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chrisavis
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Posted: Tue Mar 10, 2015 7:56 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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I showed my entire collection for my audit even though they only looked at Sound Choice. I am organizing for a follow-up audit and intend to show all my discs again. This time will be a bit of a hassle though given the large quantity of discs. But something I want to do.
My point is that as a legitimate operator, I want to demonstrate that I am buying discs for EVERYTHING. Not just the folks that are suing.
_________________ -Chris
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JimHarrington
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Posted: Tue Mar 10, 2015 8:24 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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dave wrote: Not to be difficult but could you just audit the disks with the skype and then require us to mark the disk? That way all you need is a spread sheet from us and the camera to see the actual disk. I really do not want to rip all of my disks at this time. A quality Sound choice library only needs the 2 foundations and the 5 bricks plus about 160 add on Sound Choice disks. I take it you do not need to see our D.K.-Chartbusters-Pioneer-MusicMaestro ect. We don't need to see anything other than Sound Choice. If you want to be audited as an original disc-based operator, then you do not need to rip the discs before you get audited. You do not need to rip all of your discs before being audited--just the ones you want us to audit and reflect on your certification paperwork. Most audits will be conducted via Skype.
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CafeBar
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Posted: Tue Mar 10, 2015 7:31 pm |
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Joined: Fri Dec 26, 2014 9:21 pm Posts: 245 Been Liked: 95 times
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HarringtonLaw wrote: dave wrote: Not to be difficult but could you just audit the disks with the skype and then require us to mark the disk? That way all you need is a spread sheet from us and the camera to see the actual disk. I really do not want to rip all of my disks at this time. A quality Sound choice library only needs the 2 foundations and the 5 bricks plus about 160 add on Sound Choice disks. I take it you do not need to see our D.K.-Chartbusters-Pioneer-MusicMaestro ect. We don't need to see anything other than Sound Choice. If you want to be audited as an original disc-based operator, then you do not need to rip the discs before you get audited. You do not need to rip all of your discs before being audited--just the ones you want us to audit and reflect on your certification paperwork. Most audits will be conducted via Skype. Just so I understand: I use discs only now, but as soon as I can get straight with SC, I'd like to switch to HD to protect my discs. I'd like to get certified as soon as possible to get my foot in the door during the limited window that SC will make certification available. I will do this prior to shifting media, to ensure that I'm not creating something that will be too expensive to use. If I certify with only discs, will I have reserved my right to media shift in the future, after the certification window re-closes, for at most the cost of the re-audit?
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dave
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Posted: Tue Mar 10, 2015 8:34 pm |
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Joined: Mon Jul 02, 2012 5:35 pm Posts: 130 Been Liked: 10 times
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I would think that if you prove you have the disks-it only makes sense that you are good to go on the 1to1 requirement if your disk based or on a computer or am I missing something? By proving you have the disks that should allow you 1 media shift. So much easier just to show the disks.
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DJRJ
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Posted: Mon Mar 16, 2015 9:28 am |
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Joined: Wed Jan 07, 2015 2:36 pm Posts: 14 Location: Boston, MA Been Liked: 0 time
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Brian A wrote: No probs playing my original sc’s. I have two dual pioneer cd players in the rig = 4 cd trays. Attachment: Rig2.png I am an idiot...I've been out looking for a separate LCD screen...I could just use another laptop potentially... somehow....
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Brian A
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Posted: Mon Mar 16, 2015 10:25 am |
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Joined: Mon Mar 01, 2010 12:43 pm Posts: 3912 Images: 13 Been Liked: 1672 times
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DJRJ wrote: Brian A wrote: No probs playing my original sc’s. I have two dual pioneer cd players in the rig = 4 cd trays. Attachment: Rig2.png I am an idiot...I've been out looking for a separate LCD screen...I could just use another laptop potentially... somehow.... 7” monitor tv: http://www.qualitymobilevideo.com/safes ... stand.htmlOr a 5”: http://www.ebay.com/itm/5-High-Resoluti ... 41922359d2A lot less $$ than using another laptop.
_________________ To be fortunate enough to derive an income from a source as fulfilling as karaoke music has got to be as close to heaven as we can get here on earth!
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Lil Duke
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Posted: Fri Mar 20, 2015 1:40 pm |
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Joined: Thu Feb 26, 2015 11:18 am Posts: 11 Been Liked: 1 time
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I am wondering on an audit am I just going to have to allow access to my hard drive and show I have a copy of the disc, or do I need to dig out all of my receipts for each and every disc. I don't think I have receipts for all of my discs, some I bought years ago.
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chrisavis
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Posted: Fri Mar 20, 2015 2:04 pm |
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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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Discs and the ripped copies on a drive. That's it.
_________________ -Chris
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Sqwigee
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Posted: Fri Mar 27, 2015 3:33 am |
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Joined: Tue Feb 10, 2015 5:20 pm Posts: 67 Been Liked: 17 times
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HarringtonLaw wrote: For the record, we have decided to make the maintenance audits optional. I posted that, but some posts have been removed, so it might not have made it.
We're just waiting on the software modifications to open up the certification process. I'm told the main holdup is the disc list feature, which is going to have some cool aspects to it. I will make an announcement when we've cleared testing on it. In 2005, I was asked to go digital from patrons who wanted the freedom to change their mind at the last minute, with a keystroke or two, rather than me skipping them to get the next cued singer up, while I put their old choice away, looked up & pulled their new choice and cued them next... didn't do it, as I was unsure of the legality, in 2008 I was directed to MTU & hoster, where 1) they'd hired a lawyer firm specializing in Intellectual Property Law (IP Justice) AND provided a link to a letter authored by the president of a current litigious company (no slander or libel here...) stating that if there was a 1:1 ratio, there would be no law suits(entrapment??), & shortly thereafter, a "dude in a hoodie" walked up to my table while I was... exercising my bladder, & walked out with two 360 disc binders, so I took the bate & went digital. 5 years later that very company used an antiquated trademark law insinuating that the "copies," in accordance with both the DMA of 98 & fair use law, are actually "new products," that "confuse the consumer" - even though the KJ is the consumer (a singer is lent the privilege of singing the song, but they are not expected to pay for it, nor do they leave with anything more than having had a great time and a good memory) @ any rate they would, in my opinion, prove that not only were they deceitful, but they were also being greedy (even the P.R.O.'S issue a cease & desist order, before trying to rape you of money, even if they're going to offer a settlement). I have been considering playing both of the litigious companies' discs, as they have a LOT of irreplaceable songs, or in some cases better versions either by sweep or music quality (in my opinion) than offered by other labels. Having provided their former customers like myself, with such deceit, and doing quite a bit of fear mongering, in attempts to herd everybody to their door, to buy protection from them (racketeering??) & secure a forced customer base for music they most likely already sold them, & less of it, for that matter. I am not sure that I will though, due to a reaction that seems to be reminiscent of PTSD (maybe I can seek damages?) - but every time I see the logos of both of them (the other logo was purchased by a "troll" company (not meant disrespectfully, it is my understanding that, that is what you call a company who buys a patent or a trademark, for the sole purpose of making $$ via lawsuits) I feel physically ill, & shame myself for EVER having been a customer of theirs, and regret the many thousands of dollars spent. Oddly enough downloadable purchases available from companies that are very clear about whether the rights holders are actually willing to license the songs/backing tracks into karaoke songs on an individual basis & also (in my opinion) provide some of the best renditions and ALL with superior customer service that doesn't include a lawsuit at the end of it all are more expensive on a per song basis, but (in my opinion) are well worth it. I am currently drafting letters to my Congressman, the Consumer Protection Agency, every music publisher I can get the address of (already a lot) each of the P.R.O.'s and the company I am currently leasing music from, who can't seem to explain how they are able to provide me & others with music from artists on the list, who in some cases actually wrote the song(s) in question, but simply say they are legit, because... well they say so, just like every label that sold discs through warehouse, .com, doowop, total, etc.) & so forth, begging for a Music Rights Department (like every other civilized country in the world, some real "readable" legislation, answers, reassurance - but we can't trust lawyers or the current laws, because the system proved that EVERYTHING that a paid lawyer firm said: "could NOT happen," DID, we can't trust the labels (not even the one you represent) because of recent history, & because all of them except Daiichi Kosho USA, Inc. (oddly enough & as far as I have been able to tell) have been sued by the Music Industry, over licensing issues (Compulsory or not...)(DK's mother company in Japan was sued for trying to be a monopoly, in Japan through a streaming karaoke jukebox scheme, and there may be other US based labels I am unaware of that weren't sued, but not being aware of them, I can't very well look them up) The idea that at the consumer level, a KJ might be held accountable for the misgivings of a label seemingly legit enough to get a disc to be professionally pressed, with laser security etchings & everything, saving for some producers who started to sell digital renditions on discs, or in some cases not having as many to press producing discs from a robot burner (towards the end of one of the companies life, and for the "pro" series of another), & then sold through a licensed reseller, to boot. The other problem I have with the idea of playing the original discs is that a) Say one of the P.I.'s arrives in the middle of a song, after the announcement/display of the disc has been done... picture of logo, scribble in a notebook & suddenly a suit dropped on my venue... or for that matter - given the already established deceit factor - they hear the announcement, maybe even inspect the disc, take the picture & drop a suit anyway. Best to let the litigious labels' logo slip away into obscurity - or to make FAIR legislation, that will end the corruption seemingly emanating from - the top-down (in my opinion). your take?
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DannyG2006
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Posted: Fri Mar 27, 2015 6:25 am |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5396 Location: Watebrury, CT Been Liked: 406 times
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Unfortunately, MTUs legal beagle states that fair use only applies to noncommercial use. Once you take it into the bar it is considered commercial use and you can't do that unless you gain permission.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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JimHarrington
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Posted: Fri Mar 27, 2015 9:20 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Sqwigee wrote: In 2005, I was asked to go digital from patrons who wanted the freedom to change their mind at the last minute, with a keystroke or two, rather than me skipping them to get the next cued singer up, while I put their old choice away, looked up & pulled their new choice and cued them next... didn't do it, as I was unsure of the legality, in 2008 I was directed to MTU & hoster, where 1) they'd hired a lawyer firm specializing in Intellectual Property Law (IP Justice) AND provided a link to a letter authored by the president of a current litigious company (no slander or libel here...) stating that if there was a 1:1 ratio, there would be no law suits(entrapment??), & shortly thereafter, a "dude in a hoodie" walked up to my table while I was... exercising my bladder, & walked out with two 360 disc binders, so I took the bate & went digital.
If you read the letter in question, leaving aside the fact that it was sent to Phoenix-area bar and restaurant owners, you know that it was very specific about the conditions under which media-shifting would be permitted--not merely 1:1 correspondence, but also proof of that. Sqwigee wrote: 5 years later that very company used an antiquated trademark law insinuating that the "copies," in accordance with both the DMA of 98 & fair use law, are actually "new products," that "confuse the consumer" - even though the KJ is the consumer (a singer is lent the privilege of singing the song, but they are not expected to pay for it, nor do they leave with anything more than having had a great time and a good memory)
KJs may be consumers of karaoke tracks, yes. But bar patrons are also consumers of karaoke tracks as well as the services of the KJ. The fact that they do not directly pay for the service does not mean they are not consumers or that the transaction isn't commercial. The patrons' use of the tracks is part of a commercial transaction whereby they consume food and beverages purchased from the establishment, which pays the KJ. Sqwigee wrote: @ any rate they would, in my opinion, prove that not only were they deceitful, but they were also being greedy (even the P.R.O.'S issue a cease & desist order, before trying to rape you of money, even if they're going to offer a settlement). I have been considering playing both of the litigious companies' discs, as they have a LOT of irreplaceable songs, or in some cases better versions either by sweep or music quality (in my opinion) than offered by other labels. Having provided their former customers like myself, with such deceit, and doing quite a bit of fear mongering, in attempts to herd everybody to their door, to buy protection from them (racketeering??) & secure a forced customer base for music they most likely already sold them, & less of it, for that matter
No one is asking you to "buy protection" from anyone. You are being asked to do one of the following: (1) Play the original discs you bought. (2) Prove that you have 1:1 correspondence, paying a small fee that covers a portion of our costs in certifying your status. (3) Don't use the material. Sqwigee wrote: . I am not sure that I will though, due to a reaction that seems to be reminiscent of PTSD (maybe I can seek damages?) - but every time I see the logos of both of them (the other logo was purchased by a "troll" company (not meant disrespectfully, it is my understanding that, that is what you call a company who buys a patent or a trademark, for the sole purpose of making $$ via lawsuits) I feel physically ill, & shame myself for EVER having been a customer of theirs, and regret the many thousands of dollars spent. Oddly enough downloadable purchases available from companies that are very clear about whether the rights holders are actually willing to license the songs/backing tracks into karaoke songs on an individual basis & also (in my opinion) provide some of the best renditions and ALL with superior customer service that doesn't include a lawsuit at the end of it all are more expensive on a per song basis, but (in my opinion) are well worth it.
If you can't bring yourself to follow one of the above-listed rules, it's probably for the best. Sqwigee wrote: I am currently drafting letters to my Congressman, the Consumer Protection Agency, every music publisher I can get the address of (already a lot) each of the P.R.O.'s and the company I am currently leasing music from, who can't seem to explain how they are able to provide me & others with music from artists on the list, who in some cases actually wrote the song(s) in question, but simply say they are legit, because... well they say so, just like every label that sold discs through warehouse, .com, doowop, total, etc.) & so forth, begging for a Music Rights Department (like every other civilized country in the world, some real "readable" legislation, answers, reassurance - but we can't trust lawyers or the current laws, because the system proved that EVERYTHING that a paid lawyer firm said: "could NOT happen," DID, we can't trust the labels (not even the one you represent) because of recent history, & because all of them except Daiichi Kosho USA, Inc. (oddly enough & as far as I have been able to tell) have been sued by the Music Industry, over licensing issues (Compulsory or not...)(DK's mother company in Japan was sued for trying to be a monopoly, in Japan through a streaming karaoke jukebox scheme, and there may be other US based labels I am unaware of that weren't sued, but not being aware of them, I can't very well look them up) The idea that at the consumer level, a KJ might be held accountable for the misgivings of a label seemingly legit enough to get a disc to be professionally pressed, with laser security etchings & everything, saving for some producers who started to sell digital renditions on discs, or in some cases not having as many to press producing discs from a robot burner (towards the end of one of the companies life, and for the "pro" series of another), & then sold through a licensed reseller, to boot. Good luck with that. Sqwigee wrote: The other problem I have with the idea of playing the original discs is that a) Say one of the P.I.'s arrives in the middle of a song, after the announcement/display of the disc has been done... picture of logo, scribble in a notebook & suddenly a suit dropped on my venue... or for that matter - given the already established deceit factor - they hear the announcement, maybe even inspect the disc, take the picture & drop a suit anyway. Best to let the litigious labels' logo slip away into obscurity - or to make FAIR legislation, that will end the corruption seemingly emanating from - the top-down (in my opinion).
your take? We don't file lawsuits based upon such limited information.
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Sqwigee
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Posted: Fri Mar 27, 2015 1:45 pm |
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Joined: Tue Feb 10, 2015 5:20 pm Posts: 67 Been Liked: 17 times
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Okay, it seems as though you did in the excursion up & down I-5,although it was a sister bar of my venue, who'd fired the KJ there, on their own, before the suit was filed, & while I wasn't mentioned in the suit, nor the venue I am at, the recommendation to include the other bars to enact double indemnity protection (which I don't think is a factor, in a "civil" case), ended up costing a pretty penny, because when asked if I (the only remaining KJ) had all of my discs, the answer was of course: "yes, & invoices for anything acquired digitally;" So why settle/admit to wrong doing, when there isn't any? (in principle) - answer because the accuser will drag preliminary motions & hearings out, until financially you have no other choice. In another thread I saw you posted a comment criticising a fellow KJ about such a poor business model, with regards to the pitifully small income it generates. It is my experience, that KJ's who don't own their show, don't put their heart into it, so multi-riggers are usually all about the money, although 2 times "not much," still isn't much. It is/should be done for the love of music & people, to help build people up. I've said on MANY occasions & I maintain that if someone is getting in this for the money, they'd better quit & just be a DJ, who pays 1/2 as much for their music, & charges twice or more for pressing buttons & not mixing live Sound. I've even had a professional roadie laugh @ me, stating they wouldn't even load/unload my equipment, for what I get paid a night. When I first started, I had nearly 200 discs, though I felt that was insufficient, & when I found a gig, had to rent a P.A. system @ $90 a night 150-90-travel & other expenses (book/song slip production, etc.) plus trying to save up for equipment... Looooooooong row to hoe! But worth it, besides the current debacle! I appreciate your insights, though we seem to disagree on some points, as I stated I have the ability to play discs outright, but I don't know if I have the stomach for it & the reason I never bought laser discs, was to avoid the hassle of multiple mediums/players, etc. & things seemed to be headed towards CDG, which now seems to be a fairly dead technology. I am sorry I can't trust that the motives of the companies in question are not solely for their own financial gain, but in a world where trust is backed by the almighty dollar... There can be no trust... Trust is earned in my world, not bought & sold, or sued for. I am embarrassed to live in a society that rewards, through lawsuits, adults who, when ordering a coffee (not an ice coffee) feel that they need a warning on the cup to advise them that it's hot, the landmark case that seems to taught us that there's more $ to be made in suing other's than by actually doing something worthwhile.
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jclaydon
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Posted: Sat Mar 28, 2015 1:15 am |
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Super Duper Poster |
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Joined: Fri Jun 18, 2010 11:16 pm Posts: 2027 Location: HIgh River, AB Been Liked: 268 times
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That case was slightly misleading. It wasn't JUST that the coffee was hot. It was the coffee was TOO hot, to the point where the woman in question suffered 3rd degree burns and had to undergo EXTENSIVE skin grafts.
Yes, she was really stupid for putting the coffee between her legs, but if the coffee had been normal temperature the worst she would have suffered is somewhere between 1st and second degree burns.
-James
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Sqwigee
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Posted: Sat Mar 28, 2015 2:03 am |
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Joined: Tue Feb 10, 2015 5:20 pm Posts: 67 Been Liked: 17 times
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Not to be too picky about details, but having managed a Dunkin Donuts & an espresso shop, for a combined total of 10 years coffee is brewed @ between 190-198°.not much beyond that, it turns to steam, 3rd degree burns require a hotter temp. (1st degree = red & swollen; 2nd=blistering, red & swollen;3rd melting flesh & kills the nerves immediately.) Although back in the day, 99° was considered a low grade fever...
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JimHarrington
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Posted: Sat Mar 28, 2015 3:50 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Sqwigee wrote: Not to be too picky about details, but having managed a Dunkin Donuts & an espresso shop, for a combined total of 10 years coffee is brewed @ between 190-198°.not much beyond that, it turns to steam, 3rd degree burns require a hotter temp. (1st degree = red & swollen; 2nd=blistering, red & swollen;3rd melting flesh & kills the nerves immediately.) Although back in the day, 99° was considered a low grade fever... The real facts in that case are not what you've suggested. http://www.lectlaw.com/files/cur78.htm
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Bazza
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Posted: Sat Mar 28, 2015 4:42 am |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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Sqwigee wrote: 3rd degree burns require a hotter temp. Nope. The Case... wrote: Plaintiffs' expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. You aren't hospitalized for 8 days and undergoing debriding treatments for minor burns. Why don't you put on some sweatpants, and pour some 180 degree water in your crotch to test your theory.
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mrmarog
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Posted: Sat Mar 28, 2015 5:05 am |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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jclaydon wrote: That case was slightly misleading. It wasn't JUST that the coffee was hot. It was the coffee was TOO hot, to the point where the woman in question suffered 3rd degree burns and had to undergo EXTENSIVE skin grafts.
Yes, she was really stupid for putting the coffee between her legs, but if the coffee had been normal temperature the worst she would have suffered is somewhere between 1st and second degree burns.
-James James, PLEASE, that is like requiring a warning be put on a snow shovel warning that using it could cause a heart attack. Some things don't need explanations and hot coffee is one of them.
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Lonman
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Posted: Sat Mar 28, 2015 9:33 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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Just like the warning on peanuts found on airplanes "MAY CONTAIN PEANUTS".
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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dsm2000
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Posted: Sat Mar 28, 2015 10:29 am |
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Joined: Sat Nov 01, 2014 8:41 am Posts: 682 Been Liked: 259 times
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Lonman wrote: Just like the warning on peanuts found on airplanes "MAY CONTAIN PEANUTS". Scariest part of this warning is the "May". What did they fill the bag up with if it was a "Not May" bag? 8>)
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Brian A
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Posted: Sat Mar 28, 2015 11:39 am |
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Joined: Mon Mar 01, 2010 12:43 pm Posts: 3912 Images: 13 Been Liked: 1672 times
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Another McD's hot coffee controversy http://www.huffingtonpost.com/2013/11/0 ... 92626.htmlWhy is it that hot coffee always spilled on the groin area? More $$ for a poached groin?
_________________ To be fortunate enough to derive an income from a source as fulfilling as karaoke music has got to be as close to heaven as we can get here on earth!
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