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mightywiz
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Posted: Tue Mar 31, 2015 1:14 pm |
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Joined: Thu Jul 07, 2011 12:35 pm Posts: 1351 Images: 1 Location: Idaho Been Liked: 180 times
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boy! not a good way to start off a new business. only a couple months old and already being sued for copywrite violations.
_________________ It's all good!
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mrmarog
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Posted: Tue Mar 31, 2015 2:18 pm |
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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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Next step.....Ride off into the sunset.
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jdmeister
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Posted: Tue Mar 31, 2015 5:52 pm |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7702 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1089 times
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Smoothedge69
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Posted: Tue Mar 31, 2015 6:10 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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One by one,they are now going to come and get their pound of flesh. SC asked for it by starting all this stuff. I don't want to hear about the pirates starting this.The pirates DID hurt SC's bottom line, but SC running around thinking they can do whatever they want is now coming back to bite them. BTW, has anyone noticed that Tricerasoft is sell EVERYTHING again?? I guess they weren't doing anything wrong.
_________________ I am the ONLY SANE 1 HERE
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Karaoke Lurker
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Posted: Tue Mar 31, 2015 8:38 pm |
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Senior Poster |
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Joined: Wed Apr 25, 2012 2:01 pm Posts: 155 Been Liked: 6 times
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I mentioned about a month ago that SC probably would never put any new music out again, and would most likely focus on piracy lawsuits. I just didn't think it would be on a piracy suit against SC......
I also said within three years, they would probably be finished as a business. It may be sooner than that.
I'm a SC advocate because I like the quality of their product, but they have become, if not totally irrelevant, a nano-millimeter above irrelevant..
It's sad to think we may only have Digitrax and Sybersound as American karaoke companies left, and Digitrax is on life support. They suck anyway, but it's just the idea of it.
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Smoothedge69
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Posted: Tue Mar 31, 2015 8:42 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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Looks like someone is in trouble.Can't wait to see the spin on this. So,hiding behind Phoenix may have been a bad move.
_________________ I am the ONLY SANE 1 HERE
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Brian A
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Posted: Tue Mar 31, 2015 10:31 pm |
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Joined: Mon Mar 01, 2010 12:43 pm Posts: 3912 Images: 13 Been Liked: 1672 times
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Item 39, page 12 of the link: Very interesting! “Both SLEP-TONE and PHOENIX are liable for vicarious and contributory copyright infringement. Under the purported licensing agreements with professional karaoke jockeys, SLEP-TONE (and now PHOENIX) retain ownership of the “GEM Series” discs which are the subject of the licensing agreements. As a consequence, SLEP-TONE and PHOENIX have the right and ability to recall those discs but have failed and/or refused to do so because of their obvious direct financial interest in profiting from the payments made by the professional karaoke jockeys. SLEP-TONE and PHOENIX have engaged in this conduct knowing full well that the professional karaoke jockeys are utilizing the illicit ‘GEM Series” discs to copy them to the hard drives of their professional karaoke machines to provide karaoke services to various commercial venues. Alternatively, both SLEP-TONE and PHOENIX are liable for contributory infringement relative to the illicit license agreements with professional karaoke jockeys because SLEP-TONE and PHOENIX have materially contributed to the unauthorized conduct of the professional karaoke jockeys by supplying the recordings which are the object of the professional karaoke jockeys’ downstream infringement.” And the ongoing saga of the flight of the Phoenix continues……. Whew! My head is spinning.
_________________ 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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Paradigm Karaoke
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Posted: Tue Mar 31, 2015 11:14 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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including demanding a jury trial. EMI Blackwood and 12 other affiliated publishers that were not part of the last suit. the gist....
"Additionally, as a separate course of direct infringement and since 2010, the SLEP Defendants and have entered into unauthorized agreements purporting to license the GEM Series line of karaoke recordings to at least 315 individual and/or corporate professional karaoke jockeys. The SLEP Defendants have never been granted any rights from Plaintiffs to distribute such products and have been expressly prohibited from sublicensing any of Plaintiffs' copyrighted works in the licenses which have been granted to them from time to time by the Plaintiffs."
" By virtue of their supplying the GEM Series recordings to professional karaoke jockeys, the SLEP Defendants are also liable for vicarious copyright infringement, contributory copyright infringement and/or inducement of infringement, relative to the further downstream copying and/or performance of the unlicensed recordings by the professional karaoke jockeys in the course of their providing their karaoke services. The SLEP Defendants will continue this course of infringement even as they have since the filing of the related litigation and the illegitimate GEM Series discs placed at issue by other publishers.
"As well, both SLEP-TONE and PHOENIX are liable for v1canous and contributory copyright infringement. Under the purported license agreements with the professional karaoke jockeys, SLEP-TONE, (and now PHOENIX) retain ownership of the GEM Series discs which are the subject of the licensing agreements. As a consequence, SLEP-TONE and PHOENIX have the right and ability to recall those discs but have failed and/or refused to do so because of their obvious direct financial interest in profiting from the payments made by the professional karaoke jockeys."
they also called for a full recall of the GEM series and any discs that have any of the infringed songs on them. if they are correct (but how could they be? SC is infalable and the lawyers on the EMI side are misreading the law) then all GEM owners would be required to return the sets as Phoenix is still in control of them being only a license agreement....which is apparently illegal anyway.
and this does not include the part of SFC Mediplas, or the transfer of rights to Stingray...
"The SLEP Defendants have never been an authorized distributor of recordings containing Plaintiffs' copyrighted content in any licensing issued to Stingray by the Plaintiffs and/or their licensing agents. (Plaintiffs' claims for copyright infringement against Stingray and numerous owners/officers of Stingray have been resolved by settlement pursuant to formal mediation. However, Plaintiffs' settlement with Stingray reserved all rights against the SLEP Defendants.) "
get your popcorn ready
if anything, i do feel bad for Jim, i'm giving benefit of the doubt that he did not see everything before walking into a joint venture in PEP and in the end he will have to pay his share of the settlement.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Smoothedge69
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Posted: Wed Apr 01, 2015 1:58 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Wasn't it Jim that said there was NO possibility of the GEMS being recalled??
_________________ I am the ONLY SANE 1 HERE
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Smoothedge69
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Posted: Wed Apr 01, 2015 2:01 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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This isn't some April Fools prank, is it??
_________________ I am the ONLY SANE 1 HERE
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chrisavis
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Posted: Wed Apr 01, 2015 5:58 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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It is not looking good for Sound Choice at this point. :/
I am not tossing my loyalty to their brand aside as I still think they produced some of the best material on the market, and I will continue to use Sound Choice and buy Sound Choice discs on the aftermarket, but I don't hold out any hope that they will ever produce new music at this point.
_________________ -Chris
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JimHarrington
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Posted: Wed Apr 01, 2015 6:25 am |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Paradigm Karaoke wrote: if anything, i do feel bad for Jim, i'm giving benefit of the doubt that he did not see everything before walking into a joint venture in PEP and in the end he will have to pay his share of the settlement. I do not own any part of PEP, nor am I part of a "joint venture in PEP."
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jclaydon
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Posted: Wed Apr 01, 2015 7:23 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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*SIGH* What's happening to this industry is heartbreaking.
I honestly don't know what to say, I honestly want to give Soundchoice/PEP the benefit of the doubt but the accusations just keep coming and won't go away.
And I REALLY REALLY wanted to get a GEM series *mumble*
And as Chris said, this will probably put a damper on their plans to start producing new music.
I guess I'll have to keep looking for someone who is willing to sell me a set of foundations and bricks for monthy payments.
Surprisingly I am not too upset about the audit I just paid for, I mostly did that because I thought it was the right thing to do *for me*. Looks like whether it happens or not could become irrelevant..
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Alan B
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Posted: Wed Apr 01, 2015 10:24 am |
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Joined: Sun Jul 30, 2006 7:24 pm Posts: 4466 Been Liked: 1052 times
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I don't understand. I thought the Gem Series was supposed to be licensed and fully legal.
That's a large list of songs that EMI is saying was not licensed. I really feel bad for SC. The laws regarding music/publishing/licensing are so crazy in the United States it just blows my mind.
I hoped this can be resolved between the parties. I have nothing against SC and wish them the best. I will continue to use my SC tracks in my shows. I still believe that their recordings are some of the best in the industry. It's a shame that this industry is being killed by:
1. Antiquated laws regarding the music industry 2. Piracy
As I said many times, it's never going to change. Karaoke will be a thing of the past before it does.
**Question for Mr. Harrington***
Are you still going to continue to do the audits?
_________________ Electro-Voice Evolve 50... Taking Sound To The Next Level.
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Brian A
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Posted: Wed Apr 01, 2015 10:47 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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Alan B wrote: **Question for Mr. Harrington***
Are you still going to continue to do the audits? good question Alan. I'd like to know his answer myself.
_________________ 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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Lonman
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Posted: Wed Apr 01, 2015 10:50 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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Willing to bet they will continue "business as usual" until they are either killed or win the case.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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JimHarrington
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Posted: Wed Apr 01, 2015 12:17 pm |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Alan B wrote: **Question for Mr. Harrington***
Are you still going to continue to do the audits? Yes, of course.
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