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| some new news on the Sound choice suits https://mail.karaokescenemagazine.net/forums/viewtopic.php?f=26&t=23537 |
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| Author: | kjathena [ Wed Apr 04, 2012 7:05 pm ] |
| Post subject: | some new news on the Sound choice suits |
Sorry to say I was really wanting to see this go to court..... http://www.pdf-archive.com/2012/04/05/c ... iew/page/1 read and discuss |
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| Author: | c. staley [ Wed Apr 04, 2012 10:46 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
Interesting. I wonder which one threw in towel? |
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| Author: | kjathena [ Wed Apr 04, 2012 11:32 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
well since DanDan admitted to trademark infrindgment and federal unfair competition .......I would think (this is my interpretation) That he did....or possibly it was mutual.....either way another case for other judges to state when cases come before them. Wonder if Kurt will give him written permission to media shift? I personally want to see a case go all the way. Athena |
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| Author: | chrisavis [ Thu Apr 05, 2012 2:44 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
Pure speculation on my part and something we will never know for sure I suppose - I wonder if he was actually 1-1 the whole time or made himself that way in process. Seems to me that it isn't all that difficult to buy up discs after a suit is filed to become compliant before an audit is done. -Chris |
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| Author: | hiteck [ Thu Apr 05, 2012 2:57 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
chrisavis wrote: Pure speculation on my part and something we will never know for sure I suppose - I wonder if he was actually 1-1 the whole time or made himself that way in process. Seems to me that it isn't all that difficult to buy up discs after a suit is filed to become compliant before an audit is done. -Chris Or maybe he felt he was in the right to use his discs how he saw fit since he paid for them, and was willing to go through with the trial and expected a ruling to back up his beliefs |
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| Author: | MadMusicOne [ Thu Apr 05, 2012 3:32 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
chrisavis wrote: Pure speculation on my part and something we will never know for sure I suppose - I wonder if he was actually 1-1 the whole time or made himself that way in process. Seems to me that it isn't all that difficult to buy up discs after a suit is filed to become compliant before an audit is done. -Chris ....Doesn't the court document show that he was 1:1 but that he just didn't get written permission (or audit)? Page 4, items 12 & 13 |
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| Author: | chrisavis [ Thu Apr 05, 2012 3:35 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
It does, but I imagine the 1:1 was in question up front else there would not have been an issue. Again, speculation on my part. -Chris |
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| Author: | MadMusicOne [ Thu Apr 05, 2012 3:46 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
chrisavis wrote: It does, but I imagine the 1:1 was in question up front else there would not have been an issue. Again, speculation on my part. -Chris ...Yep, it's weird to say the least. However, there's a guy with the same name on facebook. He states that he's in the Entertainment Business (17 years). It also states he's from Scottsdale, Arizona. Not sayin' it's the same guy. |
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| Author: | MadMusicOne [ Thu Apr 05, 2012 3:51 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
chrisavis wrote: It does, but I imagine the 1:1 was in question up front else there would not have been an issue. Again, speculation on my part. -Chris ....I hear what you're saying but maybe, just maybe he was 1:1 and thought he had the RIGHT to media-shift/format-shift and wanted to take it to court to prove he's point...OR perhaps he threw away the LAWSUIT NOTICE he received from Sound Choice? I've heard of others doing or saying they would do one of the above. I don't know, but it's interesting. |
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| Author: | earthling12357 [ Thu Apr 05, 2012 4:46 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
kjathena wrote: well since DanDan admitted to trademark infrindgment and federal unfair competition .......I would think (this is my interpretation) That he did....or possibly it was mutual.....either way another case for other judges to state when cases come before them. Wonder if Kurt will give him written permission to media shift? I personally want to see a case go all the way. Athena I'm pretty sure that a consent decree is very similar to a default judgement in that it does not set any precedent and is not admissible as evidence in any other cases with the ecxeption of the same case against the same defendant. To say that it is "another case for other judges to state when cases come before them" is like saying judges are using my divorce decree to decide all future divorces that come before them....plain silly. Of course it will be used as a tool to scare others away from court fights and into settlements. I suspect that both parties realized they were about to lose on some things they did not want to lose so they struck a bargain. The behind the scenes details are something we will never know. |
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| Author: | kjathena [ Thu Apr 05, 2012 8:27 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
default judgments and settlements are already being sited in others states by judges hearing SC's cases.....this is just another big one for them to use guys.....start reading them in chronological order and you just may see a very interesting pattern occurring. Athena |
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| Author: | birdofsong [ Thu Apr 05, 2012 11:51 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
chrisavis wrote: Pure speculation on my part and something we will never know for sure I suppose - I wonder if he was actually 1-1 the whole time or made himself that way in process. Seems to me that it isn't all that difficult to buy up discs after a suit is filed to become compliant before an audit is done. -Chris Why is it so hard for you to believe that someone who was sued and went against Sound Choice methology could actually own all their discs in the first place. I am not sure why you find it necessary to cast suspicion on someone who Sound Choice admitted owned all of his discs. It seems like an unnecessary dig. |
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| Author: | timberlea [ Fri Apr 06, 2012 3:37 am ] |
| Post subject: | Re: some new news on the Sound choice suits |
Did he have an attorney, and if so, I wonder what he or she advised him to do and why. |
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| Author: | diafel [ Fri Apr 06, 2012 10:23 am ] |
| Post subject: | Re: some new news on the Sound choice suits |
I also take exception to chrisavis' and KJAthena's assertion that Dan was a pirate. On what basis do you form this opinion? Yo have NOTHING to go on, other than court documents, and even then, you choose to believe one side over the other. I, on the other hand, have a little more to go on than just that, and can say that I believe without a doubt that Dan was and is 1:1. Even SC has finally admitted to that fact. Why can't you? You're like some kind of deranged pit-bull that just can't let go, aren't you? Sheesh! Get a grip. I think it's time you took a step back from all this and piped down a bunch. You are NOT helping SC in their crusade. In fact, you're hurting their cause and making them look worse than they already are. If this is the same Dan Dan the Taxi Man, then I believe he did not have an attorney and he handled it himself. I could be wrong, but that is the last information I had from him. I'm also pretty sure that his reasons for coming to the agreement probably has nothing to do with the supposition that he was "about to lose on some things they did not want to lose so they struck a bargain." I'm pretty sure that it's just that life and money just got in the way. I know that Dan had some major changes in his life after this lawsuit was started and some things of a personal nature that needed his ongoing attention came up. That, combined with the fact that dragging this on would only continue to eat at his time and money was probably the motivating factor here, NOT that he thought he would lose anything in court. He simply needed this to end so he could put his time and attention to something much more important (and kudos to him for that!) in the grand scheme of things. I would suspect that the fact that SC admitted that he was 1:1 and that he was not required to do anything further or pay any money was satisfactory enough for him to call it a draw, and that's ALL THIS IS, is A DRAW. Nothing more and nothing less. SC admitted he was 1:1 and he admitted he copied their mark without their permission and agreed not to continue to do so. That's pretty much a draw, I'd say. |
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| Author: | chrisavis [ Fri Apr 06, 2012 11:36 am ] |
| Post subject: | Re: some new news on the Sound choice suits |
I speculated, that is all. No accusation on my part. -Chris |
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| Author: | JoeChartreuse [ Fri Apr 06, 2012 11:45 am ] |
| Post subject: | Re: some new news on the Sound choice suits |
chrisavis wrote: It does, but I imagine the 1:1 was in question up front else there would not have been an issue. Again, speculation on my part. -Chris Please note: 1:1 is never actually indicated one way or another until after the suit is brought in hopes of an information finding process. SC THEN tries for an audit in hopes of finding non-compliance. Sue first, THEN investigate, then possibly drop later. |
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| Author: | JimHarrington [ Fri Apr 06, 2012 1:26 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
JoeChartreuse wrote: Please note: 1:1 is never actually indicated one way or another until after the suit is brought in hopes of an information finding process. SC THEN tries for an audit in hopes of finding non-compliance. Sue first, THEN investigate, then possibly drop later. Joe, you know this is not true. Why do you continue to post it? |
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| Author: | JimHarrington [ Fri Apr 06, 2012 1:37 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
I have just a few brief words to say on this subject. The decree speaks for itself. We are gratified that, once again, a court has recognized the validity of Sound Choice's claims and of its right to prevent media-shifting for commercial uses. KJs who are 1:1 but who have not completed all of the steps necessary to validate that media-shift would be well advised to do so as soon as possible. Whether you consider this turn of events to be a "win," a "draw" or something else, at the end of the day, it is the judge's signature at the bottom of that document, and that document unquestionably affirms what has been our position in this litigation from day one. One more item: In the last several months, I have had the opportunity to meet with Dan Dan a couple of times and to speak with him by telephone and e-mail. So often, in litigation, the parties feel the need to demonize each other. Despite our differences, however, I found him to be a genuine, intelligent person who cares deeply about the things that are important to him, including this industry. |
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| Author: | Lone Wolf [ Fri Apr 06, 2012 2:50 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
So what you are actually saying is that ANYONE who uses SC songs at a show and has copied their SC discs to a HD without paying for and going through an Audit and passing is illegal and will be sued when you get to them. That makes about 98% of all KJ's illegal including people like Lonman, Ripman and Lisah and more that I don't recall that have said outright that they have copied SC stuff to a HD and are using it and haven't been through an audit yet. |
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| Author: | Lonman [ Fri Apr 06, 2012 3:11 pm ] |
| Post subject: | Re: some new news on the Sound choice suits |
Lone Wolf wrote: That makes about 98% of all KJ's illegal including people like Lonman, Ripman and Lisah and more that I don't recall that have said outright that they have copied SC stuff to a HD and are using it and haven't been through an audit yet. I'm waiting on my audit now, I believe Lisah is as well (if not already). It probably would've been done by now, except they had an employee working with the audit stuff quit & a death within the company. All my paperwork & book files have been submitted for the last few weeks, i'm waiting on them now. I was primarily waiting until they figured out how to mark the discs without using an exacto knife. No issue with them using an ultraviolet ink stamp. Chartbuster will be next, but only have maybe 100 or so discs with them as opposed to several hundred with SC. |
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