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Cueball
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Posted: Tue Apr 17, 2012 5:16 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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Smoothedge69 wrote: Lonman wrote: There is no 'guarantee' in life in general. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! That's not fully true. I can give you an iron clad guarantee that I will NEVER throw a meteorite at you from the top of a ladder. What about from the next to last step from the top of that ladder?
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earthling12357
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Posted: Tue Apr 17, 2012 5:23 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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A guarantee is meaningless if there is no penalty for dishonoring that guarantee that is greater than the gains of dishonoring the guarantee.
For that reason, I find all the talk of ironclad guarantees to be pointless. None of the guarantees offered have any value. Much like the covenant not to sue, it's a one-sided offer with no teeth and leaves the KJ in the exact same position as prior to the offer. In both situations (ironclad guarantee, covenant not to sue) Soundchoice can still sue if they want to sue without any consequences to Soundchoice. They are designed that way.
_________________ KNOW THYSELF
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Second City Song
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Posted: Tue Apr 17, 2012 5:26 pm |
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Senior Poster |
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Joined: Tue Oct 11, 2011 3:00 am Posts: 192 Location: Illinois Been Liked: 16 times
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earthling12357 wrote: Second City Song wrote: Well, whatever. But like I said, any common sense KJ would take this as a pretty good indicator that a mediashift, without permission, of Sound Choice discs, can bring on legal problems of trademark infringement upon oneself. Sounds best to get permission first. Actually, it is the fact that soundchoice has decided to sue people for using computers that would indicate the use of a computer could lead to legal problems from soundchoice, not any decisions by any court (because there are none against a KJ who owns the tracks he plays). WHATEVER!!!! I can read! From the consent: CONCLUSIONS OF LAW 4. As a matter of law, the elements of both trademark infringement and federal unfair competition under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), are identical.
5. Leimone’s activities constitute trademark infringement and federal unfair competition.Comprehending "CONCLUSIONS OF LAW" is not dificult! Does the word "Law" & "Conclusion" not mean anything????? Why are some on this forum so nit-picky?
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Lonman
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Posted: Tue Apr 17, 2012 5:30 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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earthling12357 wrote: Much like the covenant not to sue, it's a one-sided offer with no teeth and leaves the KJ in the exact same position as prior to the offer. In both situations (ironclad guarantee, covenant not to sue) Soundchoice can still sue if they want to sue without any consequences to Soundchoice. Sure they can, but will they - probability falls pretty slim, just like them telling you to use your discs, the probability of them sueing an ODB is slim. There is no such thing as a 100% guarantee.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Smoothedge69
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Posted: Tue Apr 17, 2012 5:40 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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cueball wrote: Smoothedge69 wrote: Lonman wrote: There is no 'guarantee' in life in general. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! That's not fully true. I can give you an iron clad guarantee that I will NEVER throw a meteorite at you from the top of a ladder. What about from the next to last step from the top of that ladder? Well, that's a different story, altogether.
_________________ I am the ONLY SANE 1 HERE
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Paradigm Karaoke
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Posted: Tue Apr 17, 2012 5:45 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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Lonman wrote: They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. in a situation like this where the song list is at a reasonable size, would it not be better to err on the side of caution and not sue? if the situation was 100,000 tracks, sure. but a situation like his seems to be only a media shift issue, which cost SC absolutely nothing, and not worth the trouble of court and the pr issues.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Smoothedge69
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Posted: Tue Apr 17, 2012 5:50 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Paradigm Karaoke wrote: Lonman wrote: They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. in a situation like this where the song list is at a reasonable size, would it not be better to err on the side of caution and not sue? if the situation was 100,000 tracks, sure. but a situation like his seems to be only a media shift issue, which cost SC absolutely nothing, and not worth the trouble of court and the pr issues. Very true. KJ with only a few thousand songs is much less likely to be a pirate. Though to some, a media shifter is STILL a pirate, including Harrington, or so it would seem.
_________________ I am the ONLY SANE 1 HERE
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MadMusicOne
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Posted: Tue Apr 17, 2012 6:02 pm |
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Joined: Mon Oct 24, 2011 12:41 am Posts: 652 Images: 0 Been Liked: 48 times
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Lonman wrote: There is no 'guarantee' in life in general. Might they sue you by mistake - sure, who knows, they may name you in a suit mistakenly even never playing a SC disc. COuld you be sued from someone because your microphone shocked them - sure. Could you be sued from someone because a song you sang created so much controversy that they cause them to have a heart attack. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! It would be unrealistic to think you can. They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. Lonman, ....This is what concerns me. I do have my actual hardware CDG Player which I wanted to eliminate from setting up (will still carry but only as back-up) since I was planning on playing my other (media-shifted karaoke library) from a software player that would play both Karaoke Files and Cdg's (For My Sound Choice Cdg's and any Singer's Legal Cdg). ....It does concern me that I would be suspicious in the eyes of an investigator and named in a lawsuit. And I know, the easiest thing to do, before anyone reminds me, would just be to drop the Sound Choice Brand. But for me, it's hard to do, they were one of the major players in my Karaoke Upbringing (back in the day). However, what I would loose in Sound Choice I probably have in other brands. It's somewhere around 4800 tracks (give or take).
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Smoothedge69
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Posted: Tue Apr 17, 2012 6:06 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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MadMusicOne wrote: Lonman wrote: There is no 'guarantee' in life in general. Might they sue you by mistake - sure, who knows, they may name you in a suit mistakenly even never playing a SC disc. COuld you be sued from someone because your microphone shocked them - sure. Could you be sued from someone because a song you sang created so much controversy that they cause them to have a heart attack. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! It would be unrealistic to think you can. They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. Lonman, ....This is what concerns me. I do have my actual hardware CDG Player which I wanted to eliminate from setting up (will still carry but only as back-up) since I was planning on playing my other (media-shifted karaoke library) from a software player that would play both Karaoke Files and Cdg's (For My Sound Choice Cdg's and any Singer's Legal Cdg). ....It does concern me that I would be suspicious in the eyes of an investigator and named in a lawsuit. And I know, the easiest thing to do, before anyone reminds me, would just be to drop the Sound Choice Brand. But for me, it's hard to do, they were one of the major players in my Karaoke Upbringing (back in the day). However, what I would loose in Sound Choice I probably have in other brands. It's somewhere around 4800 tracks (give or take). I'm not sure that you are allowed to play the CDGs through a computer. I keep seeing that they have to be played using a CDG player, not a ROM drive. I may be wrong.
_________________ I am the ONLY SANE 1 HERE
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MadMusicOne
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Posted: Tue Apr 17, 2012 6:14 pm |
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Joined: Mon Oct 24, 2011 12:41 am Posts: 652 Images: 0 Been Liked: 48 times
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c. staley wrote: MadMusicOne wrote: ...I understand your opinion, I really do. However, they are one of the better brands out there. I could go through with the audit but I've expressed that I don't agree with some of the wording. However, I do still want to have them for use.
...Anyone who has ever been at one of my shows knows how nutty I act and things that I announce from time to time. Not every track that I will playing will be Sound Choice, so I will not be saying the same phrase over and over, all show long. Just have to use the creative side. Not really that big of a deal. With all due respect to your decision(s), I won't do their "song and dance" to play the disc I've already paid for. That requirement was not part of the original purchase and I'll be dam*ed if I'm gonna operate differently out of fear of their lawsuits.Hey C.Staley, ...Almost forgot to reply. Thanks for the "With all due respect to your decision(s)" comment. I understand the frustrations with everyone in the last several years (KJ's and Manufacturers) relating to the "REAL THIEVES" vs. KJ's (media/format shifters and disc-based users).
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MadMusicOne
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Posted: Tue Apr 17, 2012 6:20 pm |
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Joined: Mon Oct 24, 2011 12:41 am Posts: 652 Images: 0 Been Liked: 48 times
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Smoothedge69 wrote: MadMusicOne wrote: Lonman wrote: There is no 'guarantee' in life in general. Might they sue you by mistake - sure, who knows, they may name you in a suit mistakenly even never playing a SC disc. COuld you be sued from someone because your microphone shocked them - sure. Could you be sued from someone because a song you sang created so much controversy that they cause them to have a heart attack. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! It would be unrealistic to think you can. They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. Lonman, ....This is what concerns me. I do have my actual hardware CDG Player which I wanted to eliminate from setting up (will still carry but only as back-up) since I was planning on playing my other (media-shifted karaoke library) from a software player that would play both Karaoke Files and Cdg's (For My Sound Choice Cdg's and any Singer's Legal Cdg). ....It does concern me that I would be suspicious in the eyes of an investigator and named in a lawsuit. And I know, the easiest thing to do, before anyone reminds me, would just be to drop the Sound Choice Brand. But for me, it's hard to do, they were one of the major players in my Karaoke Upbringing (back in the day). However, what I would loose in Sound Choice I probably have in other brands. It's somewhere around 4800 tracks (give or take). I'm not sure that you are allowed to play the CDGs through a computer. I keep seeing that they have to be played using a CDG player, not a ROM drive. I may be wrong.....I hear ya. I don't know but Mr. Harrington might have to find the answer. I thought I read, in another thread, that someone had already posted that question and received the answer that it was approved to do so. There is software programs that will play CDG's. I was about to pull the trigger on one (purchase). The other one I have doesn't play them.
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Smoothedge69
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Posted: Tue Apr 17, 2012 6:22 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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MadMusicOne wrote: Smoothedge69 wrote: MadMusicOne wrote: Lonman wrote: There is no 'guarantee' in life in general. Might they sue you by mistake - sure, who knows, they may name you in a suit mistakenly even never playing a SC disc. COuld you be sued from someone because your microphone shocked them - sure. Could you be sued from someone because a song you sang created so much controversy that they cause them to have a heart attack. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! It would be unrealistic to think you can. They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. Lonman, ....This is what concerns me. I do have my actual hardware CDG Player which I wanted to eliminate from setting up (will still carry but only as back-up) since I was planning on playing my other (media-shifted karaoke library) from a software player that would play both Karaoke Files and Cdg's (For My Sound Choice Cdg's and any Singer's Legal Cdg). ....It does concern me that I would be suspicious in the eyes of an investigator and named in a lawsuit. And I know, the easiest thing to do, before anyone reminds me, would just be to drop the Sound Choice Brand. But for me, it's hard to do, they were one of the major players in my Karaoke Upbringing (back in the day). However, what I would loose in Sound Choice I probably have in other brands. It's somewhere around 4800 tracks (give or take). I'm not sure that you are allowed to play the CDGs through a computer. I keep seeing that they have to be played using a CDG player, not a ROM drive. I may be wrong.....I hear ya. I don't know but Mr. Harrington might have to find the answer. I thought I read, in another thread, that someone had already posted that question and received the answer that it was approved to do so. There is software programs that will play CDG's. I was about to pull the trigger on one (purchase). The other one I have doesn't play them. Does CompuHost??
_________________ I am the ONLY SANE 1 HERE
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MadMusicOne
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Posted: Tue Apr 17, 2012 6:24 pm |
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Joined: Mon Oct 24, 2011 12:41 am Posts: 652 Images: 0 Been Liked: 48 times
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....Siglos and.....will have to google. Forgot
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earthling12357
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Posted: Tue Apr 17, 2012 6:25 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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Second City Song wrote: earthling12357 wrote: Second City Song wrote: Well, whatever. But like I said, any common sense KJ would take this as a pretty good indicator that a mediashift, without permission, of Sound Choice discs, can bring on legal problems of trademark infringement upon oneself. Sounds best to get permission first. Actually, it is the fact that soundchoice has decided to sue people for using computers that would indicate the use of a computer could lead to legal problems from soundchoice, not any decisions by any court (because there are none against a KJ who owns the tracks he plays). WHATEVER!!!! I can read! From the consent: CONCLUSIONS OF LAW 4. As a matter of law, the elements of both trademark infringement and federal unfair competition under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), are identical.
5. Leimone’s activities constitute trademark infringement and federal unfair competition.Comprehending "CONCLUSIONS OF LAW" is not dificult! Does the word "Law" & "Conclusion" not mean anything????? Why are some on this forum so nit-picky? It was not a court that decided the case. I know you can read, but did you read the thread you posted the link from here? Do we really have to repeat the whole thing here? No law concerning "media shifting" was confirmed or created by this case.earthling12357 wrote: What you are doing here is pretending that the judge decided to hold his own personal trial of this case in spite of the fact that the parties to the case came to an agreement. And then you are taking bits of the decree out of context in an effort to support your own mistaken conclusions. Here is the context you are missing: Quote: The court finds that Slep-Tone and Leimone have reached agreement upon the operative facts and law and have requested entry of a decree reflecting that agreement. With the consent of the Defendant, Daniel Louis Leimone ("Leimone"), the court hereby enters judgment for the Plantiff against Leimone on all claims. In support of the decree, the court makes the following: " The court finds that Slep-Tone and Leimone have reached agreement upon the operative facts and law " The findings of fact were submitted by the Plaintiff and the Defendant, not the judge. " The court finds that Slep-Tone and Leimone have reached agreement upon the operative facts and law " The conclusions of law were submitted by the Plaintiff and the Defendant, not the judge. "Accordingly, in view of the foregoing," Here is the context of the foregoing: Quote: This matter is before the court upon the joint motion of Plaintiff Slep-Tone Entertainment Corporation ("Slep-Tone") and Defendant Daniel Louis Leimone ("Leimone") for entry of a consent decree on specified terms. Every bit of this consent decree was authored by the Plaintiff and the Defendant, not the judge. The only thing that was confirmed as valid was the agreement of the two parties as it pertains to those two parties. Second City Song wrote: Why are some on this forum so nit-picky? It's the law that is nit-picky, ignoring the parts you don't like doesn't change it. Ask a pirate.
_________________ KNOW THYSELF
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MadMusicOne
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Posted: Tue Apr 17, 2012 6:32 pm |
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Joined: Mon Oct 24, 2011 12:41 am Posts: 652 Images: 0 Been Liked: 48 times
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MadMusicOne wrote: ....Siglos and.....will have to google. Forgot ...Just looked up and remembered calling/asking them last week. They told me "Not currently but it has been suggested by others and might be added in their future updates." So, no cdg player currently now on Compuhost.
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Smoothedge69
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Posted: Tue Apr 17, 2012 6:43 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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MadMusicOne wrote: MadMusicOne wrote: ....Siglos and.....will have to google. Forgot ...Just looked up and remembered calling/asking them last week. They told me "Not currently but it has been suggested by others and might be added in their future updates." So, no cdg player currently now on Compuhost. That's funny. A $200 program that doesn't play CDG, but the FREE Karafun does. AMAZING. Too bad Karafun is not for commercial use. I swear, there are programmers and company executives with their heads stuck so far up their own asses. Why can't they all just do what is best for the hosts? They HAVE to stop making things so difficult and complicated. From the Karaoke program producers to the Karaoke manus, they have got to get together and simplify the whole industry.
_________________ I am the ONLY SANE 1 HERE
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birdofsong
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Posted: Tue Apr 17, 2012 7:54 pm |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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Lonman wrote: There is no 'guarantee' in life in general. Might they sue you by mistake - sure, who knows, they may name you in a suit mistakenly even never playing a SC disc. COuld you be sued from someone because your microphone shocked them - sure. Could you be sued from someone because a song you sang created so much controversy that they cause them to have a heart attack. Can you guarantee me that i'm not going to get hit by a falling meteroite? No, you cannot put a 100% guarantee on ANYTHING!!! It would be unrealistic to think you can. They don't purposely sue disc based users. If they saw a computer being used, that is where I could see the mistake being as one could not tell unless they are up there watching your every step that you are playing from discs or the computer - which I think was what happened to Rodney, he uses a computer for other things BUT karaoke. Lonman, The difference being a Sound Choice suit and ALL of your other examples is that Sound Choice filing a suit is a deliberate action. There's a BIG difference between "Oops, a Meteorite!" and "Oops, a Lawsuit!" Sound Choice has complete control over what they do, and making sure that they are careful and accurate.
_________________ Birdofsong
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timberlea
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Posted: Tue Apr 17, 2012 8:10 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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"I disagree timberlea. I'll only accept a written guarantee from the company signed by the owner of the trademark. Not a representative. This way, there is no chance for any misunderstanding or misrepresentation."
Chip, I doubt that few, if any, guarantees on any products you have bought have been either signed by the owner or CEO of that company.
A company that has IP, has a choice of whether they will or will not give permission or whether they will or will not charge you to make back ups, media shift with current or future hardwear for commercial purposes. That is THEIR right. You have the right to do so for personal use under "Fair use" which is clearly spelled out in both the Copyright Act and Trademark Act.
_________________ You can be strange but not a stranger
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Smoothedge69
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Posted: Tue Apr 17, 2012 8:24 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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timberlea wrote: A company that has IP, has a choice of whether they will or will not give permission or whether they will or will not charge you to make back ups, media shift with current or future hardwear for commercial purposes. That is THEIR right.
It may be their right to charge for that permission, but it's a pretty crappy thing to do to their customers. It just shows that their bottom line is more important to them than the people who HAVE done the right thing and bought their products and already put money in their coffers.
_________________ I am the ONLY SANE 1 HERE
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Cueball
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Posted: Tue Apr 17, 2012 8:26 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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Second City Song wrote: Why are some on this forum so nit-picky? earthling12357 wrote: It's the law that is nit-picky, ignoring the parts you don't like doesn't change it. Ask a pirate. Don't you mean, ask a pirate who has already been sued for this issue?
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