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BigJer
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Posted: Thu Sep 23, 2010 7:49 am |
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Joined: Fri Aug 28, 2009 10:42 pm Posts: 1064 Been Liked: 92 times
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For the sake of argument, let's say Sound Choice doesn't have legal rights to every single track they've produced.
Feel free to call them nasty names, but does it REALLY seem likely to ANYONE here that Sound Choice will have stolen the rights to every single track that a pirate might happen to have on his hard drive should a lawsuit arise?
If a defendant wanted to invoke some sort of argument that Sound Choice didn't have the right to sue because their own hands weren't clean that all Sound Choice would have to do to avoid dealing with this argument would be to refrain from naming any tracks that their legal rights aren't crystal clear on in the lawsuit. If the tracks aren't objects of the suit then their licensing would be irrelevant to the case. With most pirates having thousands of Sound Choice's tracks that were legally licensed on their hard drive that leaves plenty of fair game for Sound Choice to sue the hell out of them.
So what's the point?
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C Mark
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Posted: Thu Sep 23, 2010 7:59 am |
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Joined: Wed Sep 22, 2010 4:31 pm Posts: 1 Been Liked: 0 time
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So someone tell me. Where is a legitimate source for downloading tracks? There has to be a legal source for it. At this point I'm not using any Sound Choice material at all. I just want to know how to stay legal and still be able to afford to stay in business.
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jamkaraoke
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Posted: Thu Sep 23, 2010 8:09 am |
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Joined: Thu Dec 26, 2002 10:54 am Posts: 3485 Location: New Jersey , USA Been Liked: 0 time
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cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited?
Scary thought !!!!
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c. staley
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Posted: Sat Sep 25, 2010 10:58 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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lehidude @ Thu Sep 23, 2010 5:40 am wrote: Well it sure was getting lonely with the crickets, Chip! I knew I could count on you to reference the 'holy grail' of your argument. So anyway, I took some time out of my busy flag-waving schedule and sat down to read it AGAIN. Funny, it says the same thing as it did 5 months ago when I read it. Just because a plaintiff's lawyer alleges a conduct was willful, doesn't make it willful. Hmmm... Let's see.... SC has been in the karaoke business since when? And are you alleging that they "accidently forgot" to license these tracks? There was no license when the suit was filed... or it wouldn't have been filed and they had been selling these tracks for how many years?.... Read that as "intentional" lehidude @ Thu Sep 23, 2010 5:40 am wrote: Do you have a vested interest in Sound Choice falling flat on it's face? Do you truly believe that they're hypocrites? I never once made them out to be angels, but they've done more to combat piracy than ANYONE else has done. They used to produce outstanding karaoke tracks, and that has all but disintegrated on account of the one thing they're making a strong effort to stop. If you and the others wanna continue to bash their efforts or their motives, then so be it. I'm gonna continue applauding their efforts, and help out anyway I can to get rid of the biggest threat to the industry that most of us here count on.
(1) Absolutely I have a vested interest....
(2) Yes, I believe they are hypocrites...
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Lonman
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Posted: Sat Sep 25, 2010 11:13 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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C Mark @ Thu Sep 23, 2010 8:59 am wrote: So someone tell me. Where is a legitimate source for downloading tracks? There has to be a legal source for it. At this point I'm not using any Sound Choice material at all. I just want to know how to stay legal and still be able to afford to stay in business.
Everyone is going to believe what they want as far as legalities (as you can see from the thread). Mine is, not one download site i've come across to date says their karaoke tracks are ok for commercial use, but for private/home use only. Others feel that it's gray enough to be able skirt around it.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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lehidude
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Posted: Sat Sep 25, 2010 2:29 pm |
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Major Poster |
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Joined: Sat Mar 03, 2007 3:34 am Posts: 69 Been Liked: 0 time
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c. staley @ Sat Sep 25, 2010 1:58 pm wrote: (1) Absolutely I have a vested interest....
Well then it makes more sense to me that you'd latch on to your VERY weak argument, and CONTINUE to refer to this case ad infinitum.
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c. staley
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Posted: Sun Sep 26, 2010 12:09 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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lehidude @ Sat Sep 25, 2010 8:29 pm wrote: c. staley @ Sat Sep 25, 2010 1:58 pm wrote: (1) Absolutely I have a vested interest.... Well then it makes more sense to me that you'd latch on to your VERY weak argument, and CONTINUE to refer to this case ad infinitum.
"ad infinitum?" I don't think so and, no, there's LOTS of other cases that can be used as an example. You just have to take your head out of SC's rear end far enough to see them.... they're there.
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JoeChartreuse
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Posted: Tue Sep 28, 2010 12:36 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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toqer @ Wed Sep 15, 2010 4:43 pm wrote: This is not a revenue model for SC. Trust me on this. I know the company well. .
Um, no. You also sit "on the board" of the KIAA ( Whom I consider an SC noisemaker only, and in my opinion a scam..).. I have asked on several occasions for an actual physical address, and the person (s) in charge of the dispursement of funds collected by them and toward what purpose. NOTE: As previously posted, their mail goes to a prestige box in an office building in which they have no residence- a trick used by bedroom entrepreneurs to look more "busisness" -like.
You want trust? How about some answers?
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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karaoke for food.....
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Posted: Fri Oct 08, 2010 1:55 am |
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Advanced Poster |
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Joined: Mon Apr 30, 2007 8:27 pm Posts: 265 Been Liked: 0 time
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I love it..harmony, peace, goodwill, brotherhood in karaokeland. Now....what could be better?....Does cutting your own throat come to mind? ummm...tea anyone?
_________________ Sweet Little Me In Karaokeland........
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DannyG2006
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Posted: Fri Oct 08, 2010 9:51 am |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5395 Location: Watebrury, CT Been Liked: 406 times
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rumbolt @ Thu Sep 23, 2010 9:26 am wrote: cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited? Since I run 100% on disc and SC does Know that, I am not worried it I were to be audited. I have had a discussion with Kurt about the liability of playing a burned disc and made the decision a while ago to no longer do that in my shows. The manus do take into account that customers will bring in their own disc but I think if they see a show using disc (all factory originals) then they will keep moving on to the shows that are pc based.
Yeah but I knew of several in my area that were disc based pirates.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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rumbolt
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Posted: Fri Oct 08, 2010 1:11 pm |
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Joined: Sun May 30, 2004 6:38 pm Posts: 804 Location: Knoxville, Tennessee Been Liked: 56 times
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DannyG2006 @ Fri Oct 08, 2010 12:51 pm wrote: rumbolt @ Thu Sep 23, 2010 9:26 am wrote: cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited? Since I run 100% on disc and SC does Know that, I am not worried it I were to be audited. I have had a discussion with Kurt about the liability of playing a burned disc and made the decision a while ago to no longer do that in my shows. The manus do take into account that customers will bring in their own disc but I think if they see a show using disc (all factory originals) then they will keep moving on to the shows that are pc based. Yeah but I knew of several in my area that were disc based pirates.
If you are refering to copies (counterfit), The ones I have seen are pretty easy to spot (laser printed). There is one kj in my area that runs his show on burns and yes I consider him a pirate until he can show that he has ALL his original disc.
_________________ No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!
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DannyG2006
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Posted: Fri Oct 08, 2010 2:26 pm |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5395 Location: Watebrury, CT Been Liked: 406 times
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rumbolt @ Fri Oct 08, 2010 4:11 pm wrote: DannyG2006 @ Fri Oct 08, 2010 12:51 pm wrote: rumbolt @ Thu Sep 23, 2010 9:26 am wrote: cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited? Since I run 100% on disc and SC does Know that, I am not worried it I were to be audited. I have had a discussion with Kurt about the liability of playing a burned disc and made the decision a while ago to no longer do that in my shows. The manus do take into account that customers will bring in their own disc but I think if they see a show using disc (all factory originals) then they will keep moving on to the shows that are pc based. Yeah but I knew of several in my area that were disc based pirates. If you are refering to copies (counterfit), The ones I have seen are pretty easy to spot (laser printed). There is one kj in my area that runs his show on burns and yes I consider him a pirate until he can show that he has ALL his original disc.
I know of a guy that on site would burn a copy of a disc you brought in to trade with him for a disc he had that you didn't ( never took him up on it though). Was blatant in asking to do so if he saw you had outside discs that he didn't.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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rumbolt
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Posted: Fri Oct 08, 2010 3:27 pm |
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Joined: Sun May 30, 2004 6:38 pm Posts: 804 Location: Knoxville, Tennessee Been Liked: 56 times
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DannyG2006 @ Fri Oct 08, 2010 5:26 pm wrote: rumbolt @ Fri Oct 08, 2010 4:11 pm wrote: DannyG2006 @ Fri Oct 08, 2010 12:51 pm wrote: rumbolt @ Thu Sep 23, 2010 9:26 am wrote: cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited? Since I run 100% on disc and SC does Know that, I am not worried it I were to be audited. I have had a discussion with Kurt about the liability of playing a burned disc and made the decision a while ago to no longer do that in my shows. The manus do take into account that customers will bring in their own disc but I think if they see a show using disc (all factory originals) then they will keep moving on to the shows that are pc based. Yeah but I knew of several in my area that were disc based pirates. If you are refering to copies (counterfit), The ones I have seen are pretty easy to spot (laser printed). There is one kj in my area that runs his show on burns and yes I consider him a pirate until he can show that he has ALL his original disc.I know of a guy that on site would burn a copy of a disc you brought in to trade with him for a disc he had that you didn't ( never took him up on it though). Was blatant in asking to do so if he saw you had outside discs that he didn't.
Now that is pretty shifty. That is a nice trick to pull on his singers, to aquire legal discs. The PT Barnum "sucker born every minute" saying still lives!!!!!!
_________________ No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!
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DannyG2006
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Posted: Fri Oct 08, 2010 3:37 pm |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5395 Location: Watebrury, CT Been Liked: 406 times
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rumbolt @ Fri Oct 08, 2010 6:27 pm wrote: DannyG2006 @ Fri Oct 08, 2010 5:26 pm wrote: rumbolt @ Fri Oct 08, 2010 4:11 pm wrote: DannyG2006 @ Fri Oct 08, 2010 12:51 pm wrote: rumbolt @ Thu Sep 23, 2010 9:26 am wrote: cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited? Since I run 100% on disc and SC does Know that, I am not worried it I were to be audited. I have had a discussion with Kurt about the liability of playing a burned disc and made the decision a while ago to no longer do that in my shows. The manus do take into account that customers will bring in their own disc but I think if they see a show using disc (all factory originals) then they will keep moving on to the shows that are pc based. Yeah but I knew of several in my area that were disc based pirates. If you are refering to copies (counterfit), The ones I have seen are pretty easy to spot (laser printed). There is one kj in my area that runs his show on burns and yes I consider him a pirate until he can show that he has ALL his original disc.I know of a guy that on site would burn a copy of a disc you brought in to trade with him for a disc he had that you didn't ( never took him up on it though). Was blatant in asking to do so if he saw you had outside discs that he didn't. Now that is pretty shifty. That is a nice trick to pull on his singers, to aquire legal discs. The PT Barnum "sucker born every minute" saying still lives!!!!!!
Did I say legal? He burn the original and gave the original back to the original owner.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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rumbolt
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Posted: Sat Oct 09, 2010 5:48 pm |
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Joined: Sun May 30, 2004 6:38 pm Posts: 804 Location: Knoxville, Tennessee Been Liked: 56 times
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DannyG2006 @ Fri Oct 08, 2010 6:37 pm wrote: rumbolt @ Fri Oct 08, 2010 6:27 pm wrote: DannyG2006 @ Fri Oct 08, 2010 5:26 pm wrote: rumbolt @ Fri Oct 08, 2010 4:11 pm wrote: DannyG2006 @ Fri Oct 08, 2010 12:51 pm wrote: rumbolt @ Thu Sep 23, 2010 9:26 am wrote: cueball @ Thu Sep 23, 2010 3:44 am wrote: rumbolt @ Tue Sep 21, 2010 9:55 am wrote: I have been told by SC and CB that if one of their investigators were to see their logo and song at my show and later during an audit I could be held liable since I do not own that disc.
When you play a customers disc in a show that is a "public" performance, and that would go againt their terms of service. In my shows, I will nolonger play a customers burns. Going by your own statement, you shouldn't be playing anyone's discs then (original or not), because if you get audited, since you didn't own that disc to begin with, you still can't produce it. When you're getting audited, they're (more then likely) NOT going to tell you what they're looking for in your system. What are you going to do?... call up everyone who ever handed you an original disc to play at your show, and ask to borrow it for the day/week/month of time it's going to take to be audited? Since I run 100% on disc and SC does Know that, I am not worried it I were to be audited. I have had a discussion with Kurt about the liability of playing a burned disc and made the decision a while ago to no longer do that in my shows. The manus do take into account that customers will bring in their own disc but I think if they see a show using disc (all factory originals) then they will keep moving on to the shows that are pc based. Yeah but I knew of several in my area that were disc based pirates. If you are refering to copies (counterfit), The ones I have seen are pretty easy to spot (laser printed). There is one kj in my area that runs his show on burns and yes I consider him a pirate until he can show that he has ALL his original disc.I know of a guy that on site would burn a copy of a disc you brought in to trade with him for a disc he had that you didn't ( never took him up on it though). Was blatant in asking to do so if he saw you had outside discs that he didn't. Now that is pretty shifty. That is a nice trick to pull on his singers, to aquire legal discs. The PT Barnum "sucker born every minute" saying still lives!!!!!! Did I say legal? He burn the original and gave the original back to the original owner.
That seems to be the norm in my area. They (KJ) claim to delete the track after that singer steps off stage, but at their next show you can walk up and ask for that song and guess what, he now has it for you to sing.
_________________ No venue to big or too small. From your den to the local club or event, we have the music most requested. Great sounding system!
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Thunder
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Posted: Fri Dec 24, 2010 9:50 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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I know I am late to these discussions but I thought I would get back to the origonal question.
There is no reason for any disc based host to be concerned at all, and the only reason I can see for a computer based host to be concerned is if he has pirated music in his system.
For the argument that venues are stopping karaoke as a form of entertainment because of these investigations or lawsuits is at best a stretch, because in VB we have seen no venues take that stand. Yes some have stopped doing karaoke and yes it is because of the lawsuits, but not because the venue was "scared" of being named, some of them were named. The reason several have stopped doing karaoke is because the host they were using have left the business, the venues themselves are actively seeking new host. I went from two venues a week to five in one month and changed my rate from $150 to $250 a night at three of those venues and I am fairly new to the business, with my company being less than five years old, in fact I am making plans to leave my day job in the building maintenance field and doing karaoke full time.
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Dr Fred
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Posted: Sat Dec 25, 2010 11:23 am |
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Joined: Wed Aug 22, 2007 5:22 pm Posts: 1128 Location: Athens, GA Been Liked: 4 times
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Virgin Karaoke @ Fri Dec 24, 2010 1:50 pm wrote: There is no reason for any disc based host to be concerned at all, and the only reason I can see for a computer based host to be concerned is if he has pirated music in his system.
For the same reason people do not want to get searched by the police without cause even when they are innocent, and have nothing to hide. The problem is that it appears the definition "probable cause" and "reasonable search" is all being decided by one side of the debate.
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Lonman
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Posted: Sun Dec 26, 2010 10:12 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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Dr Fred @ Sat Dec 25, 2010 12:23 pm wrote: Virgin Karaoke @ Fri Dec 24, 2010 1:50 pm wrote: There is no reason for any disc based host to be concerned at all, and the only reason I can see for a computer based host to be concerned is if he has pirated music in his system.
For the same reason people do not want to get searched by the police without cause even when they are innocent, and have nothing to hide. The problem is that it appears the definition "probable cause" and "reasonable search" is all being decided by one side of the debate.
However if you were stopped by the police because you or the car you are driving fit the description they may be looking for at the time they stop you and you refuse to be searched, then they will take it further.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Thunder
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Posted: Mon Dec 27, 2010 1:13 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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Lonman @ Mon Dec 27, 2010 1:12 am wrote: Dr Fred @ Sat Dec 25, 2010 12:23 pm wrote: Virgin Karaoke @ Fri Dec 24, 2010 1:50 pm wrote: There is no reason for any disc based host to be concerned at all, and the only reason I can see for a computer based host to be concerned is if he has pirated music in his system.
For the same reason people do not want to get searched by the police without cause even when they are innocent, and have nothing to hide. The problem is that it appears the definition "probable cause" and "reasonable search" is all being decided by one side of the debate. However if you were stopped by the police because you or the car you are driving fit the description they may be looking for at the time they stop you and you refuse to be searched, then they will take it further.
Police from time to time do ask to search a vehicle they have stopped and there are two ways to handle it. One is to allow the search when you know you have nothing illegal to hide and they go through your car carefully without tearing anything up or throwing all your stuff out into the ditch! Or tell them they will need a search warrant and sit there and wait for two hours while they bring a JD search warrant out and rip your car apart and throw all your belongings out into the side ditch before telling you you are OK and can leave. I have seen it done both ways, the choice is always up to the driver of the vehicle.
My understanding is that the violation is already done with the act of transfering/converting the media to the computer, which is what the investigators are looking for. By allowing the audit and passing it, you are simply getting a pass for your violation and permission for the transfer.
I could and may very well be wrong, but it seems like the best way to deal with the situation.
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