Karaoke Forums

http://dockets.justia.com/docket/circui ... 4/11-1613/

EDIT: Upon further review, there appears to be several defendants which had already been named in past filings in Virginia.

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

Yeah these are old from filings from 2009.

There is one defendant who has settled listed on SC's Certified Host page.

I'm not sure what this "new" filing means.

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

Looks like they added a defendant ("apellee")

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Dave's not here.

Thanks Moonrider. I see that now.

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

Appellee means that this particular case is an appeal from the original case. It could either be an appeal based on a matter of law or a question of fact from a judge's ruling. What is not clear is whether it is an appeal as of right or an application for leave to appeal (which does not guarantee that the appeal will be accepted).

It will be interesting to find out what's going on here....

If the Defendant is the Appellee, then Sound Choice is the Appellant (the entity that instituted the appeal). The question is -- what is the ruling they are appealing?

Birdofsong

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Birdofsong

Okay, here's the skinny and it will show the true colors of greed:

#1 This matter is regarding the $10,000 judgment against Hot Shot Enterprises.

#2. Sound Choice was awarded a judgment against them on 5-16:

Normally in such cases, if the defendant feels that there's something wrong, they can appeal the decision of the court which puts everything on freeze until the problem is worked out. There are 28 days from the judgment date to file an appeal.

HOWEVER, in this case (as Birdofsong mentioned above) it is Sound Choice appealing their own win.

Why would they appeal the courts ruling in their favor? Simple. They want more money and a larger judgment.

Wanna place bets on whether or not they will get it?

They caught a pirate, I hope they win their appeal and the $ goes up. Why shouldn't they expect more if they are willing to settle for less with others when they sell/rent them the gem series.
That's just how things usually work, settle, pay less, fight and lose your arse if you lose. SC just wants to set a precedent.

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KingBing Entertainment C'mon Up! I have a song for you!!! [font=MS Sans Serif][/font]

Or maybe SC discovered that the defendant continued pirated shows after the first settlement.

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

That's not grounds for an appeal. That's a new lawsuit or a Motion to Enforce a settlement. This was an appeal based on a default judgment. There was no settlement. Only a ruling on the non-response of the defendant, and then a value placed on the claim by the judge directly. That is what's being appealed.

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Birdofsong

Thank you for this very informative post Julie.

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

WallOfSound thanking Birdofsong? That's insane!

Must be a full moon.

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Dave's not here.

well, i guess Kurt has been beat up enough on several forums for not hanging them out to dry in court so this may be to shut us all up and set the precedent we have been asking for. thinking optimistically.

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Paradigm Karaoke, The New Standard.......Shift Happens

I doubt it. He's simply out to do two things in my opinion :
#1. Increase any judgment because you're already in court and the defendant isn't putting up a fight and
#2. Even if uncollectable, increasing the judgment to some stupidly high number will work to waive around at the next round of pidgeons as a scare tactic.

Paradigm, I think it's all about the money and future settlements and really has nothing to do with working kj's.

Of course it is about money! Isn't money the end result of any business (you know pay the bills) venture unless it is doing a charity.

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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!

So it's nothing to do with "combating piracy and helping the industry" or any of the other altruistic reasons heard from the propaganda ministries of the manufacturer's.... it's simply about "the money."

In my opinion, this is the part I don't understand about the cheerleaders;
These manufacturers built their businesses by using piracy and fraud as a tool. Sure, you can call it "a simple mistake" or even that it's not "piracy" but technically "infringement" all you like - it's still profiting off the work of others and that is unfortunately exactly what a "pirate" does.

So they made millions pirating music and sure, some of them got pinched for some of it, but whether you want to now whitewash it all away by saying "they made mistakes and paid for it" or not, the point is that there were no mistakes made - it was intentional piracy and it went on for a LONG time. No reason to kid yourself.

But the manufacturer's have the cheerleaders convinced that they should work for them and help them stamp out piracy by dropping a dime on the pirates and there has been lots of lawsuits and lots of settlements providing manufacturers with money and very little improvement in the "industry" in return. Converting a "pirate" into a "customer" does nothing for "the industry" or the currently working (and legal) KJ does it?

For some reason, the cheerleaders think that makes perfect sense.

converting the pirate into a customer i agree with you is not helping the situation and only helping the manu. where i personally stand behind their efforts though is that because they did wrong does not make it alright for others to do so. the manus did it, got caught, paid out the whazoo for it. i do not believe that means they are open for anyone to steal from them with no repercussions (sp?) any more than it would be ok for me to steal money from a convicted bank robber. getting help from the KJ's that are being f@#ked by the pirates is smart, and it would be good business on the manus part to use that information in a manner that helps those that are helping them.

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Paradigm Karaoke, The New Standard.......Shift Happens

By hitting the pirate in the pocketbook, perhaps it will make the potential pirate to rethink their actions. And yes, it is ok for the manus to recoup their losses.

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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!

Seems to me that if the manus got caught and had to pay out the wazoo for their mistakes, then the operator running off an illeagle hard drive (who has had plenty of notice to stop doing so,) should also pay out the wazoo for their mistake.

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My first choice IS Sound Choice.

You see? This is what amazes me: you make it sound like they were caught years ago.... The last suit against Chartbuster for their pirating activity was in filed in 2009 - the same year Sound Choice filed their first suit against a KJ in Arizona. Chartbuster's suit wasn't concluded until MAY 2010...

So while SC is recruiting KJ's to work for them, CB was still in the court system with their own piracy issues....



Their losses?.... you forget history rather quickly. In order for manufacturers to even have losses in the first place, requires that they have something to lose. And they did, they had millions... that they acquired (in my opinion) illegally by pirating and not licensing the music of the artists, writers and publishers then fraudulently marking them as licensed material (making it in effect a counterfeit) and passing them off as licensed goods to us KJ's... that's where they made their millions that you claim is "ok for the manus to recoup their losses."

Interesting that you want the manufacturers to put the "pirates out of business" but you won't extend that same philosophy to the pirate manufacturers themselves would you? Nope. You need their pirated material to run your shows, whether or not it is licensed properly - you don't care as long as you have it. You will justify their end-run around licensing no matter what country they use on the planet. How hypocritical.

So if you think that it's wrong to steal from a convicted bank robber who has paid his debt and gone straight- I would have to agree with you however, it isn't quite as easy a comparison - these manufacturers have made and lost millions in this pirate-the-pirate game and I for one, don't really feel sorry for them. They've not gone straight yet and to believe otherwise isn't realistic.