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earthling12357
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Posted: Mon Mar 05, 2012 12:13 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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HarringtonLaw wrote: cueball wrote: HarringtonLaw wrote: Industry exit program (KJ agrees to stop doing karaoke for 3 years and to remain legal if he returns after that time) Safe harbor to assist venues in avoiding hiring pirates
Maybe you should do away with your non-disclosure rules, and reveal ALL of the names and locations of the illegal KJs you have made this arrangement with. I'm sure there are many legit/legal KJs out there who know who the pirate KJs are, and what names they're operating under. Many of us have already expressed our skepticism about how we believe that you may bust one illegal KJ, and he'll be back in business a week later with the same illegal hard drives, and the same 100K+ libraries. Maybe if you make it public knowledge who these pirates were that you made agreements with, the legal/legit KJs could drop you a line if they see them still operating illegally or operating under new names illegally. It's one thing that you're saying certain actions are being/have been taken. But, since we feel that we haven't seen that, this could be a way that you might actually get more cooperation from the legit KJs. Most of us are sick and tired of what we believe has been nothing substantially done after almost 3 years now. If your profile is accurate, you operate in New York City. The people that were in charge of that area for SC have not entered into any settlements of that type, because they are very much opposed to the idea of the business exit arrangement. (They are not opposed to a business exit, but the KJ receives no "discount" for doing so. In the programs I administer, the KJ pays a reduced amount to cover past infringement, turns over all of his karaoke equipment--hard drive, laptop, discs if any, and sound equipment, etc.--and has to leave the business for three years or longer.) So you would not have seen that activity in your area. I can't unilaterally disclose the identities of the people who have entered into that arrangement. The requirement of confidentiality is a material term of those contracts, to which both parties have agreed. But we do follow up. While nothing can be done about past agreements, Soundchoice has the ability to unilaterally change the way the agreements are made in the future so that the names of those who take the exit agreement can be published. It makes sense to do this so that other KJs can help police their own areas.
_________________ KNOW THYSELF
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timberlea
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Posted: Mon Mar 05, 2012 1:32 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Johnny, there were screw ups on th OJ case. There are screw ups in some cases but that doesn't mean all investigators (or even particular) are inept. They are people and all people screw up from time to time.
_________________ You can be strange but not a stranger
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JimHarrington
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Posted: Mon Mar 05, 2012 2:06 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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earthling12357 wrote: While nothing can be done about past agreements, Soundchoice has the ability to unilaterally change the way the agreements are made in the future so that the names of those who take the exit agreement can be published. It makes sense to do this so that other KJs can help police their own areas. While your position on this will be taken into consideration for future agreements, I am not prepared at this point to commit to a "non-confidential" requirement for those settlement agreements.
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earthling12357
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Posted: Mon Mar 05, 2012 4:51 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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HarringtonLaw wrote: earthling12357 wrote: While nothing can be done about past agreements, Soundchoice has the ability to unilaterally change the way the agreements are made in the future so that the names of those who take the exit agreement can be published. It makes sense to do this so that other KJs can help police their own areas. While your position on this will be taken into consideration for future agreements, I am not prepared at this point to commit to a "non-confidential" requirement for those settlement agreements. I'm not suggesting the entire agreement be "non-confidential", just including a provision that allows the publication of the names of those who are "out-of-the-business".
_________________ KNOW THYSELF
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Cueball
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Posted: Mon Mar 05, 2012 8:46 pm |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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cueball wrote: So, what activity has actually taken place in my area (NYC)? I remember seeing a list of multiple names in 2 lawsuits (that were filed about 1 year ago). From the KJs and business names listed, I recognized quite a few of them. Also, I should add that when I checked the SC site under Certified KJs and KJs who purchased/leased the GEM series, I only saw 2 KJs listed for NY (from all the KJs listed in those lawsuits last year), and one of them is in Upstate, NY (of which wouldn't know the person). HarringtonLaw wrote: Aside from those lawsuits, I honestly don't know. Thank you for a quick, honest answer to that question. earthling12357 wrote: While nothing can be done about past agreements, Soundchoice has the ability to unilaterally change the way the agreements are made in the future so that the names of those who take the exit agreement can be published. It makes sense to do this so that other KJs can help police their own areas. HarringtonLaw wrote: While your position on this will be taken into consideration for future agreements, I am not prepared at this point to commit to a "non-confidential" requirement for those settlement agreements. I agree with what Earthling said.... The agreement should be modified (just regarding those who have been ordered/agreed to drop out of the business for a 3 year period. Like I said in a previous post, we know who most of our fellow KJs are (pirates and non-pirates). Letting us know which KJs are allegedly out of the business, could only help your cause (and save you some investigative time) further down the line.
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Smoothedge69
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Posted: Thu Mar 08, 2012 3:18 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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HarringtonLaw wrote: cueball wrote: HarringtonLaw wrote: In the programs I administer, the KJ pays a reduced amount to cover past infringement, turns over all of his karaoke equipment--hard drive, laptop, discs if any, and sound equipment, etc.--and has to leave the business for three years or longer.) So you would not have seen that activity in your area.
I can't unilaterally disclose the identities of the people who have entered into that arrangement. The requirement of confidentiality is a material term of those contracts, to which both parties have agreed. But we do follow up. Excuse me, WHO the HELL are you and your firm to take someone's sound system away?? You want to take what was evidence, hard drives, and disks, that's one thing. To take their sound equipment goes above and beyond!! That is their personal property. Do you give any of it back after the three years?? Do you hold it in storage?? You guys are REALLY overstepping your bounds. Not to mention that you busted these people for doing KARAOKE. You are banning them from doing KARAOKE for three years. There is nothing about DJ work stated there. You aren't suing these people for playing regular music. You are suing them for playing illegal KARAOKE. You go too far with this. You can't just take someone's property, that they bought. That makes you no better than the pirates. You tactics ARE despicable, and just gives me MORE reason not to use your products!!!
_________________ I am the ONLY SANE 1 HERE
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Lonman
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Posted: Thu Mar 08, 2012 3:21 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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Not if it's court ordered! But these are supposed to be worst case scenerios - people borrowing and copying discs, downloading and not wanting to comply with the rules.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Smoothedge69
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Posted: Thu Mar 08, 2012 3:29 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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Lonman wrote: Not if it's court ordered! But these are supposed to be worst case scenerios - people borrowing and copying discs, downloading and not wanting to comply with the rules. Which I have said that I will not do. You know what, I don't think I like too many of you people. I don't like being talked down to.
_________________ I am the ONLY SANE 1 HERE
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Lisah
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Posted: Thu Mar 08, 2012 3:50 am |
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Joined: Mon Jan 19, 2009 10:07 pm Posts: 607 Been Liked: 1 time
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They can take your house if you sell drugs out of it. Property used in the commission of a crime can be seized. I assume that's the premise they use to take the equipment... ?
_________________ SoundChoice Certification coming soon!
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Smoothedge69
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Posted: Thu Mar 08, 2012 4:01 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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Lisah wrote: They can take your house if you sell drugs out of it. Property used in the commission of a crime can be seized. I assume that's the premise they use to take the equipment... ? This is why I don't vote Republican. Republicans allow these kinds of laws to go into effect. Property seizure goes AGAINST the fourth amendment. That is the bottom line. If someone were to try that on me, I would fight them tooth and nail.
_________________ I am the ONLY SANE 1 HERE
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birdofsong
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Posted: Thu Mar 08, 2012 5:06 am |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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Smoothedge69 wrote: Lisah wrote: They can take your house if you sell drugs out of it. Property used in the commission of a crime can be seized. I assume that's the premise they use to take the equipment... ? This is why I don't vote Republican. Republicans allow these kinds of laws to go into effect. Property seizure goes AGAINST the fourth amendment. That is the bottom line. If someone were to try that on me, I would fight them tooth and nail. Why is it that you want to hold everyone to higher legal standards than yourself?
_________________ Birdofsong
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Smoothedge69
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Posted: Thu Mar 08, 2012 5:41 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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birdofsong wrote: Smoothedge69 wrote: Lisah wrote: They can take your house if you sell drugs out of it. Property used in the commission of a crime can be seized. I assume that's the premise they use to take the equipment... ? This is why I don't vote Republican. Republicans allow these kinds of laws to go into effect. Property seizure goes AGAINST the fourth amendment. That is the bottom line. If someone were to try that on me, I would fight them tooth and nail. Why is it that you want to hold everyone to higher legal standards than yourself? How do you figure?? I have already stated that I will run a clean show. I am sincere in that. I won't even use my computer, which sucks, because I just bought it. I can bring it and post to FB while I am working. I'm not holding anyone to a higher legal standard. I am saying that they are violating the Constitution by seizing property . That is WORSE than theft, as far as I am concerned. Theft is against the law. Seizing property is against the ruling document of the country.
_________________ I am the ONLY SANE 1 HERE
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chrisavis
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Posted: Thu Mar 08, 2012 5:42 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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Smoothedge69 wrote: Excuse me, WHO the HELL are you and your firm to take someone's sound system away?? You want to take what was evidence, hard drives, and disks, that's one thing. To take their sound equipment goes above and beyond!! That is their personal property. Do you give any of it back after the three years?? Do you hold it in storage?? You guys are REALLY overstepping your bounds. Not to mention that you busted these people for doing KARAOKE. You are banning them from doing KARAOKE for three years. There is nothing about DJ work stated there. You aren't suing these people for playing regular music. You are suing them for playing illegal KARAOKE. You go too far with this. You can't just take someone's property, that they bought. That makes you no better than the pirates. You tactics ARE despicable, and just gives me MORE reason not to use your products!!! Am I to believe that you think it is okay for a thief (that is exactly what karaoke pirates are) to take someone's property and not suffer consequences - harsh consequences - when caught? How do you differentiate "regular music" from "karaoke" anyway? Artists play instruments on both. Some karaoke discs have vocals tracks that are effectively full covers of "regular music". Regardless, theft is theft, and there are consequences. Karaoke thieves are doing more than lifting a candy-bar from the grovery store. They are stealing literally 10's of thousands of dollars of music. if someone walked into a music store and stole $10,000 worth of CD's, what makes downloading $10,000 worth of karaoke music any different? -Chris
_________________ -Chris
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timberlea
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Posted: Thu Mar 08, 2012 7:16 am |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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He reminds me of the guy in court convicted of killing his partents and saying to the judge "Have mercy on me, I'm an orphan".
I also love the "I bought it, I can do anything I want with it". Does that mean if I buy a gun I can shoot anyone I want or if I buy a hammer I can break all the glass I want or if I buy a big-assed stereo system I can play it as loud as I like in my apartment building anytime I like? I think not.
_________________ You can be strange but not a stranger
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thewraith
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Posted: Thu Mar 08, 2012 12:36 pm |
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Senior Poster |
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Joined: Wed Feb 01, 2012 7:03 am Posts: 133 Location: Boston Mass Been Liked: 0 time
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Ahem, I am a registered Independant. Republicans are not for more laws, Bigger government. You should re check that. Most People who are broke vote Dem due to the far reaching hand Help me out . Also Gov Unions vote dem due to Heres our votes I want big salary and want as many days off and do as Little for my Huge salary. IMHO
I edited the last Part. I think his Fiance collects welfare and he lives with her. I can sense it he he
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Lisah
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Posted: Thu Mar 08, 2012 12:44 pm |
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Joined: Mon Jan 19, 2009 10:07 pm Posts: 607 Been Liked: 1 time
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thewraith wrote: Ahem, I am a registered Independant. Republicans are not for more laws Bigger government. You should re check that. Most People who are broke vote Dem due to the far reaching hand Help me out . IMHO I agree with you I too am Indepenent We really don't need government to tell us how go do EVERY little things in our lives. Repubs want the basic principle of our constitution to guide us in our endeavors.. it's too bad so many people do underhanded and morally wrong stuff, that makes government think they have to protect us from ourselves. And Bigger government costs MONEY! Who do you think pays that money? Besides China.. wow.. Ok.. I'm not doing politics any more!!
_________________ SoundChoice Certification coming soon!
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JimHarrington
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Posted: Thu Mar 08, 2012 1:13 pm |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Smoothedge69 wrote: HarringtonLaw wrote: cueball wrote: HarringtonLaw wrote: In the programs I administer, the KJ pays a reduced amount to cover past infringement, turns over all of his karaoke equipment--hard drive, laptop, discs if any, and sound equipment, etc.--and has to leave the business for three years or longer.) So you would not have seen that activity in your area.
I can't unilaterally disclose the identities of the people who have entered into that arrangement. The requirement of confidentiality is a material term of those contracts, to which both parties have agreed. But we do follow up. Excuse me, WHO the HELL are you and your firm to take someone's sound system away?? You want to take what was evidence, hard drives, and disks, that's one thing. To take their sound equipment goes above and beyond!! That is their personal property. Do you give any of it back after the three years?? Do you hold it in storage?? You guys are REALLY overstepping your bounds. Not to mention that you busted these people for doing KARAOKE. You are banning them from doing KARAOKE for three years. There is nothing about DJ work stated there. You aren't suing these people for playing regular music. You are suing them for playing illegal KARAOKE. You go too far with this. You can't just take someone's property, that they bought. That makes you no better than the pirates. You tactics ARE despicable, and just gives me MORE reason not to use your products!!! Bless your heart. In that settlement program, the KJ is voluntarily exiting the industry, and in the process turning over to us his karaoke music, sound system, computer, etc. In exchange, the KJ pays a reduced amount. We're not seizing anything in that situation. When we get a judgment, we do ask for the KJ's system to be seized by the court and either turned over to us or destroyed. The court has the power to order that because it is part of the statute governing trademarks. It is intended as both a remunerative remedy and a penalty. It passes Constitutional scrutiny because it is done following the due process of law. Honestly, when we sue a pirate, that pirate has several choices. He can get legal (at a much higher price, to account for the extra work SC had to do to get to that point). If he has a lot of music already but can't pass an audit (usually due to being legal for years before becoming a downloader/copier), and can't afford the price for a GEM series, we will sometimes take less money but not provide discs. Or he can get out of the industry.
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thewraith
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Posted: Thu Mar 08, 2012 2:23 pm |
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Joined: Wed Feb 01, 2012 7:03 am Posts: 133 Location: Boston Mass Been Liked: 0 time
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oh boy yet another post of mine deleted . What I say this time?
As far as you not voting republican smooth in saying republicans are the real problems, is like saying Christians against Christ. Its the democrats that are crooked!
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