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hiteck
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Posted: Tue Apr 19, 2011 2:19 pm |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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Thunder wrote: And I certainly agree with you, if you don't want to go through the "voluntary" audit and certification program there certainly isn't anything in there that says you will be forced to "volunteer"!
The program is there for those who "wish" to do it. and you left this part out. If you don't submit to the voluntary audit prior to using purchased tracks in CDG form that was transferred to mp3+G format you leave yourself open to being named in a lawsuit. So no you don't have to, but you will be considered a pirate if you don't. Guilty until proven innocent?
_________________ My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.
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Singyoassoff
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Posted: Tue Apr 19, 2011 2:22 pm |
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Senior Poster |
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Joined: Tue Dec 14, 2010 1:03 am Posts: 125 Location: Sarasota, FL Been Liked: 10 times
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Thunder wrote: And I certainly agree with you, if you don't want to go through the "voluntary" audit and certification program there certainly isn't anything in there that says you will be forced to "volunteer"! Except for possibly that whole pesky lawsuit thingy...
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c. staley
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Posted: Tue Apr 19, 2011 2:24 pm |
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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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Thunder wrote: I did not realize that anyone was asking us to replace any damaged disc, I guess I missed that one! I have many disc that I could not rip to my computer because they were damaged, so I simply don't have those songs even though I would like too. And we are all supposed to somehow believe that? Quote: Posted by Thunder 11-29-2009, 06:26 PM Actually I lost the disc "before" I ripped my library so they aren't on my hard drive. I do have SC8125 in my hard drive and I do have the "broken" disc 8125. So what you're saying is you FIRST, (1) lost the disc and THEN -WHILE IT WAS LOST- (2) ripped it to your computer.... That's amazing..... Call David Copperfield... you could sell that trick to him.
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Thunder
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Posted: Tue Apr 19, 2011 2:26 pm |
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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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hiteck wrote: Thunder wrote: I did not realize that anyone was asking us to replace any damaged disc, I guess I missed that one! I have many disc that I could not rip to my computer because they were damaged, so I simply don't have those songs even though I would like too. I had some that I had made copies of because of cracks starting in the center and from experience I knew they weren't going to last long and was able to rip from the copies. I also had songs on my system that are useless because they were ripped from disc that had damage to them. What I do is simply do without those songs. The one thing I can say is that none of my disc have received any more damage since I ripped them to the computer, how did your's get damaged after the fact? If it is a matter of storage you may need to look at another method of storing them! Paradigm Karaoke wrote: can we go back to the original post? has anyone heard anything more about this from CB themselves? Not a word but I haven't asked anyone directly either, however I will send David an E-mail with the link to this thread and ask him directly what they are looking for? As far as damages and disks go I think he meant damages cause to CB by shifting the media on tracks they can no longer sale either on CDG or any other format due to no longer having licensinsg (discontinued tracks). If they can't sale the tracks any longer their is no lost revenue (damages). Atleast that's what I think he meant. Sorry I thought he was talking about damage to irreplaceable disc! But if we use that logic then every pirate can use it as well, where is the damage to the manus if they are only pirating irreplaceable disc? Since the manus can't replace them does that make it fair game for anyone to use them?
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JoeChartreuse
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Posted: Tue Apr 19, 2011 2:31 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Thunder wrote: gd123 wrote: Thanks for all the great feedback. My only hope is that, someday, there will be a true way to stop pirating and have computer based content accepted before Karaoke is a thing of the past. MTU paid a lot of money to have a law firm investigate the validity of media-shifting CDGs to a computer. This Link is where you can view the findings: http://ipjustice.org/karaokefairuse.shtmlEven so, none of this has been tested in court. I have several lawyers that come to one of my shows. Many are Public Defenders but one used to work for Barnes & Thornburg. She relocated to Chicago for a few years and litigated in Federal Court. She re-located back to Indy where we had a chance to talk about the SC lawsuits and, generally, what may be coming down the pike from all Karaoke Manufacturers. Basically, she was shocked that SC could do this and offered to initiate a 1st strike against SC. This is to bring an action before the Federal Court to force a ruling on the matter...to get a Judge to rule as to the legality of media-sifting according to Fair-Use. She wanted about 4-5 grand. She stated that 4-5 grand is cheaper than the 40-50 grand if SC files first. But, I do have another interesting take on the actual Trademark issue. As most of the Fair-Use law talks about IP (Intellectual Property), one could argue that SC is smart by only suing for Trademark Infringement. However, we are not talking about a SC Trademark on the Inserts of Jewel Cases. We are talking about the displayed Trademarks that come from PLAYING a SC SONG. Well, seems to me, that if a "Trademark" is added as part of the SONG, then, it is no longer separate and the Trademark becomes part of the total work...which is the IP. In other words, a SC Trademark will not show unless a Karaoke Player has PLAY initiated. I realize their Trademark is showing, but, in this scenario, IP Justice's conclusions would be spot on as the Total Work (the IP) would come under scrutiny. Food for thought. I would say someone needs to read the laws concerning trademark and copyright fair use! Well Steve, since you couldn't refute what he posted, you had better get started on that reading.... The lady in question is not the first legal opinion that I've heard stating exactly the same thing. This is why I have a strong feeling that SC may be in for a VERY bumpy road in the near future....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Big Joe
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Posted: Tue Apr 19, 2011 2:32 pm |
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Novice Poster |
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Joined: Thu Feb 24, 2011 12:48 pm Posts: 20 Location: Toledo, OH Been Liked: 7 times
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Thunder wrote: So I can't help but ask, as a moderator do you apply the rules across the board or do you pick and choose who you enforce them against?
Now can I expect to be banned for making an attack on a "moderator" or will this post simply disappear? Maybe you could try to negotiate some type of fee, say $499 a year to allow you to say whatever you want. Remember, of course, the mods ultimately get to pick and choose the members who will pay this fee, and your permission to speak freely can be revoked at any time.
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hiteck
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Posted: Tue Apr 19, 2011 2:34 pm |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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Thunder wrote: Sorry I thought he was talking about damage to irreplaceable disc!
But if we use that logic then every pirate can use it as well, where is the damage to the manus if they are only pirating irreplaceable disc? Since the manus can't replace them does that make it fair game for anyone to use them? Isn't that kind of the approach the manus are taking? We can't give you permission to format shift but if you prove you bought the disks we won't sue you, but we can't/won't guarantee that the owner of the rights to the music or lyrics won't come after you. So if they have no rights to the songs anymore the only one that can come after you is the original copyrights owner, which is a risk already being taken right?
_________________ My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.
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c. staley
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Posted: Tue Apr 19, 2011 2:34 pm |
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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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Thunder wrote: Sorry I thought he was talking about damage to irreplaceable disc!
But if we use that logic then every pirate can use it as well, where is the damage to the manus if they are only pirating irreplaceable disc? Since the manus can't replace them does that make it fair game for anyone to use them? It was certainly good enough for you for over a year.... You readily admitted you had tracks for an 8125 "broken disc" on your computer so by your own definition, weren't you "pirating an irreplaceable disc?" Are you the Goose or the Gander?
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Thunder
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Posted: Tue Apr 19, 2011 2:37 pm |
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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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hiteck wrote: Thunder wrote: And I certainly agree with you, if you don't want to go through the "voluntary" audit and certification program there certainly isn't anything in there that says you will be forced to "volunteer"!
The program is there for those who "wish" to do it. and you left this part out. If you don't submit to the voluntary audit prior to using purchased tracks in CDG form that was transferred to mp3+G format you leave yourself open to being named in a lawsuit. So no you don't have to, but you will be considered a pirate if you don't. Guilty until proven innocent? Didn't leave it out, it is already a given, if you copy your disc to computer in violation of the laws as written, then you are quilty it isn't a matter of proving your innocence, it is a matter of mitigating the circumstances. That is simply the chance you take! What so many seem to not realize is that all of us who transfered our songs for computer use without prior authorization were quilty of piracy, I know of only one person here who obtained that permission before transfering to computer. I am gulity of it and have always held that position from the day I put my computer system to use and so stated on the KJ boards many times! I chose to seek that permission and go through the audits, if it means paying a small fee for the privledge each year then I am good with that also.
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Thunder
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Posted: Tue Apr 19, 2011 2:39 pm |
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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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hiteck wrote: Thunder wrote: Sorry I thought he was talking about damage to irreplaceable disc!
But if we use that logic then every pirate can use it as well, where is the damage to the manus if they are only pirating irreplaceable disc? Since the manus can't replace them does that make it fair game for anyone to use them? Isn't that kind of the approach the manus are taking? We can't give you permission to format shift but if you prove you bought the disks we won't sue you, but we can't/won't guarantee that the owner of the rights to the music or lyrics won't come after you. So if they have no rights to the songs anymore the only one that can come after you is the original copyrights owner, which is a risk already being taken right? Again, the manus are not suing for copyright violations they are suing for trademark violations and they are the origional trademark owners.
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JoeChartreuse
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Posted: Tue Apr 19, 2011 2:39 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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gd123 wrote: Hopefully, I'll see the Lawyer at my Tuesday show.
I'll approach her with a more serious attitude and take notes.
I'll ask about the Trademark issue as it pertains to either separate from the IP or included with the IP.
I'll get all pertinent URLs to give her for research.
I'll let you know more on what I find, Wednesday. Thanks, gd, I am looking forward to it.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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hiteck
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Posted: Tue Apr 19, 2011 2:45 pm |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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Thunder wrote: hiteck wrote: Thunder wrote: And I certainly agree with you, if you don't want to go through the "voluntary" audit and certification program there certainly isn't anything in there that says you will be forced to "volunteer"!
The program is there for those who "wish" to do it. and you left this part out. If you don't submit to the voluntary audit prior to using purchased tracks in CDG form that was transferred to mp3+G format you leave yourself open to being named in a lawsuit. So no you don't have to, but you will be considered a pirate if you don't. Guilty until proven innocent? Didn't leave it out, it is already a given, if you copy your disc to computer in violation of the laws as written, then you are quilty it isn't a matter of proving your innocence, it is a matter of mitigating the circumstances. That is simply the chance you take! What so many seem to not realize is that all of us who transfered our songs for computer use without prior authorization were quilty of piracy, I know of only one person here who obtained that permission before transfering to computer. I am gulity of it and have always held that position from the day I put my computer system to use and so stated on the KJ boards many times! I chose to seek that permission and go through the audits, if it means paying a small fee for the privledge each year then I am good with that also. A given? Ok I'll bite and show my ignorance here. Can you point me to the law that states I can not legally copy my disc(s) to my computer?
_________________ My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.
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JoeChartreuse
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Posted: Tue Apr 19, 2011 2:46 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Singyoassoff wrote: Received from Chartbuster 4/1/11
[color=#400080]Chartbuster Karaoke Remote Auditing The Audit will be conducted at a prearranged time. You will need: . 6. A Soldering Iron For Marking Your Discs: This will be shipped to you in a self-return package from Chartbuster Karaoke prior to your audit date. You will be responsible for returning it. ! HAHAHAAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAH! ....Um, that WAS a JOKE, right?
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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hiteck
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Posted: Tue Apr 19, 2011 2:49 pm |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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JoeChartreuse wrote: Singyoassoff wrote: Received from Chartbuster 4/1/11
[color=#400080]Chartbuster Karaoke Remote Auditing The Audit will be conducted at a prearranged time. You will need: . 6. A Soldering Iron For Marking Your Discs: This will be shipped to you in a self-return package from Chartbuster Karaoke prior to your audit date. You will be responsible for returning it. ! HAHAHAAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAH! ....Um, that WAS a JOKE, right? I thought that was pretty funny, too. You'd think for $199 they could afford to at least let you keep the soldering iron.
_________________ My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.
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c. staley
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Posted: Tue Apr 19, 2011 2:55 pm |
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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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Some posts are only visible momentarily.... but they ARE hilarious!
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Singyoassoff
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Posted: Tue Apr 19, 2011 2:58 pm |
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Senior Poster |
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Joined: Tue Dec 14, 2010 1:03 am Posts: 125 Location: Sarasota, FL Been Liked: 10 times
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hiteck wrote: Thunder wrote: hiteck wrote: Thunder wrote: And I certainly agree with you, if you don't want to go through the "voluntary" audit and certification program there certainly isn't anything in there that says you will be forced to "volunteer"!
The program is there for those who "wish" to do it. and you left this part out. If you don't submit to the voluntary audit prior to using purchased tracks in CDG form that was transferred to mp3+G format you leave yourself open to being named in a lawsuit. So no you don't have to, but you will be considered a pirate if you don't. Guilty until proven innocent? Didn't leave it out, it is already a given, if you copy your disc to computer in violation of the laws as written, then you are quilty it isn't a matter of proving your innocence, it is a matter of mitigating the circumstances. That is simply the chance you take! What so many seem to not realize is that all of us who transfered our songs for computer use without prior authorization were quilty of piracy, I know of only one person here who obtained that permission before transfering to computer. I am gulity of it and have always held that position from the day I put my computer system to use and so stated on the KJ boards many times! I chose to seek that permission and go through the audits, if it means paying a small fee for the privledge each year then I am good with that also. A given? Ok I'll bite and show my ignorance here. Can you point me to the law that states I can not legally copy my disc(s) to my computer? He can't. He will post sections of a statute he doesn't understand and claim particular sections apply 100% to the issue of format/media shifting karaoke discs rendering it black and white illegal, while totally ignoring the Supreme Court's interpretation of that law, and Its guidance as how to apply it.
Last edited by Singyoassoff on Tue Apr 19, 2011 3:02 pm, edited 3 times in total.
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c. staley
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Posted: Tue Apr 19, 2011 2:59 pm |
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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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A SOLDERING IRON? -Seriously?
Obviously, it's too difficult to serialize the disc at the factory with something similar to a tracking ID to be registered after you buy it right?.....
A soldering iron..... (shaking head).....
Thank Goodness that the car makers don't force you to scratch your name in the paint of your hood with a key when you buy a car....
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hiteck
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Posted: Tue Apr 19, 2011 3:00 pm |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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c. staley wrote: A SOLDERING IRON? -Seriously?
Obviously, it's too difficult to serialize the disc at the factory with something similar to a tracking ID to be registered after you buy it right?.....
A soldering iron..... (shaking head).....
Thank Goodness that the car makers don't force you to scratch your name in paint with a key when you buy a car.... THANKS!! Now I'm wiping Dr. Pepper off my monitor....
_________________ My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.
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Thunder
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Posted: Tue Apr 19, 2011 3:03 pm |
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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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hiteck wrote: Thunder wrote: hiteck wrote: Thunder wrote: And I certainly agree with you, if you don't want to go through the "voluntary" audit and certification program there certainly isn't anything in there that says you will be forced to "volunteer"!
The program is there for those who "wish" to do it. and you left this part out. If you don't submit to the voluntary audit prior to using purchased tracks in CDG form that was transferred to mp3+G format you leave yourself open to being named in a lawsuit. So no you don't have to, but you will be considered a pirate if you don't. Guilty until proven innocent? Didn't leave it out, it is already a given, if you copy your disc to computer in violation of the laws as written, then you are quilty it isn't a matter of proving your innocence, it is a matter of mitigating the circumstances. That is simply the chance you take! What so many seem to not realize is that all of us who transfered our songs for computer use without prior authorization were quilty of piracy, I know of only one person here who obtained that permission before transfering to computer. I am gulity of it and have always held that position from the day I put my computer system to use and so stated on the KJ boards many times! I chose to seek that permission and go through the audits, if it means paying a small fee for the privledge each year then I am good with that also. A given? Ok I'll bite and show my ignorance here. Can you point me to the law that states I can not legally copy my disc(s) to my computer? No, but I can show you a law that says you can not copy them and use them in a commercial atmosphere. And that is the point of being a KJ!
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JoeChartreuse
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Posted: Tue Apr 19, 2011 3:05 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Thunder wrote: []Yet you continue to allow post like the one above to be made by Chip, Joe C. and others without check!
I can't seem to find any negative personalizations / flames authored by me and directed at you. While I HAVE stated that I believe you have lost all credibility, and have pointed out falsehoods posted by you, and have questioned your motivation for posting as you do, I have never called you a name ( i.e. Pirate, pirate supporter, liar, etc..) directly. Why did you equate my posts to others'?
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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