stated, so looking at it that way I would say the person who is trying to "TAINT" Athena and her company would really be just you!
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Thunder
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Posted: Wed Mar 02, 2011 2:43 am |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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Funnybone
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Posted: Wed Mar 02, 2011 3:53 pm |
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Joined: Sun Feb 27, 2011 10:23 am Posts: 5 Been Liked: 0 time
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has over 90 disks for sell right now, maybe he did have sc disks before the lawsuit? So the which hunt has caused him to go out of business and sell out? Sounds fair to me.... Don't really want to hear other excusses he offered an audit when they didn't even know his name!
http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... :MESELX:IT
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Thunder
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Posted: Wed Mar 02, 2011 4:21 pm |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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Does he have any Chartbuster and PHM disc for sale?
I guess another question is if he is going out of business does he have all of his other Sound Choice disc up for sale or just this small selection?
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Moonrider
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Posted: Sat Mar 05, 2011 10:11 am |
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Joined: Sun Jul 05, 2009 6:13 pm Posts: 551 Been Liked: 0 time
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Virgin Karaoke @ Wed Mar 02, 2011 7:21 pm wrote: Does he have any Chartbuster and PHM disc for sale?
I guess another question is if he is going out of business does he have all of his other Sound Choice disc up for sale or just this small selection?
Just look for his new company name . . . He's simply trying to hide. Again.
_________________ Dave's not here.
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JoeChartreuse
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Posted: Tue Mar 08, 2011 12:26 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea @ Wed Feb 02, 2011 8:59 pm wrote: Virgin, if you're serious about the legalities about copyright/trademark, then do yourself a favour and consult an attorney who specializes in this area. Yes, it costs, but remember you get what you pay for.
I'm with Timberlea. What little I know is a combination of information received from attorneys on retainer ( Who have worked with me in IP situations for awhile in my incarnation as a design engineer) and the information regarding certain cases that I know about.
An internet forum is NOT the place to get factual legal advice, any more than a karaoke manufacturer is.
This is why, when some yells "PROVE IT" at me, I always tell them to do the work themselves, and then they will KNOW- without question.
Of course, these forum debates can be informative, but Timberlea is correct- talk to an IP EXPERT if you relly want the facts.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Tue Mar 08, 2011 12:33 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Wall Of Sound @ Tue Oct 05, 2010 6:21 pm wrote: JoeChartreuse @ Mon Oct 04, 2010 10:45 pm wrote: Skid Rowe @ Mon Sep 27, 2010 9:23 pm wrote: Sorry if I ruffled your feathers Alan. IF you or anyone is caught up in this pirate thing, just show the man your disks, and save a whole lot of headaches." Sure thing....of course they will pay the KJ's standard hourly fee for wasting his time, right? Or is your time worthless? Business is not a charity event. If you want to take my time, you WILL pay for it. Of course, if you pray to SC, and consider your time Tithes, well, that's another story. I wonder what the I.R.S. would tell you if they came by your business to see your books & you wanted to be paid. Let's find out shall we? [schild=6 fontcolor=000000 shadowcolor=C0C0C0 shieldshadow=1]IRS AUDITOR[/schild]
Been through it twice- you're right, they refused to pay, darn them! However, having the backing and authority of the U.S. government I decided to give them a pass.... Unfortunately for the Kkaraoke mfrs, they are not afforded the same luxury.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Tue Mar 08, 2011 12:51 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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TTowntenor @ Thu Feb 03, 2011 5:19 pm wrote: [
1) He keeps spouting off that mp3g's in any manner are not legal to use in a show when the manufacturers now state that it is and you may provided you show proof of owning the original discs.
2) Joe's is no more legal expertise or well versed than what I just actually linked to, which I would take as MORE legal than someones opinion on a forum where no one knows anyone!
3) As far as real disc operators getting caught up in anything, those that have, have just showed their discs & been off the hook, no further issue. Big deal!
1) Not even close to true. I said DOWNLOADED MP3s are not legal for use in a a U.S. based show. Disagree? No problem. You spoke of showing links. Please post a link to the U.S. license that covers downloads and all the sub-licensing that goes with it. Even easier, please link to a any karaoke download site run by any leg known mfr. that states that their tracks are legal for use in a U.S. based show. Or maybe find one that downloads a text file that states the same, for the protection of U.S. based karoke hosts. Best of luck...
2) Agreed on all counts. I'm just a little more informed than some, and that's only because I take the time to get of the forum and get on the phone. Not just with those who agree with me, but especially with those who don't- because THAT's how you get more honest information. No forum posturing, no attitude, just conversation.
I have recommended this on other forums as well. Seek out the one with whom you have the greatest debate and speak privately- and learn something.
3) If there were any actual investigations, please please explain how disc based operators got "caught up" at all? Then explain why they should have had to prove innocence at all? The weight of proof rests on the mfrs. ( plaintiffs) shoulders. That DOESN'T take a legal expert to know.
Presumption of innocence is basic around thes parts.
Would the defendant have to prove himself innocent in court, or will the plaintiff have to to prove guilt? IMH OPINION- good luck with that....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Thunder
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Posted: Tue Mar 08, 2011 4:56 am |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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JoeChartreuse @ Tue Mar 08, 2011 3:26 am wrote: timberlea @ Wed Feb 02, 2011 8:59 pm wrote: Virgin, if you're serious about the legalities about copyright/trademark, then do yourself a favour and consult an attorney who specializes in this area. Yes, it costs, but remember you get what you pay for. I'm with Timberlea. What little I know is a combination of information received from attorneys on retainer ( Who have worked with me in IP situations for awhile in my incarnation as a design engineer) and the information regarding certain cases that I know about. An internet forum is NOT the place to get factual legal advice, any more than a karaoke manufacturer is. This is why, when some yells "PROVE IT" at me, I always tell them to do the work themselves, and then they will KNOW- without question. Of course, these forum debates can be informative, but Timberlea is correct- talk to an IP EXPERT if you relly want the facts.
Why talk to an attorney it is already clear that two of them can't agree on the same thing! Athena's attorney says one thing and Joe's attorney say exactly the opposite will the opinion of a third, forth or 10th make any difference. seems to me that whoever is paying them gets the opinion they most want to hear. As far as consulting an attorney, I have and he said get audited and be done with it, hhhhhhhhhmm seems like that is what every attorney has told everyone who checked with an attorney on the Sound Choice issue, except Joe's!
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mroctober
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Posted: Tue Mar 08, 2011 7:22 am |
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Joined: Fri Oct 14, 2005 1:52 pm Posts: 680 Location: Gainesville Florida Been Liked: 2 times
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[/quote]Why talk to an attorney it is already clear that two of them can't agree on the same thing! Athena's attorney says one thing and Joe's attorney say exactly the opposite will the opinion of a third, forth or 10th make any difference. seems to me that whoever is paying them gets the opinion they most want to hear. As far as consulting an attorney, I have and he said get audited and be done with it, hhhhhhhhhmm seems like that is what every attorney has told everyone who checked with an attorney on the Sound Choice issue, except Joe's![quote]
I was served Papers From SC Called an IP lawyer he said he'd try to fight it for $200.00 an Hour, If I wanted. Then he told me they pretty much got you by the Balls and it would cost way more in the end either way. I wrote a $6900.00 check.
and havent lost any sleep over it. waiting on Chartbuster to audit me now.
my 2 cents
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toqer
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Posted: Tue Mar 08, 2011 10:38 am |
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Joined: Tue Jun 08, 2004 11:15 am Posts: 905 Location: San Jose CA Been Liked: 33 times
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Uhh yah, everyone is hiring attorneys with the little scraps they make from karaoke.
And I'm Jesus Christ.
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ripman8
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Posted: Tue Mar 08, 2011 11:17 am |
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Joined: Sat Nov 15, 2008 6:34 pm Posts: 3616 Location: Toronto Canada Been Liked: 146 times
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Virgin Karaoke @ Sat Feb 26, 2011 4:22 pm wrote: ripman8 @ Sat Feb 26, 2011 10:15 am wrote: Paradigm Karaoke @ Sun Sep 26, 2010 4:07 am wrote: all of this could go away if we could find out if the ugly contract for submitting to an audit is still being used or have they disposed of it? if it is no longer a requirement of the audit, for me at least, i would feel a bit better about the whole thing. if it is just a Skype thing of showing disks as they ask for them like was said by KJ Athena, i may even voluntarily go through it on a day off to get the letter ofr compliance for my press kit. but the contract that SC was using would make the audit as described impossible.
E. During the audit, each disc will be marked using an indelible method. This marking will not interfere with your ability to play the disc but will prevent that disc from being re-used in an audit of another company. F. Sound Choice may employ software designed to examine any hard drives in your possession to determine whether songs have been deleted from the system after Sound Choice’s investigation began. A deleted track file may indicate an attempt at spoliation and constitute evidence of willful infringement, as well as an audit failure.
does anyone know if the agreement to audit is being used? Just reading thru this thread. So you are audited, your discs are marked or stamped. Now nobody will buy these discs because they are already stamped? Don't think I will let anyone stamp my discs. Why not? if you sell out your business are you going to piece meal it away or are you going try and sell it outright as a business? So whoever buys your system outright buys a preaudited system I don't see a problem with that. I have purchased many karaoke disc and music CDs that had peoples names, labels, stickers (one in particular had these little kid flower stickers all over it) etc. it no way has it affected the ability to play the product. Having a small mark or a sticker on a disc is not going to affect my desire to purchase said disc in any manner. and if I purchase them I am going to have a BOS or invoice so I know who I purchased them from.
Sure it does! Go back and read E and let it sink it. I buy used CDGs from someone and then go thru an audit and they say, wait a minute, this is already marked. I think not.
_________________ KingBing Entertainment C'mon Up! I have a song for you!!! [font=MS Sans Serif][/font]
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Lonman
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Posted: Tue Mar 08, 2011 11:39 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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They do no marking on the disc from what I have been told from those who have went through the audits.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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MtnKaraoke
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Posted: Tue Mar 08, 2011 12:59 pm |
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Joined: Thu Aug 05, 2010 1:40 pm Posts: 1052 Images: 1 Been Liked: 204 times
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Correct. No mark done when audited. Also, no record of the actual discs owned was made.
If a disc were to be marked at audit, you would merely need to produce a bill of sale to indicate legal purchase/possession of that disc. It could be simply marked again.
Has anyone considered using a UV (invisible) mark that contains the date, auditor's initials and perhaps a registration code that is recorded by the auditor?
20110308MKxxxx
Take it a step further and have the mfr's use UV ink on the label of OEM discs that contains a unique serial number. A professional Host/KJ/DJ Company could simply register their discs online with the manufacturer which would, in turn, allow for 1:1 use of that disc's contents. No audit necessary. But this would only work for the future.
_________________ Never the same show twice!
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Lonman
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Posted: Tue Mar 08, 2011 1:23 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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MtnKaraoke @ Tue Mar 08, 2011 1:59 pm wrote: If a disc were to be marked at audit, you would merely need to produce a bill of sale to indicate legal purchase/possession of that disc. It could be simply marked again.
I would have to wonder if bill of sales are needed, I have everything pretty much from any actual store I bought from, however used discs I buy all the time off of customers with no receipts given. Pawn Shops i've bought many discs from that have nothing more than a adding machine tape with no markings on it but numbers, nothing to prove it was purchased from that particular pawn shop, and i've also been given probably 50 discs (one was a SC custom) from customers over the years that have no records at all.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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MtnKaraoke
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Posted: Tue Mar 08, 2011 2:09 pm |
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Joined: Thu Aug 05, 2010 1:40 pm Posts: 1052 Images: 1 Been Liked: 204 times
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Right on Lon...
I am talking about the resale of MARKED discs. This would only pertain to professionals who undergo audit/registration. If you were to undergo that process and you were in possession of previously marked discs, you would be required to produce a bill of sale for those discs so that they would be recorded as having been transferred.
This would not apply to your current discs because you have not been audited, nor have you registered anything. The initial audit merely verifies possession. How you came to possess the discs is irrelevant unless you stole them, which wouldn't be obvious or actionable unless you disclosed that information.
_________________ Never the same show twice!
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Thunder
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Posted: Tue Mar 08, 2011 3:51 pm |
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Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
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ripman8 @ Tue Mar 08, 2011 2:17 pm wrote: Virgin Karaoke @ Sat Feb 26, 2011 4:22 pm wrote: ripman8 @ Sat Feb 26, 2011 10:15 am wrote: Paradigm Karaoke @ Sun Sep 26, 2010 4:07 am wrote: all of this could go away if we could find out if the ugly contract for submitting to an audit is still being used or have they disposed of it? if it is no longer a requirement of the audit, for me at least, i would feel a bit better about the whole thing. if it is just a Skype thing of showing disks as they ask for them like was said by KJ Athena, i may even voluntarily go through it on a day off to get the letter ofr compliance for my press kit. but the contract that SC was using would make the audit as described impossible.
E. During the audit, each disc will be marked using an indelible method. This marking will not interfere with your ability to play the disc but will prevent that disc from being re-used in an audit of another company. F. Sound Choice may employ software designed to examine any hard drives in your possession to determine whether songs have been deleted from the system after Sound Choice’s investigation began. A deleted track file may indicate an attempt at spoliation and constitute evidence of willful infringement, as well as an audit failure.
does anyone know if the agreement to audit is being used? Just reading thru this thread. So you are audited, your discs are marked or stamped. Now nobody will buy these discs because they are already stamped? Don't think I will let anyone stamp my discs. Why not? if you sell out your business are you going to piece meal it away or are you going try and sell it outright as a business? So whoever buys your system outright buys a preaudited system I don't see a problem with that. I have purchased many karaoke disc and music CDs that had peoples names, labels, stickers (one in particular had these little kid flower stickers all over it) etc. it no way has it affected the ability to play the product. Having a small mark or a sticker on a disc is not going to affect my desire to purchase said disc in any manner. and if I purchase them I am going to have a BOS or invoice so I know who I purchased them from. Sure it does! Go back and read E and let it sink it. I buy used CDGs from someone and then go thru an audit and they say, wait a minute, this is already marked. I think not.
If you buy a used disc from someone who has already been through an audit (unlikely unless they are selling out their business and then unlikely unless you purchased the disc in quanity) wouldn't you have a bill of sale from that person?
I can't think of any reason to sell off my disc unless I was leaving the business, in which case I would sell it off as a business I certainly wouldn't piece meal it away if it has already been audited, approved, legitimized, etc. it would be worth a lot more as a whole package than what seperating the disc and selling them off one at a time would be worth.
As to your point having one or two disc previously marked shouldn't be a real problem, having a couple of hundred without explaination could be, which is the purpose of "E" in which case you would have a bill of sale from the person from whom you made the purchase and you still have no problem! But really it boils down to business sense and doing business properly you get a BOS for anything you purchase for your business, without it how do you do your taxes?
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JoeChartreuse
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Posted: Tue Mar 08, 2011 11:53 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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toqer @ Tue Mar 08, 2011 1:38 pm wrote: Uhh yah, everyone is hiring attorneys with the little scraps they make from karaoke.
And I'm Jesus Christ.
Toqer, for once we completely agee. My attorneys are holdovers/friends from my 30 years of owning an electronic design engineering company, and do not charge me but a minimum retainer for this stuff, and other legal advice. Karaoke Hosts with IP attorneys on retainer? See above...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Tue Mar 08, 2011 11:57 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Virgin Karaoke @ Wed Mar 02, 2011 4:02 am wrote: Can't figure out who you are replying to me or "Steve" !
Maybe because you post a picture of yourself ( albeit a picture of a younger you with more and dark hair)? I mean seriously? Even the head pose is the same as your old avatar... But hey, be Handy if it makes you happy....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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