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PostPosted: Thu Mar 15, 2012 1:49 am 
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Smoothedge69 wrote:
Tricerasoft seems to have gotten the license from the Eagles. They have seven pages worth of Eagles tunes.

Which is questionable in itself since Don Henly & Gleen Frey own most of the rights to those songs & have state in public they HATE karaoke & don't want any of their songs associated with it. This was years ago mind you so don't ask for a link. It might be out there somewhere. Which is why they demanded SC to pull all Eagles songs licensed to them 2 off of production.

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PostPosted: Thu Mar 15, 2012 1:59 am 
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Lonman wrote:
Smoothedge69 wrote:
Tricerasoft seems to have gotten the license from the Eagles. They have seven pages worth of Eagles tunes.

Which is questionable in itself since Don Henly & Gleen Frey own most of the rights to those songs & have state in public they HATE karaoke & don't want any of their songs associated with it. This was years ago mind you so don't ask for a link. It might be out there somewhere. Which is why they demanded SC to pull all Eagles songs licensed to them 2 off of production.

If you look around there are quite a few Eagles discs in print. Legends, Zoom, and Top Hits are a few. Maybe they changed their stance on Karaoke.

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PostPosted: Thu Mar 15, 2012 2:02 am 
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Well Top Hits is out of business because of lawsuits against them for producing songs without proper licensing. LEgends (out of biz) & Zoom are both UK companies that don't have the same copyright laws, but aren't allowed in the US for sale anymore.

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PostPosted: Thu Mar 15, 2012 2:50 am 
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ok, i sent a request to Sunfly directly for verification on this and the request was sent to Tricerasoft BY SUNFLY to respond, i have permission from Gai at Tricerasoft to repost this e-mail.


Most of the people passing these rumours are people either working for
the competitors or have vested interest to take business away from us -
we have tried on many occassions to explain to everyone on the forum how
licensing works, dispelling all rumours, and making them understand that
there is nothing special about just the USA and that there is no such
thing as "commercial use" for entertainers, it is simply a permission
from the manufacturer to use the content for entertainment purposes and
it works exactly like the rest of the world (EXACTLY). I prefer not
posting anything anymore on the forums because it serves no purpose,
infact it just stirs them up even more to come up with new conspiracy
theories but you are welcome to post the reply if you believe it will
help someone, they are welcome to do the same as you have and actually
ask (which most prefer to complain and make up theories before bothering
to ask) - I guarantee you will see someone working for the competitor
immediately say something nasty even though you can clearly see the
proof that we work closely with our manufacturers, have tight
relationships with full permissions, and undertand that we pay our
licensing. Our manufacturers all identify our receipts and they will
never question or accuse you if you have proof of purchase.

Regards,
Gai Marcos
TriceraSoft

Bill Forrest wrote:

> Hi Gai:
> i understand all of that, my main reason for going direct to
> Sunfly was actually to get a few off my back as i have been using many
> downloaded tracks from you. on several forums as Tricerasoft has
> stated the terms, many do not believe it and so i was looking to post
> an email from Sunfly verifying what the terms state to get them to
> back off of everyone using your service and perhaps even get you more.
> many are still of the thought that downloads can not be licensed in
> the U.S. for commercial use so anyone using downloads is instantly
> jumped on as being pirates and using illegal materials.
>
> thank you for responding to me (it is obvious that you are tight with
> Sunfly if they went to you to respond to this inquiry)
>
> may i post this e-mail response from you on the Karaoke Scene forum to
> back up the information?
>
> Thank you:
> Bill Forrest
>
> On 03/14/2012 04:10 AM, TriceraSoft Support wrote:
>
>> Bill,
>>
>> You had no need to contact Sunfly directly for this information, it
>> is well noted on our terms and conditions that coverage is for KJs
>> for ENTERTAINMENT use - these terms are NOT to be taken lightly.
>> Sunfly is well aware of what and who we provide to and has given us
>> full permission to provide it for this use. So has all our our
>> distributors. If you are using manufacturers who explicitly do not
>> allow or provide this permission, you are not allowed to use their
>> content for this purpose - you can rely on our content to be fully
>> backed for entertainment use. However our songs are not for
>> advertising, broadcasting, resell, or re-distribution unless with
>> FULL permission and explicit agreement directly from the manufacturer
>> - this songs are sold for end-user use ONLY (home or entertainer).
>>
>> cc: Colin
>>
>> Sincerely,
>> Gai Marcos
>> TriceraSoft

good enough? this is Sunfly's response to me.

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PostPosted: Thu Mar 15, 2012 3:02 am 
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That is basically what I was told in a very short e-mail, last night. It's too bad the other manus won't do this for their customers.

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PostPosted: Thu Mar 15, 2012 4:20 am 
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Good enough for me... now I can use the credits I bought last month :)
thank you for posting :)

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PostPosted: Thu Mar 15, 2012 5:43 am 
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I'm pretty sure the Eagles have the financial means to take on Zoom or Sunfly if they chose to, since they have not, I think it's safe to say they're not going to. There is no law that says digital downloads are not legal to use in a KJ show in the U.S. Of course, that would make "media shifting" a non-issue so maybe look to the folks who have a financial interest in making a dollar off that concept.


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PostPosted: Thu Mar 15, 2012 8:13 am 
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But there IS something special about the US. Tricerasoft states on their website that they have SOCAN to cover Canada and MCRPS for the UK. The US has different laws concerning copyright and is not covered by either of those agreements. That is why as of Jan. 2011, the UK manufacturers are not allowed to sell their products to US distributors anymore. Their copyright agreements they are allowed to work under are different from US requirements and don't satisfy them.

Tricerasoft says above that they have full permission from the manus to distribute their products. But that is different from also saying they have full permission from the original copyright holders to distribute. In the US, isn't that required also and isn't that the hang up with the Eagles et al?

I think the download licensing thing for the US is not that there isn't such a thing but that it is so expensive that so far no one has gotten one. If Tricerasoft has done that, they could announce it on their website. Instead they say to make sure the venue pays their ASCAP et al and that will cover things. But ASCAP is for performing rights and not a download license.

I don't work for SC and I don't have an interest in seeing Tricerasoft fail. I see a crunch coming as far as us obtaining new music and I would like to believe that Tricerasoft could be a source but so far using them is not within my comfort level. I have also noted in the past where they assured people they had agreements with a manu and then not only was the material pulled, they berated the customer for bringing it to the manus attention. Granted this was 2008 and maybe there was just a glitch in negotiations or they have straightened out the process but it HAS happened.

http://www.tricerasoft.com/cgi-bin/yabb ... 1219198870


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PostPosted: Thu Mar 15, 2012 12:27 pm 
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I buy Tricerasoft downloads.
I use them in my shows.
I keep my receipts as proof of purchase.
I sleep just fine at night.

...I will let you know when Sunfly or Abraxis come knocking. But I wouldn't hold your breath. :lol:


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PostPosted: Thu Mar 15, 2012 1:02 pm 
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Bazza wrote:
I buy Tricerasoft downloads.
I use them in my shows.
I keep my receipts as proof of purchase.
I sleep just fine at night.

...I will let you know when Sunfly or Abraxis come knocking. But I wouldn't hold your breath. :lol:

It wouldn't be Sunfly, Abraxa or any of the other UK brands that ok for download that would come - they already authorized for download & use on computer, it would be ASCAP/BMI/SESAC or reps of the artists themselves that didn't authorize for US use. However if your club is paying their PR fees, chances are probably slim to none anybody is going to come in that case too!

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PostPosted: Thu Mar 15, 2012 2:57 pm 
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They'd have to come rip my tricerasoft downloads.......from my cold dead hand..... :angry: .........just for a moment....ok, I'm happy again.... :D


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PostPosted: Thu Mar 15, 2012 11:23 pm 
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Bazza wrote:
Paradigm Karaoke wrote:
@Harrington

"As stated, downloads are not original mfrs. product."

is this true?


Of course it's not.

This is only true in "Joe's World" as he is under the incorrect assumption that downloading something changes it from the original.


Wow. I know we disagree on many things, but I have always given you more credit than this:

1) The "Joe's World" bit added nothing- why not just state an opinion?

2) So you are stating that a download, which is a reproduction of a track that STAYS IN THE MFRS. POSSESSION is an original? Forget legalities, how about a bit of common sense? A disc may be a copy of a master, but it is manufactured under the QC of the factory. A download doesn't exist until a file is created by a consumer with absolutely no factory QC. Even you would agree that something downloaded incorrectly is a variation, and with no QC, the factory has no responsibility for the consumer copy.

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PostPosted: Thu Mar 15, 2012 11:33 pm 
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Paradigm Karaoke wrote:
ok, i sent a request to Sunfly directly for verification on this and the request was sent to Tricerasoft BY SUNFLY to respond, i have permission from Gai at Tricerasoft to repost this e-mail.


Most of the people passing these rumours are people either working for
the competitors or have vested interest to take business away from us -
we have tried on many occassions to explain to everyone on the forum how
licensing works, dispelling all rumours, and making them understand that
there is nothing special about just the USA and that there is no such
thing as "commercial use" for entertainers, it is simply a permission
from the manufacturer to use the content for entertainment purposes and
it works exactly like the rest of the world (EXACTLY). I prefer not
posting anything anymore on the forums because it serves no purpose,
infact it just stirs them up even more to come up with new conspiracy
theories but you are welcome to post the reply if you believe it will
help someone, they are welcome to do the same as you have and actually
ask (which most prefer to complain and make up theories before bothering
to ask) - I guarantee you will see someone working for the competitor
immediately say something nasty even though you can clearly see the
proof that we work closely with our manufacturers, have tight
relationships with full permissions, and undertand that we pay our
licensing. Our manufacturers all identify our receipts and they will
never question or accuse you if you have proof of purchase.

Regards,
Gai Marcos
TriceraSoft

Bill Forrest wrote:

> Hi Gai:
> i understand all of that, my main reason for going direct to
> Sunfly was actually to get a few off my back as i have been using many
> downloaded tracks from you. on several forums as Tricerasoft has
> stated the terms, many do not believe it and so i was looking to post
> an email from Sunfly verifying what the terms state to get them to
> back off of everyone using your service and perhaps even get you more.
> many are still of the thought that downloads can not be licensed in
> the U.S. for commercial use so anyone using downloads is instantly
> jumped on as being pirates and using illegal materials.
>
> thank you for responding to me (it is obvious that you are tight with
> Sunfly if they went to you to respond to this inquiry)
>
> may i post this e-mail response from you on the Karaoke Scene forum to
> back up the information?
>
> Thank you:
> Bill Forrest
>
> On 03/14/2012 04:10 AM, TriceraSoft Support wrote:
>
>> Bill,
>>
>> You had no need to contact Sunfly directly for this information, it
>> is well noted on our terms and conditions that coverage is for KJs
>> for ENTERTAINMENT use - these terms are NOT to be taken lightly.
>> Sunfly is well aware of what and who we provide to and has given us
>> full permission to provide it for this use. So has all our our
>> distributors. If you are using manufacturers who explicitly do not
>> allow or provide this permission, you are not allowed to use their
>> content for this purpose - you can rely on our content to be fully
>> backed for entertainment use. However our songs are not for
>> advertising, broadcasting, resell, or re-distribution unless with
>> FULL permission and explicit agreement directly from the manufacturer
>> - this songs are sold for end-user use ONLY (home or entertainer).
>>
>> cc: Colin
>>
>> Sincerely,
>> Gai Marcos
>> TriceraSoft

good enough? this is Sunfly's response to me.


Nope. 1)Sunfly is licensed for UK based shows, not U.S.

2)>> - this songs are sold for end-user use ONLY (home or entertainer

3) When Tricerasoft provides text documents with each track stating that their tracks are licensed for U.S. based shows they will then be assuming the responsibilty. Until that happens, it ain't so.

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PostPosted: Thu Mar 15, 2012 11:33 pm 
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Last edited by JoeChartreuse on Fri Mar 16, 2012 11:59 am, edited 1 time in total.

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PostPosted: Fri Mar 16, 2012 12:50 am 
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JoeChartreuse wrote:
Paradigm Karaoke wrote:
ok, i sent a request to Sunfly directly for verification on this and the request was sent to Tricerasoft BY SUNFLY to respond, i have permission from Gai at Tricerasoft to repost this e-mail.


Most of the people passing these rumours are people either working for
the competitors or have vested interest to take business away from us -
we have tried on many occassions to explain to everyone on the forum how
licensing works, dispelling all rumours, and making them understand that
there is nothing special about just the USA and that there is no such
thing as "commercial use" for entertainers, it is simply a permission
from the manufacturer to use the content for entertainment purposes and
it works exactly like the rest of the world (EXACTLY). I prefer not
posting anything anymore on the forums because it serves no purpose,
infact it just stirs them up even more to come up with new conspiracy
theories but you are welcome to post the reply if you believe it will
help someone, they are welcome to do the same as you have and actually
ask (which most prefer to complain and make up theories before bothering
to ask) - I guarantee you will see someone working for the competitor
immediately say something nasty even though you can clearly see the
proof that we work closely with our manufacturers, have tight
relationships with full permissions, and undertand that we pay our
licensing. Our manufacturers all identify our receipts and they will
never question or accuse you if you have proof of purchase.

Regards,
Gai Marcos
TriceraSoft

Bill Forrest wrote:

> Hi Gai:
> i understand all of that, my main reason for going direct to
> Sunfly was actually to get a few off my back as i have been using many
> downloaded tracks from you. on several forums as Tricerasoft has
> stated the terms, many do not believe it and so i was looking to post
> an email from Sunfly verifying what the terms state to get them to
> back off of everyone using your service and perhaps even get you more.
> many are still of the thought that downloads can not be licensed in
> the U.S. for commercial use so anyone using downloads is instantly
> jumped on as being pirates and using illegal materials.
>
> thank you for responding to me (it is obvious that you are tight with
> Sunfly if they went to you to respond to this inquiry)
>
> may i post this e-mail response from you on the Karaoke Scene forum to
> back up the information?
>
> Thank you:
> Bill Forrest
>
> On 03/14/2012 04:10 AM, TriceraSoft Support wrote:
>
>> Bill,
>>
>> You had no need to contact Sunfly directly for this information, it
>> is well noted on our terms and conditions that coverage is for KJs
>> for ENTERTAINMENT use - these terms are NOT to be taken lightly.
>> Sunfly is well aware of what and who we provide to and has given us
>> full permission to provide it for this use. So has all our our
>> distributors. If you are using manufacturers who explicitly do not
>> allow or provide this permission, you are not allowed to use their
>> content for this purpose - you can rely on our content to be fully
>> backed for entertainment use. However our songs are not for
>> advertising, broadcasting, resell, or re-distribution unless with
>> FULL permission and explicit agreement directly from the manufacturer
>> - this songs are sold for end-user use ONLY (home or entertainer).
>>
>> cc: Colin
>>
>> Sincerely,
>> Gai Marcos
>> TriceraSoft

good enough? this is Sunfly's response to me.


Nope. 1)Sunfly is licensed for UK based shows, not U.S.

2)>> - this songs are sold for end-user use ONLY (home or entertainer

3) When Tricerasoft provides text documents with each track stating that their tracks are licensed for U.S. based shows they will then be assuming the responsibilty. Until that happens, it ain't so.

I asked them, point blank and they told me that they are for KJs too. There is no issue, there is no problem. We can use them for our shows. They ARE licensed for the enter world.

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PostPosted: Fri Mar 16, 2012 6:32 am 
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THIS IS THE 5TH TIME WE HAVE HAD THIS DISCOURSE. PLEASE PAY ATTENTION.

JoeChartreuse wrote:
1) The "Joe's World" bit added nothing- why not just state an opinion?


Because it's true. You have created rules that only apply in your world.

JoeChartreuse wrote:
2) So you are stating that a download, which is a reproduction of a track that STAYS IN THE MFRS. POSSESSION is an original?


A download is a copy of an original master, just like your hard CD is a copy of it's master.

The fact that the delivery method is different does not matter one bit.


JoeChartreuse wrote:
Forget legalities, how about a bit of common sense? A disc may be a copy of a master, but it is manufactured under the QC of the factory.


This is where your "common sense" logic always breaks down. You believe that products MUST be manufactured in a factory in order to be legitimate. This is crazy talk.

Stephen King wrote and released an entire novel digitally. There was no printing press manufacturing this book. Is it not a product then? Of course it is.

Are songs downloaded via iTunes lacking some intrinsic factory quality control or somehow not actual products? No. They are exactly the same for everyone who buys one.

It's like an Amish man arguing that a car cannot be considered transportation because there is no horse involved. :lol:

JoeChartreuse wrote:
A download doesn't exist until a file is created by a consumer with absolutely no factory QC.


Your obsession with "Factory Quality Control" is baffling and pointless. A download is a transfer, not a creation. The consumer isn't creating anything, they are transferring the file from the source to their machine. And it is 100% exactly the same. The quality control is built-in to the FTP transfer process. (CRC checks, etc)

JoeChartreuse wrote:
Even you would agree that something downloaded incorrectly is a variation, and with no QC, the factory has no responsibility for the consumer copy.


No I would not. First, there is no way to "download something incorrectly". It either transfers completely, or it doesn't. A completed transfer is never a variation. It is an exact duplicate, a copy of the original. Just like your hard CD is a duplicate.

If anything the QC on a download is BETTER, because it is always perfect. You cannot say this about hard CD manufacturing.


Last edited by Bazza on Fri Mar 16, 2012 6:49 am, edited 2 times in total.

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PostPosted: Fri Mar 16, 2012 6:47 am 
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It's been said that there are no legal D/L's in the US but isn't CB's updates downloaded to their Media pro doing just that?

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PostPosted: Fri Mar 16, 2012 6:52 am 
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Lone Wolf wrote:
It's been said that there are no legal D/L's in the US but isn't CB's updates downloaded to their Media pro doing just that?


But there are legal downloads in the US (see above).

Also it's a bit of apples & oranges as when you update, the songs aren't technically yours yet and are still locked.


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PostPosted: Fri Mar 16, 2012 7:14 am 
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Bazza wrote:
Lone Wolf wrote:
It's been said that there are no legal D/L's in the US but isn't CB's updates downloaded to their Media pro doing just that?


But there are legal downloads in the US (see above).

Also it's a bit of apples & oranges as when you update, the songs aren't technically yours yet and are still locked.


I didn't think Tricerasoft was in the US.
Yes you have to unlock the songs but the updates are still sent to you (when the do if they do anymore) via the internet, so you are virtually downloading karaoke.

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PostPosted: Fri Mar 16, 2012 7:51 am 
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Everybody's got their opinion on here.....fortunately, when it comes down to it........."you all ain't the boss of me"..... :P ....or anyone else on here.....thank God.... :lol:


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