Karaoke Forums

Okay, scenario:

You are one of the many computer based KJs that operate "legally". That is, within SC's definition, 1:1 based (which they promised to honor a covenant not to sue). You were savvy enough to buy a ton of used and custom discs to round out your collection, which means you have a healthy collection of rare and O.O.P tracks. An investigator was sent in to your show, and from some mysterious, undefined criteria, assumes you are a pirate. At this point, SC actually files suit against you, and you have to prove your innocence. You also have to convince the bar you work at that you are innocent. What if that bar decides to fire you for being a liability, before you have a chance to set up the audit?

By signing the audit agreement, according to the language in the agreement, you are admitting guilt, and that at any point SC can decide to sue you, even if you are legit. PLUS your name is filed in a suit. Someone does an internet search for your company, and your name happens to appear in the search engine under "Cases Filed Against". Well, I wouldn't hire that person, would you? This isn't a matter of "Hey, brother, here are my discs, we are square, right?" You have to take time out of your life to prove you are legal, which is worth it, yes, but within that interrum, when you have to wait for the auditor to fly out to you and spend however many days it takes to perform the audit, you could lose customers, gigs, parties, a whole slew of problems and loss of revenue while you wait to CLEAR YOUR NAME.

And all a pirate has to do is say "Oops, you got me. Here is some money, thank you for my discs, I promise not to do it again." A handshake, and done.

Am I off base here?

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Wam bam thank you m'am.

No, you're just explaining in some detail what are the potential and likely problems associated with SC tactics for someone who is legal that has been accused by SC!

Isn't that what I implied? So what point are you making that I am missing?

Obviously you never bought in bulk or were offered the opportunity to buy in bulk at discounted prices or you would know what the discount, if any, is. Which is exactly my point. Pirates get offered a deal that legit operators were never offered. And while legit operators have been and still are being taken for granted, I've heard that if you buy 30 discs SC is offering a discount! Is there any established KJ here who is in need of 30 discs?

And are you suggesting that just because someone doesn't know they are breaking the law it excuses them from the penalties associated with doing so?

And while SC knows the penalties for breaking the law, rather than penalizing the pirates SC is giving them a slap on the wrist, and pat on the head and a bargain price.

And how does your entry differ from or add to what I stated above?



Yep, at very least the pirates should not be offered a discount and should be asked to pay, if nothing else, the full MSRP, or more if that can be legally accomplished!

[quote=Yep, at very least the pirates should not be offered a discount and should be asked to pay, if nothing else, the full MSRP, or more if that can be legally accomplished![/quote]

As stated already, SC is on shaky ground and their lawyers made the call to go this route to try and recoup some money while spending as little as possible.

It'll be interesting to see if they come into other states; California, Texas, cities like New Orleans, New York, etc....

This one's kinda fun. Here's what I learned when I did a little investigation of the KIAA. Their address is at an office building, but they have no presence there. It's a "prestige" mail drop, something used by, say, a home based business to look like more than they are. I have asked people who were interested in membership the name of whoever it was they spoke to, or even better, who ansered the phone- and received no answers. As far as I can tell, the "KIAA" is some dork working out of his bedroom who put up a website and is trying to make a few bucks off the SC situation.

Unless anyone can lend an air of legitimacy, or at least name "officers", I have to assume the above. Toqer says he "sits on the board". If that's the case, and this is a legitimate organization, I see no difficulty in naming the officers, do you?

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

Okay, here's the scoop that I know of live and direct out of phoenix:

on the board is AAA Entertainment (a multi-rigger with a number of systems) and posts here under the name "PhxKJ"

Also on the board is Eric Godfrey, owner of Starz Entertainment (DJ company and multi-rigger) and has some kind of interest in "The USKARAOKEALLIANCE.COM" which is, interestingly enough, registered to:
Registrant:
Eric Godfrey
943 S 48th St. Ste. 100
Tempe, AZ 85206
US

Domain name: USKARAOKEALLIANCE.COM
Administrative Contact:
Godfrey, Eric : eric[at]starzentertainment.net

It almost seems as though the "USKA" is a kind of competitor to "KIAA" and it's interesting that he would be so involved with both...And it's interesting that Mr. Godfrey make NO mention of either of these organizations on his regular DJ/KJ site and I can't help but wonder why (if he's so proud of his affiliation) that none of this information is on his own pages.



But hey, this all speculation and conjecture.... take it with a boxcar of salt.

I attempted to call the KIAA a few months back. I got an answering machine and left a message. A day or two later my wife received a call while I was out from an officer of the KIAA while I was out. She didn't write down the man's name, but she said he told her that he also happened to be president? of Stellar Records which happens to make Pop Hits Monthly.

My guess, is the various karaoke manufacturers are taking turns staffing the phone and performing other functions for the KIAA. It's not purely a Sound Choice endeavor. Like I said, I wasn't home when the call came and my wife didn't take good notes for me.

Interesting that if the hard drive sellers have been turned in, that they're leaving them alone....

Why would they do this?

Out in LA, when they find a DVD bootlagging opertaion, they shut her down.

I know for a fact of a guy who's been turned in, many times and by many people and operations (RoxxBoxx, etc.) and he's still selling hard drives and have been for over 5 years on Graigslist, local throw-aways, etc.

How long does it take to shut down the "dealer"? And why wouldn't they?

Mark

I don't know that their entree is advertising loaded hard drives. I think their usual method nowadays is that they advertise large collections of CDs on Craigslist. When you call them, they say "I have decided not to sell them, but can let you have a hard drive of them for $500.00".

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[color=#ffff55]Mickey J.[/color]
Alas for those who never sing, but die with all their music in them.
-- Oliver Wendell Holmes, Sr.

Absolutely not. Ignorance is no excuse. I too wish the pirates suffered more. I was just giving my opinion and what I have run into.

Rogerniner: I believe you missed a step. I think a letter is sent before they sue and sue only after the letter is ignored.


I am in need of Foundation 2. I think that is 30 discs.

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Kevin

So when they send you the letter, they claim they have "evidence" against you. You then either agree to settle or go through the audit. So hopefully they don't file against you before hand. What irks me is that they go straight to the bars, and not always the KJ. I have already told all of my gigs that if they receive anything like this in the mail, to let me handle it, and not to panic. Thankfully, one of my gigs said that they wold help me with their own lawyer if I needed it. I am legal, but to me there is too much room for error and corruption in the language of the audit/settlement.

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Wam bam thank you m'am.

As far as I understand, they just let you know that they have filed suit!

We've been waiting since April 7th and so far no documents have been provided to substantiate the OP

Here in Detroit, years ago with the manufacturer-directed "KAPA" when they "raided a club" with federal marshalls, their "inspector" (a local attorney representing the mfg's) literally, put on white gloves to handle the discs and then (again literally) after looking at each one, dropped them into a bucket.

Didn't even bother to put them back in the sleeves and return them to the disc case claiming his job was to "inspect, not organize." The federal marshall's were not amused and you can bet the judge wasn't either.

Must have been really frustrating since they found nothing.

No worse than Customs when they decide to take your car apart to be searched or the police when they do an intensive search of your premises.

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You can be strange but not a stranger

Customs is a federal agency, Joe Schmo who works on a CIVIL has some responsibility the care and preservation of other property.

Jo Schmo, of a civil suit or what-have-you also does not have the authority of a federal agency (like Customs) to be able to go in and do what is described. If that were the case, you would see victims of theft pulling the same crap against those they suspect of the theft.
No way would I allow some Joe Schmo to just come in and tear my disc collection apart like that! Then again, it might end up better organized than it is currently!

Some one seeking CIVIL damages, should know better than to cause damages...

And IMO very different than customs protecting our ports of entry. In current times when police damage property that yields no evidence... You can bet that the department will pay for the damages. I personally know three cases where the cities cut checks, only one of which had to be taken to court(city didnt even try to defend itself).

Remember that copyright is a FEDERAL law.... but it is enforced through CIVIL action. Consequently, Joe Schmo was accompanied by Federal Marshalls that stopped the show completely to conduct this "audit."

So it was kind of a mixture of both. Still, they had no right to mistreat the very disc collection that they were inspecting.