|
View unanswered posts | View active topics
Author |
Message |
Cueball
|
Posted: Sat Jul 16, 2011 1:45 pm |
|
Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
|
JoeChartreuse wrote: I would like to add that if said SC letters were sent to venues in my area, and it cost me work because of mis-interpretation in regard to my being disc-based, and not a part of SC's sham of a list, that I would consider myself a Damaged Party, and would act accordingly. Wall Of Sound wrote: SC wouldn't be sending the letters. The government agency would. Now go back to my original post and re-read my questions... with emphasis on the first one restated below: cueball wrote: What would be the criteria for knowing? Now one possible response to this would be that a KJ must have one of those “Certificates of Authenticity” issued by Sound Choice or ChartBuster (which is really based on a computer operated KJ that is operating on a 1:1 ratio).
Wall Of Sound, I will restate my question (tailored to what you just stated): What would be the Government Agency's criteria for stating that the Venue has Karaoke operating there at a Legal or Illegal level? Are they going to base it on SC or CB's say-so (because they are issuing these pieces of paper entitled "Certificate of Authenticity")??? OR, is the Government going to REDEFINE or CLARIFY the LETTER OF THE LAW as versus the SPIRIT OF THE LAW (which several of the people in this forum have kept talking/arguing about for years in this Forum). W.O.S., before you answer this question, please be so kind as to address my other questions. By answering just one question (in and of itself), you are taking the rest of what I posted out of context.
|
|
Top |
|
|
Thunder
|
Posted: Sat Jul 16, 2011 2:00 pm |
|
Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
|
cueball wrote: Here are my questions and concerns regarding this:
What would be the criteria for knowing? Now one possible response to this would be that a KJ must have one of those “Certificates of Authenticity” issued by Sound Choice or ChartBuster (which is really based on a computer operated KJ that is operating on a 1:1 ratio).
"exactly"
What about the other manufacturers who are still in business? Where are the “Certificates of Authenticity” from them?
Those may be coming sooner than anyone thinks
How many “Certificates of Authenticity” is a KJ supposed to have/hold?
Let's say that for the purpose of satisfying venue owner/manager just one for a computer based system. It will at least show them that the KJ made the effort to be legit.
And what about all those manufacturers (REGARDLESS of whether or not they produced Karaoke tracks legally) that are no longer in business (All Hits, Ameri-Sing, Back Stage, Dangerous, DK, Doctor Music, JVC, Karaoke Classics, Lost Classics, Monster Hits, Music Maestro, Nikodo, NuTech, Performance Tracks, Pioneer, Sound Images, Standing Ovation, etc…). Are we (the KJs) supposed to just get rid of all these songs from these libraries (which we purchased from legitimate storefronts (actual Brick and Mortar Stores or their respective Internet Sites such as Karaoke Warehouse, Karaoke.Com, ACE Karaoke, TSC Karaoke, etc…) in good faith)?
No! with a full audit of all of your disc (and any of the manus will do this) you receive a KIAA certificate. (I wish I had taken all of my disc with me when I went to the audit instead of just SC CB and PHM.
And what about those of us that are still Disc Based? The above mentioned is all based on the KJ being Computer Based? For a Disc Based KJ, there is no 1:1… There is ONLY 1.
If you read the material from SC and CB you will note that it only pertains to media shifted systems.
One thing that’s been stated/argued in past topic threads (regarding Disc Based KJs), is that those KJs have nothing to worry about, because they have done nothing wrong. The problem I see (that has been stated in other topic threads), is that Sound Choice and ChartBuster have been blitzing as many Venues as they can with letters stating that unless they hire a KJ who is Legal, they will be subject to legal proceedings against them as well. Then, they have further stated that you can check their websites (Sound Choice and CharBuster) for a list of those KJs who are Legal (which consists of those KJs who have gone through one of those Audit processes)… And that’s just those who are Computer based. Well, I am Disc Based.
And again being disc based there is no dispute that you are 100% legal, so you don't have a problem. You are correct the "legal" database is for listing those KJ who are "computer based" to identify those "computer based" KJs who are in fact legit.
Now, before one of you jumps in with, “A Disc Based KJ can get a ‘Certificate of Authenticity’ too. Just PAY for an Audit.”... go back to my questions above…. How many Audits do I need to get done, and from whom? I only do 12 shows a year at $150 for 3 hours. Let’s see…. $199 to ChartBuster… $125 to Sound Choice…. That’s already 2 of my 12 shows and a fraction of a 3rd show (not to mention my added expenses of gas and costs for wear and tear on my Vehicle)…. What about all the other brands that SC and CB don’t care about? How much more am I expected to spend for those “C.O.A.’s”??? Although you can get your disc based library certified the only reason for doing so is if you have the intention of shifting them to a computer, because getting the certification is for the purpose of getting permission to shift.
|
|
Top |
|
|
Wall Of Sound
|
Posted: Sat Jul 16, 2011 2:34 pm |
|
Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
|
cueball wrote: Wall Of Sound, I will restate my question (tailored to what you just stated): What would be the Government Agency's criteria for stating that the Venue has Karaoke operating there at a Legal or Illegal level? Are they going to base it on SC or CB's say-so (because they are issuing these pieces of paper entitled "Certificate of Authenticity")??? OR, is the Government going to REDEFINE or CLARIFY the LETTER OF THE LAW as versus the SPIRIT OF THE LAW (which several of the people in this forum have kept talking/arguing about for years in this Forum).
W.O.S., before you answer this question, please be so kind as to address my other questions. By answering just one question (in and of itself), you are taking the rest of what I posted out of context.
Cue, First of all my response was to Joe as I wanted to clarify the purpose of this thread that I started. I'm just going to send a list of karaoke venues that advertise in newspapers, internet websites, and any other karaoke publication I find to the government agencies, along with copies of the recent karaoke trademark infringing lawsuits, and the Knox County Tennessee Law Director's letter attached at the beginning of this thread. This would be the criteria & the government agencies can do with it what they wish. I am going to ask these government agencies to follow suit in informing, thus educating, these venues who have advertised karaoke shows of laws they must adhere to in order to remain the holder of such license. Of course, the government agency can deny my request, but I'm going to do it anyway & I suggest to everyone that they do the same in their local area. I think this is a really good idea to battle local piracy from the grassroots level. Thank you Joeseph G. Jarret, Knox County Tennessee Law Director, for this awesome idea!
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
Last edited by Wall Of Sound on Sat Jul 16, 2011 2:42 pm, edited 1 time in total.
|
|
Top |
|
|
c. staley
|
Posted: Sat Jul 16, 2011 2:42 pm |
|
|
Extreme Poster |
|
Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
|
earthling12357 wrote: Quote: § 507. Limitations on actions7 (a) Criminal Proceedings. — Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.
(b) Civil Actions. — No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Could that mean a pirate who downloaded his library five years ago and has been openly using it for more than three years is "in the clear" from lawsuits? You're looking at copyright.... check out trademark. I believe it's different.
|
|
Top |
|
|
Cueball
|
Posted: Sat Jul 16, 2011 2:48 pm |
|
Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
|
Thunder wrote: Although you can get your disc based library certified the only reason for doing so is if you have the intention of shifting them to a computer, because getting the certification is for the purpose of getting permission to shift. The way I view it, that is not necessarily true. The way SC and CB have gone about this (to my understanding), their letters to the Venues have been IMPLYING if the KJ does not have a "COA," then he/she is not operating legally... and then they add on that one must go and check THEIR WEBSITE for a list of those who are operating legally. Well, I have no intention to format shift, and therefore, my name will not appear on their ONLINE list. If a Venue decides to check this list (when considering to hire me), they might be inclined to pass on my services (due to my name NOT being on their list).
|
|
Top |
|
|
Thunder
|
Posted: Sat Jul 16, 2011 2:54 pm |
|
Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
|
cueball wrote: Thunder wrote: Although you can get your disc based library certified the only reason for doing so is if you have the intention of shifting them to a computer, because getting the certification is for the purpose of getting permission to shift. The way I view it, that is not necessarily true. The way SC and CB have gone about this (to my understanding), their letters to the Venues have been IMPLYING if the KJ does not have a "COA," then he/she is not operating legally... and then they add on that one must go and check THEIR WEBSITE for a list of those who are operating legally. Well, I have no intention to format shift, and therefore, my name will not appear on their ONLINE list. If a Venue decides to check this list (when considering to hire me), they might be inclined to pass on my services (due to my name NOT being on their list). Cue, Have you seen the actual letter that is sent to the venues? I have the actual "piracy" package here that is sent out to the venues, I will pull it out and read it again to be sure but I think it specifically addresses disc based systems. However I do not know what may or may not be contained in any "letter" that is sent out.
Last edited by Thunder on Sat Jul 16, 2011 2:57 pm, edited 1 time in total.
|
|
Top |
|
|
Wall Of Sound
|
Posted: Sat Jul 16, 2011 2:55 pm |
|
Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
|
cueball wrote: Thunder wrote: Although you can get your disc based library certified the only reason for doing so is if you have the intention of shifting them to a computer, because getting the certification is for the purpose of getting permission to shift. The way I view it, that is not necessarily true. The way SC and CB have gone about this (to my understanding), their letters to the Venues have been IMPLYING if the KJ does not have a "COA," then he/she is not operating legally... and go and check OUR WEBSITE for a list of those who are operating legally. Well, I have no intention to format shift, and therefore, my name will not appear on their ONLINE list. If a Venue decides to check this list (when considering to hire me), they might be inclined to pass on my services (due to my name NOT being on their list). You probably could pay them the $125 for advertising. You would probably have to prove that you are not computer based. Why don't you give Sound Choice or Chartbuster a call on Monday morning & ask how you can get listed? They are really nice people & I'm sure they would work something out with you.
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
|
|
Top |
|
|
MtnKaraoke
|
Posted: Sat Jul 16, 2011 2:59 pm |
|
Joined: Thu Aug 05, 2010 1:40 pm Posts: 1052 Images: 1 Been Liked: 204 times
|
Cueball, the information I've seen makes it clear that if the KJ is USING A COMPUTER to produce the karaoke display and there are no CD+G discs present, then it is obligatory to determine whether that COMPUTER based operation is legitimate.
_________________ Never the same show twice!
|
|
Top |
|
|
Thunder
|
Posted: Sat Jul 16, 2011 3:00 pm |
|
Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
|
Wall Of Sound wrote: You probably could pay them the $125 for advertising.
You would probably have to prove that you are not computer based.
Why don't you give Sound Choice or Chartbuster a call on Monday morning & ask how you can get listed? They are really nice people & I'm sure they would work something out with you. Also an excellent idea!
|
|
Top |
|
|
c. staley
|
Posted: Sat Jul 16, 2011 3:29 pm |
|
|
Extreme Poster |
|
Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
|
cueball wrote: Thunder wrote: Although you can get your disc based library certified the only reason for doing so is if you have the intention of shifting them to a computer, because getting the certification is for the purpose of getting permission to shift. The way I view it, that is not necessarily true. The way SC and CB have gone about this (to my understanding), their letters to the Venues have been IMPLYING if the KJ does not have a "COA," then he/she is not operating legally... and then they add on that one must go and check THEIR WEBSITE for a list of those who are operating legally. Well, I have no intention to format shift, and therefore, my name will not appear on their ONLINE list. If a Venue decides to check this list (when considering to hire me), they might be inclined to pass on my services (due to my name NOT being on their list). Exactly Cueball! If you went to a club and they refused your services (disc based) because of SC's "safe harbor" information or you were not listed on the web site AND you have proof of that.... I believe it would be actionable in nature. And partially because SC sold the discs -some with inserts that read: "KJ's increase your profits..." admitting and promoting the commercial use of their product and then turning around and "spoiling the market." In my opinion, any disc-based KJ that was refused employment on the basis of "we don't do karaoke because there are too many lawsuits" would also be in a position to sue SC for the same reasons. SC's argument to that would be that you weren't hired because you suck... so that would have to be addressed as not the reason.
|
|
Top |
|
|
Lone Wolf
|
Posted: Sat Jul 16, 2011 5:50 pm |
|
Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
|
I haven't seen anything posted from Rumbolt on this subject.
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
|
|
Top |
|
|
Thunder
|
Posted: Sat Jul 16, 2011 10:23 pm |
|
Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
|
Lone Wolf wrote: I haven't seen anything posted from Rumbolt on this subject. I don't know for sure but perhaps Rumbolt is disgusted with those who continually try to defend piracy (or oppose those who are anti-piracy) and may feel that it isn't worth his effort any longer to inform those who may not know (and need to know) what is actually happening. I do hope that this is not the case though because there are a lot of KJs out here who would benefit greatly from the knowledge that is being passed along to those who are open minded enough to actually listen.
|
|
Top |
|
|
KaraokeJerry
|
Posted: Sun Jul 17, 2011 1:53 am |
|
|
Senior Poster |
|
Joined: Wed Jun 25, 2008 2:28 am Posts: 216 Location: Raleigh, NC Been Liked: 43 times
|
For Cue and Joe: I am an all-disc KJ. One of my venues also employs a KJ who uses a PC. He contacted Sound Choice and got certified. Later, my venue got the letter saying the bar should employ only certified KJ's. My bar owner was concerned that this affected me (because I was not certified). In addition, other certified KJ's were advertising themselves as the only "legal" shows in town. So, I contacted Sound Choice, got a certification as an Original Disc User (which includes permission to media-shift if I ever choose to do so). I'm listed on the Sound Choice site as certified.
Here is the ironic part, as it applies to this thread: We two KJ's are not allowed to work at that bar for a while. A city "task force" visited one night looking for violations, found the bar lacks a certain number of paved parking places, so the live music permit was suspended until the situation is corrected. So I do believe that a local government body can certainly check into bars about any type of perceived illegal activities. It's up to the bar owner to prove the stuff is not illegal. I can easily see this applying to karaoke piracy.
|
|
Top |
|
|
c. staley
|
Posted: Sun Jul 17, 2011 2:07 am |
|
|
Extreme Poster |
|
Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
|
KaraokeJerry wrote: For Cue and Joe: I am an all-disc KJ. One of my venues also employs a KJ who uses a PC. He contacted Sound Choice and got certified. Later, my venue got the letter saying the bar should employ only certified KJ's. My bar owner was concerned that this affected me (because I was not certified). In addition, other certified KJ's were advertising themselves as the only "legal" shows in town. So, I contacted Sound Choice, got a certification as an Original Disc User (which includes permission to media-shift if I ever choose to do so). I'm listed on the Sound Choice site as certified. Did this require a physical audit of your discs and did you have to sign any agreement(s) or pay any fees? KaraokeJerry wrote: Here is the ironic part, as it applies to this thread: We two KJ's are not allowed to work at that bar for a while. A city "task force" visited one night looking for violations, found the bar lacks a certain number of paved parking places, so the live music permit was suspended until the situation is corrected. So I do believe that a local government body can certainly check into bars about any type of perceived illegal activities. It's up to the bar owner to prove the stuff is not illegal. I can easily see this applying to karaoke piracy. The suspension of the entertainment permit is not necessarily a punitive measure on the part of the city, it could be simple ordinances requiring a certain number of parking spaces depending on the occupancy of the building. This suspension sounds more like a safety or policy issue than anything else. Like failing a heath inspection and not allowed to serve food until they've passed another inspection. And just to clear up your definition: A violation of any city code is not necessarily evidence of illegal activity. It usually requires either improvements or compliance with a rule of the city. Lacking enough parking spaces on an improved lot is hardly what I'd consider criminally "illegal."
|
|
Top |
|
|
Thunder
|
Posted: Sun Jul 17, 2011 2:25 am |
|
Joined: Thu Dec 23, 2010 9:36 am Posts: 1066 Location: Madison VA Been Liked: 0 time
|
cueball wrote: is the Government going to REDEFINE or CLARIFY the LETTER OF THE LAW as versus the SPIRIT OF THE LAW (which several of the people in this forum have kept talking/arguing about for years in this Forum). . I have heard so much talk about the law and the "spirit of the law" that I did a little research into the differences and the meanings of the two. Let's say that the letter of the law states that; "you shall not copy this CDG for commercial use without permission." Now if you follow the letter of the law, you simply won't make a copy of the disc for commercial use without permission, because the law says if you are caught you will be punished. However, if you follow the "spirit of the law", you don't even think about making a copy without permission because you know it is morally wrong to do so. The origin of the term "spirit of the law" actually has it's roots in the bible.
Last edited by Thunder on Sun Jul 17, 2011 2:04 pm, edited 1 time in total.
|
|
Top |
|
|
c. staley
|
Posted: Sun Jul 17, 2011 1:56 pm |
|
|
Extreme Poster |
|
Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
|
Thunder wrote: I have heard so much talk about the law and the "spirit of the law" that I did a little research into the differences and the meanings of the two.
Let's say that the letter of the law states that; "you shall not copy this CDG for commercial use without permission."
Now if you follow the letter of the law, you simply won't make a copy of the disc for commercial use without permission, because the law says if you are caught you will be punished. However, if you follow the "spirit of the law", you don't even think about making a copy without permission because you know it is morally wrong to do so. Where do you do your research? Because it appears that you have absolutely no idea what you're talking about in my opinion. As timberlea would say: "Nice Try."
|
|
Top |
|
|
diafel
|
Posted: Sun Jul 17, 2011 8:02 pm |
|
Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
|
Thunder wrote: cueball wrote: is the Government going to REDEFINE or CLARIFY the LETTER OF THE LAW as versus the SPIRIT OF THE LAW (which several of the people in this forum have kept talking/arguing about for years in this Forum). . I have heard so much talk about the law and the "spirit of the law" that I did a little research into the differences and the meanings of the two. Let's say that the letter of the law states that; "you shall not copy this CDG for commercial use without permission." Now if you follow the letter of the law, you simply won't make a copy of the disc for commercial use without permission, because the law says if you are caught you will be punished. However, if you follow the "spirit of the law", you don't even think about making a copy without permission because you know it is morally wrong to do so. The origin of the term "spirit of the law" actually has it's roots in the bible. Clearly, you don't understand the difference and your research is sorely lacking. Maybe try digging a little deeper next time. Let's use a simple, made up example to illustrate the difference between the two. Suppose the law says that absolutely no motorized vehicle shall driven, or ridden on the sidewalk. The letter of the law would have a person in an electric wheelchair arrested and thrown in jail for riding on the sidewalk. The spirit of the law, however, would certainly make an exception for someone in such a circumstance. Hope this helps to clear things up for you.
|
|
Top |
|
|
c. staley
|
Posted: Sun Jul 17, 2011 8:08 pm |
|
|
Extreme Poster |
|
Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
|
diafel wrote: Clearly, you don't understand the difference and your research is sorely lacking. Maybe try digging a little deeper next time. Let's use a simple, made up example to illustrate the difference between the two. Suppose the law says that absolutely no motorized vehicle shall driven, or ridden on the sidewalk. The letter of the law would have a person in an electric wheelchair arrested and thrown in jail for riding on the sidewalk. The spirit of the law, however, would certainly make an exception for someone in such a circumstance. Hope this helps to clear things up for you.
|
|
Top |
|
|
timberlea
|
Posted: Sun Jul 17, 2011 9:40 pm |
|
Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
|
Don't confuse "spirit" with descretion. Also don't confuse a motor vehicle with a powered wheelchair or powered stroller. But nice try.
_________________ You can be strange but not a stranger
|
|
Top |
|
|
DannyG2006
|
Posted: Sun Jul 17, 2011 9:49 pm |
|
Joined: Sun Nov 27, 2005 11:31 am Posts: 5405 Location: Watebrury, CT Been Liked: 407 times
|
diafel wrote: Thunder wrote: cueball wrote: is the Government going to REDEFINE or CLARIFY the LETTER OF THE LAW as versus the SPIRIT OF THE LAW (which several of the people in this forum have kept talking/arguing about for years in this Forum). . I have heard so much talk about the law and the "spirit of the law" that I did a little research into the differences and the meanings of the two. Let's say that the letter of the law states that; "you shall not copy this CDG for commercial use without permission." Now if you follow the letter of the law, you simply won't make a copy of the disc for commercial use without permission, because the law says if you are caught you will be punished. However, if you follow the "spirit of the law", you don't even think about making a copy without permission because you know it is morally wrong to do so. The origin of the term "spirit of the law" actually has it's roots in the bible. Clearly, you don't understand the difference and your research is sorely lacking. Maybe try digging a little deeper next time. Let's use a simple, made up example to illustrate the difference between the two. Suppose the law says that absolutely no motorized vehicle shall driven, or ridden on the sidewalk. The letter of the law would have a person in an electric wheelchair arrested and thrown in jail for riding on the sidewalk. The spirit of the law, however, would certainly make an exception for someone in such a circumstance. Hope this helps to clear things up for you. Actually it doesn't because you are confusing spirit of the law with reasonable accommodations under the ADA law. A higher law makes the law you used as an example moot. Like Timberlea said nice try.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
|
|
Top |
|
|
Who is online |
Users browsing this forum: No registered users and 67 guests |
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot post attachments in this forum
|
|