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c. staley
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Posted: Tue Aug 09, 2011 2:57 pm |
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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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timberlea wrote: Chip, but that is $350 out of their pockets, which they most likely already spend, so they will have to recoup it, if possible. But then some people think it's a free ride. Doesn't matter. They'll recoup it alright.... in a "reverse auction" for clubs. It's just another "cost of doing business and being certified" isn't it? You are all for that right?... $125/year for SC, $199/year for CB and so on... on top of buying their stuff... that's a free ride for who?... If a pirate can get 1 night a WEEK - it's paid for. AND they're "certified" and now have all the same "credentials" as anyone else that SC is now squeezing for audit fees. Dollars-to-donuts bet you that SC will NEVER go back and check anyone who is currently paying on their finance plan... Why would they risk interrupting a perfectly good income stream?
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Paradigm Karaoke
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Posted: Tue Aug 09, 2011 11:22 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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good point with the math Lon. but to make it accurate, they only get the 4200 song set for $7500.00 that makes 280 discs for a price of $26.78 per disc part of the settlement is removing all tracks they do not have discs for, and if they get caught again, yup, they lose the GEM, and get sued for breach of contract among other charges. it makes a good setup for the future.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Wall Of Sound
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Posted: Wed Aug 10, 2011 4:01 am |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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c. staley wrote: $125/year for SC, $199/year for CB and so on... Your information is wrong. Annual fees are not that much after the initial audit costs. You can call both manu's to get the facts. Sound Choice: 1-800-788-4487 Chartbuster: 1-800-347-5504
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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The Lone Ranger
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Posted: Wed Aug 10, 2011 4:48 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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[quote="MtnKaraoke"]
What exactly do you mean by "bend my knee"? There is a vast difference between what I think you mean: to submit, and what I believe it is that I am doing. I believe that I am cooperating. The net result of that cooperation is that I am free to run my business and use SC's (and CB's) product without fear of reprisal. I don't have any "dead" assets that cost me $$ and are not making me $$
Last edited by The Lone Ranger on Wed Aug 10, 2011 4:59 am, edited 1 time in total.
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The Lone Ranger
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Posted: Wed Aug 10, 2011 4:54 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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[quote="The Lone Ranger"] Under the feudal system if you sought the protection of a powerful lord you had to pay him homage, by formally making the request in public and getting down on one knee and swearing life long fealty, or service. If you were a peasant you had to work his land and pay his taxes. If you were a fighting man you had to fight for him, even if his cause was unjust. What ever talents you had of hopes or dreams, they were all second to the plans of the lord. I have lived long enough to know one thing you can't play the appeasement game, and still have your self respect. It didn't work at Munich in 1938, and it is strange to me that people never learn from history. I still believe the only way to avoid coming under Sound Choice's sphere of influence, is to refuse to use their product at all. As Joe has pointed out Sound Choice becomes less critical every day their existing library gets older. Someday people will be singing 20 year old songs once made by them. When that happens with all the discs you have, you can have a Sound Choice show for all your seniors. Start planning for your new target market. After all 20 years happens quicker than you think, the older you get the faster time flies, especially if you have children.
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The Lone Ranger
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Posted: Wed Aug 10, 2011 5:06 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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Wall Of Sound wrote: c. staley wrote: $125/year for SC, $199/year for CB and so on... Your information is wrong. Annual fees are not that much after the initial audit costs. You can call both manu's to get the facts. Sound Choice: 1-800-788-4487 Chartbuster: 1-800-347-5504 The whole point is you have to pay something just to use a product, they should be paying you for the promotion of the trademark and keeping the public's mind on the product, it is free advertising at your show. Oh of course that would be true if they were still making product right. Sometimes I get confused about what business Sound Choice is really in these days. That's right they are now professional legal litigants, looking to file those personal injury suits.
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c. staley
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Posted: Wed Aug 10, 2011 6:28 am |
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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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Paradigm Karaoke wrote: good point with the math Lon. but to make it accurate, they only get the 4200 song set for $7500.00 that makes 280 discs for a price of $26.78 per disc part of the settlement is removing all tracks they do not have discs for, and if they get caught again, yup, they lose the GEM, and get sued for breach of contract among other charges. it makes a good setup for the future. You're missing he point Paradigm by once again, focusing on the number of songs, or number of discs. I assert that it doesn't matter - once the pirate has their "certification" -which by the way is easily affordable with a 1 night a week gig at $75, there's nothing to stop this (now certified legit) host from going after your gigs on other nights at $100/night or less. As far as erasing tracks and all the rest: Baloney. SC isn't about to interrupt a perfectly good and paying income stream. Look at it this way: If I'm paying you $350 a month for 2 years, after 6 months are you going to send me a letter and tell me that all bets are off, your lease is canceled and send back the gem series because your competitor rumbolt, calls and tells me that he thinks you have too many songs? I don't think so. If I'm paying you, you won't make a peep until you've cashed my final payment check.... at which time you will have another product to replace the first to sell me... There's a substantial difference between what "should happen" and reality.
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The Lone Ranger
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Posted: Wed Aug 10, 2011 7:42 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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spotlightjr wrote: It seems as if we're not all as "gifted" as you, Lone. Believe it or not, venue owners don't come running to all of us with their wallet's out begging for us to grace their establishments.
We have relied on manus like SC to give us a leg up on the competition. Overall, they are known as the gold standard for karaoke regardless of what you all say. It's important to my regulars that I have the BEST karaoke tracks available to them and I will continue to provide it. It's not a matter of being gifted, all though having natural ability doesn't hurt. It is more about planning, setting goals, playing to your strengths, and away from your weakness"s. To keep in focus what it is you a trying to accomplish and having short term and long term final destination's. They don't come running with their wallets open, they ask me to come over and look over the venue. I just don't look at their business as a means of running my show. I listen to their concerns and try to tailor the show to their problems, if you show a genuine interest at making the owner a profit, then they are wanting to hear what you have to say. I have a proven track record of setting up new programs where none existed before. Also I have taken failing venues and turned them around in some cases increasing sales four fold or more. You have to work with the venues and demonstrate that you are not just there for a pay day. My minor in college was marketing / advertising.
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JimHarrington
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Posted: Wed Aug 10, 2011 11:08 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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c. staley wrote: With all due respect, you might have missed the point. The point I'm making here is that the price you pay for music, whether it's disc or Gem, is no longer a factor in this equation at all.
[...]
Sort of. What I am saying is that making pirates pay up is not "helping YOU" at all. It only benefits SC and opens the door to these same slugs going directly after your gigs. There will be no "certified advantage" because that part of the playing field will certainly be level now won't it? Yep. And what these people pay for in "penalties" will not be enough to dissuade them from undercutting -or at the very least attempting to undercut- you again.
Your position on this would be accurate if SC were only forcing pirates to pay a penalty to legitimize their pirated tracks. For example, if the guy who bought a preloaded hard drive with 18,000 SC tracks on it could pay a penalty and continue using those tracks, then you would be absolutely right--it doesn't benefit the fully legit KJ. But we have always required those tracks to be deleted. So the legit KJ who has 10,000 SC tracks, acquired over a period of years at significant cost, isn't competing with the guy who has 18,000 SC tracks acquired for $350. He's now competing with the guy who has 4800 SC tracks acquired at double the current retail price. And when you factor in the degree to which they delete CB, PHM, etc., also, there is a significant competitive advantage to the legit KJ who has more legit tracks. We also have an alternative settlement program whereby the pirate KJ gets out of the business, agreeing not to host for three years and agreeing to operate fully legally after that if he gets back in. Violation of that agreement causes the KJ to incur a heavy liability ($25,000 or more, plus injunctive relief). And let's not forget about the guys who just leave the business after being sued, without an agreement. c. staley wrote: And bring it on they most certainly will, because there will be no reason for them to lurk in the shadows or live off the fringes. They will be just as "certified" as you are.
But so will the guy who decides to start running karaoke and buys a GEM set to get started. That guy pays half what the pirate paid for the same material. c. staley wrote: But in the same breath, don't be misled into thinking that Sound Choice wants to rid the world of them for your benefit either because it really has nothing to do helping you.
I don't think we've ever made a secret of the fact that SC hopes to gain financially through this litigation, although it's really more about making up for losses incurred due to piracy. SC isn't a charity. It's a business, and it is in business to make money. But that doesn't mean that we can't also be motivated by a desire to help legit KJs grow their businesses and make more money. Ideally, some pirates will be turned into customers, the rest will leave the business, and prices for legitimate operators (including former pirates) will go up. SC benefits from that, but so do the legit operators.
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diafel
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Posted: Wed Aug 10, 2011 11:15 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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HarringtonLaw wrote: c. staley wrote: But we have always required those tracks to be deleted. So the legit KJ who has 10,000 SC tracks, acquired over a period of years at significant cost, isn't competing with the guy who has 18,000 SC tracks acquired for $350. He's now competing with the guy who has 4800 SC tracks acquired at double the current retail price. And when you factor in the degree to which they delete CB, PHM, etc., also, there is a significant competitive advantage to the legit KJ who has more legit tracks.
But what's to stop them from re-downloading those tracks once the dust settles? What's in place to ensure that that doesn't happen?
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DannyG2006
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Posted: Wed Aug 10, 2011 11:41 am |
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Joined: Sun Nov 27, 2005 11:31 am Posts: 5397 Location: Watebrury, CT Been Liked: 406 times
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diafel wrote: HarringtonLaw wrote: c. staley wrote: But we have always required those tracks to be deleted. So the legit KJ who has 10,000 SC tracks, acquired over a period of years at significant cost, isn't competing with the guy who has 18,000 SC tracks acquired for $350. He's now competing with the guy who has 4800 SC tracks acquired at double the current retail price. And when you factor in the degree to which they delete CB, PHM, etc., also, there is a significant competitive advantage to the legit KJ who has more legit tracks.
But what's to stop them from re-downloading those tracks once the dust settles? What's in place to ensure that that doesn't happen? If caught with those tracks without a disc to back them up they are in breach of contract right there. I am sure that SC is going to be checking on them at regular intervals. The Covenant not to sue does not cover illegal deeds.
_________________ The Line Array Experiment is over. Nothing to see here. Move along.
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Wall Of Sound
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Posted: Wed Aug 10, 2011 11:50 am |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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The Lone Ranger wrote: Someday people will be singing 20 year old songs once made by them. When that happens with all the discs you have, you can have a Sound Choice show for all your seniors. Yup, only 9 more years until your DK show is a senior show as well since you no longer use SC!
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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JimHarrington
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Posted: Wed Aug 10, 2011 12:11 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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diafel wrote: But what's to stop them from re-downloading those tracks once the dust settles? What's in place to ensure that that doesn't happen? Our settlement agreements require pre-authorization to audit on short notice (usually 1 day). We require the KJ to provide us with a list of the SC discs he/she has at the time of settlement, for those who have some discs prior to settlement. We do follow-up audits periodically. We also do unannounced follow-up inspections by visiting shows, examining books, maybe even requesting songs not in the KJ's known collection, usually as a precursor to an audit. Most importantly, our settlement agreements generally provide that if the KJ violates the obligation not to commit piracy, we can void the settlement agreement and re-sue for trademark infringement, including for acts that occurred prior to the settlement.
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c. staley
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Posted: Wed Aug 10, 2011 1:05 pm |
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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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HarringtonLaw wrote: c. staley wrote: With all due respect, you might have missed the point. The point I'm making here is that the price you pay for music, whether it's disc or Gem, is no longer a factor in this equation at all. [...]
Your position on this would be accurate if SC were only forcing pirates to pay a penalty to legitimize their pirated tracks. For example, if the guy who bought a preloaded hard drive with 18,000 SC tracks on it could pay a penalty and continue using those tracks, then you would be absolutely right--it doesn't benefit the fully legit KJ. You are placing the emphasis on the library/brand of songs as if that factor alone is the majority of the draw, not the talents of the kj running the show. If a pirate gets your "certification" then the venue is safe and that's all they care about - not the number or brand of song. Venues don't care what the "certification" is for -whether it's for discs, or mp3+g's, cassettes or singing into a paper cup much less the brand of karaoke song. The primary reason a KJ buys a song is for the song, the brand it originates from is a secondary consideration. HarringtonLaw wrote: But we have always required those tracks to be deleted. So the legit KJ who has 10,000 SC tracks, acquired over a period of years at significant cost, isn't competing with the guy who has 18,000 SC tracks acquired for $350. He's now competing with the guy who has 4800 SC tracks acquired at double the current retail price. And when you factor in the degree to which they delete CB, PHM, etc., also, there is a significant competitive advantage to the legit KJ who has more legit tracks. "Competitive advantage" is not equated to the size of a library any more than a fancy office is a competitive advantage to a legal firm. Appropriate titles for the type of patrons that frequent any establishment is. Consequently, there are KJ's that flourish with little or no SC content in their system. Joe Chartruese, while being disc-based, has very few SC tracks at all and has been in this business for over 20 years. Lone Ranger is another. HarringtonLaw wrote: We also have an alternative settlement program whereby the pirate KJ gets out of the business, agreeing not to host for three years and agreeing to operate fully legally after that if he gets back in. Violation of that agreement causes the KJ to incur a heavy liability ($25,000 or more, plus injunctive relief). That would only be enforceable concerning SC tracks in my opinion and any KJ that would agree to that is either uninformed and/or not represented. Or of course, really didn't need the money anyway. HarringtonLaw wrote: And let's not forget about the guys who just leave the business after being sued, without an agreement. Again, they didn't need the job in the first place and it's simply disposable. HarringtonLaw wrote: c. staley wrote: And bring it on they most certainly will, because there will be no reason for them to lurk in the shadows or live off the fringes. They will be just as "certified" as you are.
But so will the guy who decides to start running karaoke and buys a GEM set to get started. That guy pays half what the pirate paid for the same material. Again, the costs of music is no longer a factor and the guy that pays half has now an even better advantage at undercutting other KJ's. And as we all know, the newest KJ's are the ones that tend undercut just to get in the door. So it will be a "certified undercutter" that will have the "competive advantage" over the "legit KJ" isn't it? HarringtonLaw wrote: c. staley wrote: But in the same breath, don't be misled into thinking that Sound Choice wants to rid the world of them for your benefit either because it really has nothing to do helping you.
I don't think we've ever made a secret of the fact that SC hopes to gain financially through this litigation, although it's really more about making up for losses incurred due to piracy. SC isn't a charity. It's a business, and it is in business to make money. But that doesn't mean that we can't also be motivated by a desire to help legit KJs grow their businesses and make more money. Ideally, some pirates will be turned into customers, the rest will leave the business, and prices for legitimate operators (including former pirates) will go up. SC benefits from that, but so do the legit operators. Ideally, a majority of pirates will "become customers" and that will only benefit SC in my opinion -- there won't be enough leaving this business to have any effect on "legit operators." And that is evidenced by the large number of filings in Florida that have not seemed to have any affect on the legit operators there.
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Wall Of Sound
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Posted: Wed Aug 10, 2011 1:10 pm |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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My god we got a court reporter arguing with an attorney!
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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timberlea
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Posted: Wed Aug 10, 2011 1:12 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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And who's advice would you take?
_________________ You can be strange but not a stranger
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Lonman
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Posted: Wed Aug 10, 2011 2:30 pm |
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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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c. staley wrote: The primary reason a KJ buys a song is for the song, the brand it originates from is a secondary consideration. True to a point - at least for me. I have my brand preferences & I will always listen to the version if available. I will listen to said brand to see if it meets my personal standards, if not then I will pursue a different brand usually next on my list of manu preference to see if available and repeat listening process, etc. To me if a song sounds like crap then there is no point in purchasing it. Quote: "Competitive advantage" is not equated to the size of a library any more than a fancy office is a competitive advantage to a legal firm. Appropriate titles for the type of patrons that frequent any establishment is. Consequently, there are KJ's that flourish with little or no SC content in their system. Joe Chartruese, while being disc-based, has very few SC tracks at all and has been in this business for over 20 years. Lone Ranger is another. ]/quote]I am actually gaining singers from clubs that have the 'pull all SC out of books' mentality. I'm sure they will still flourish, but i'll have some of their singers. Quote: Ideally, a majority of pirates will "become customers" and that will only benefit SC in my opinion -- there won't be enough leaving this business to have any effect on "legit operators." And that is evidenced by the large number of filings in Florida that have not seemed to have any affect on the legit operators there. I see it as they were always there, if they become legit - great, at least they will competing with a lower number of songs, and chances are many will not be able to do so as they (at least around here) relied on the 'huge' number to try to bring people in. If they go out of business - great opens doors for other legit hosts, maybe me? Maybe someone else. I really do not care as long as it is a legit host.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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The Lone Ranger
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Posted: Wed Aug 10, 2011 3:43 pm |
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Wall Of Sound wrote: The Lone Ranger wrote: Someday people will be singing 20 year old songs once made by them. When that happens with all the discs you have, you can have a Sound Choice show for all your seniors. Yup, only 9 more years until your DK show is a senior show as well since you no longer use SC! I already have seniors at my shows as well as families, and I only intend to do this seven more years max. Those yamaha speakers weigh around 60 pounds each and they are getting heavier all the time. Polly want an AUDIT?
Last edited by The Lone Ranger on Wed Aug 10, 2011 3:45 pm, edited 1 time in total.
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Paradigm Karaoke
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Posted: Wed Aug 10, 2011 3:43 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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c. staley wrote: The primary reason a KJ buys a song is for the song, the brand it originates from is a secondary consideration. agreed, but if i have my choice between a versions, i will go for the better version. if it is SC, cool, if not, then whatever the version that i think sounds the most accurate. i won't grab an All Hits just because it is the first one i see if i can get an SC or CB version.c. staley wrote: That would only be enforceable concerning SC tracks in my opinion and any KJ that would agree to that is either uninformed and/or not represented. Or of course, really didn't need the money anyway. really? because you have so much more legal expertise than a lawyer? if someone was uninformed or unrepresented, their own fault (if it would even make a difference) and if they didn't need the money anyway, good for them leaving and opening the venue.c. staley wrote: Again, the costs of music is no longer a factor and the guy that pays half has now an even better advantage at undercutting other KJ's. And as we all know, the newest KJ's are the ones that tend undercut just to get in the door. So it will be a "certified undercutter" that will have the "competive advantage" over the "legit KJ" isn't it? very true, and it has unfortunately been that way for a long time. part of advancing technology, not a whole lot we can do about that part, but we agree. c. staley wrote: Ideally, a majority of pirates will "become customers" and that will only benefit SC in my opinion -- there won't be enough leaving this business to have any effect on "legit operators." And that is evidenced by the large number of filings in Florida that have not seemed to have any affect on the legit operators there. of course, if they can sell a GEM, they will. that fact has never been hidden. as far as enough leaving...i have done my share of "WTF Sound Choice?" lately and i still think it is worth waiting a bit longer to see myself the results. if nothing changes, i will be right there with you.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Skid Rowe
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Posted: Wed Aug 10, 2011 3:57 pm |
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Joined: Sun Mar 08, 2009 4:49 pm Posts: 259 Location: Raleigh, NC Been Liked: 7 times
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Hey Lon, I did a quick post yesterday, and now it seem to come up every time Chip does a post. (At the bottom of his posts) I don't know how this happened. Can you fix it? It looks like spam. Really don't know how that happened. I'll bet Chip is not too happy about it. So do what you can. Thanks
_________________ My first choice IS Sound Choice.
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