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PostPosted: Tue Sep 04, 2012 8:46 pm 
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It is commonplace and perfectly legal for the owner of a debt to sell or transfer that ownership to a third party. It happens all of the time. And when it happens, the new owner of the debt should have and be able to provide proof of ownership prior to collecting payment. Asking for this proof is the prudent thing to do in a world where so many flim-flam artists exist to take advantage of those who don’t know any better. There is no penalty for non-payment to someone who can’t prove they are owed.

I find this statement more interesting than the whole should I make the check out to Digitrax, Chartbuster, or CAVS thing:

darbykplace wrote:
SC and I settled recently in Ohio. My case has no confidentiality agreement and I did receive authorization for public performance as well as a covenant not to sue in the future.

listening to everyone's opinion, I feel better about paying off the balance to Digitrax without an agreement. I finally just received an invoice from Digitrax, which at least shows the basic details of the transaction.

thanks again to everyone for your input.
Columbus Ohio K J


I fear you have misunderstood your agreement with Soundchoice.
They don’t have the right to offer you authorization for public performance.

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PostPosted: Tue Sep 04, 2012 11:37 pm 
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I beg to differ Earthling...they can and do have the right to offer you authorization for public performance of their trademark :D

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PostPosted: Wed Sep 05, 2012 2:02 am 
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It does seem to me just as allegedly one cannot remove the logo from the tracks that one cannot give permission to display said logo without the displaying of the corresponding track, which many believe cannot be given permission for public performance by its producer.....


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PostPosted: Wed Sep 05, 2012 4:04 am 
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doowhatchulike wrote:
It does seem to me just as allegedly one cannot remove the logo from the tracks that one cannot give permission to display said logo without the displaying of the corresponding track, which many believe cannot be given permission for public performance by its producer.....


That would depend entirely (I believe) on whether or not the logo is considered "functional" as integral component of the playback. While it does show up, it can be removed without affecting the functionality of a karaoke track - the sweeps don't change, the audio doesn't change, etc...

Just like an automobile: you can hammer off the logos, fill in or sand out a name molded in the bodywork but it does not affect the operation or the emmissions of the vehicle in any way.


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PostPosted: Wed Sep 05, 2012 7:00 am 
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wow REALLY...just remember "cropping" has been deemed an actionable offense and at least one case has been ruled on making it a "willful" offense and had penalties added for "trade dress" :argue:

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PostPosted: Wed Sep 05, 2012 8:41 am 
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c. staley wrote:
Just like an automobile: you can hammer off the logos, fill in or sand out a name molded in the bodywork but it does not affect the operation or the emmissions of the vehicle in any way.

Doesn't affect the make or model of said auto either., even if you slapped on a different logo.

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PostPosted: Wed Sep 05, 2012 9:05 am 
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kjathena wrote:
wow REALLY...just remember "cropping" has been deemed an actionable offense and at least one case has been ruled on making it a "willful" offense and had penalties added for "trade dress" :argue:


That's funny because the few "free" songs I pulled on Digitrax made a concerted effort to start\show lyrics of the song after the logo. I noticed it straight away. Only pulled up a few and didn't play any to the end as I was just "browsing" so I don't know if they do the same thing on the tail end as well.


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PostPosted: Wed Sep 05, 2012 9:10 am 
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Quote:
That would depend entirely (I believe) on whether or not the logo is considered "functional" as integral component of the playback. While it does show up, it can be removed without affecting the functionality of a karaoke track - the sweeps don't change, the audio doesn't change, etc...

Just like an automobile: you can hammer off the logos, fill in or sand out a name molded in the bodywork but it does not affect the operation or the emmissions of the vehicle in any way.


Well Chip is confusing consumable items to IP. There are different regulations involved. Even those who put a Rolls hood on a Bug are not trying to fool people into thinking the car is a Rolls. I wonder if Microsoft or Apple would idly stand by if you removed their logos from their software and have them used publicly?

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PostPosted: Wed Sep 05, 2012 9:12 am 
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not sure I understand what you are trying to say MrBoo.....why wouldn't Digitrax logo show before the lyrics swipes on tracks they now own the rights to?

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PostPosted: Wed Sep 05, 2012 9:27 am 
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I'm talking about the Chart Buster logo. It looked like they were by-passing the song logo in what seems like an effort to avoid "Trade Mark confusion".


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PostPosted: Wed Sep 05, 2012 9:42 am 
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They dont need to by-pass the logo....they own the rights to the CB library. I dont remember much about using the consumer "Cloud" products...didnt they replace the CB logo with a logo of their own ?

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PostPosted: Wed Sep 05, 2012 9:43 am 
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I think Mrboo is confused by the rebranding, which can happen when one company takes over another. In rebranding, the old (in this case CB) is removed and the new (Digitrax) is inserted. All quite legal.

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PostPosted: Wed Sep 05, 2012 9:45 am 
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I'm not sure. I've spent all of about 20 minutes there. Aren't they planning to provide songs from all sorts of vendors? Wonder what they do with those?


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PostPosted: Wed Sep 05, 2012 10:13 am 
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They don't show any logo or opening screen. They may on the purchased product (download for home use).

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PostPosted: Wed Sep 05, 2012 10:18 am 
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if the owners of those tracks license the track for them to offer them on "the Cloud" then it is allowed. I think they will have different brands and they will most likley show the proper logo before each song. As I understand it...there is no "Cloud Pro" yet only a home use product that is set to be rolled out....I dont think the final product has been released (still in Beta testing I think)

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PostPosted: Wed Sep 05, 2012 12:11 pm 
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kjathena wrote:
if the owners of those tracks license the track for them to offer them on "the Cloud" then it is allowed. I think they will have different brands and they will most likley show the proper logo before each song. As I understand it...there is no "Cloud Pro" yet only a home use product that is set to be rolled out....I dont think the final product has been released (still in Beta testing I think)


And you're sure, positive, that these songs put out by digitrax are 100% licensed from the publisher?

How would you know or are you just supposed to "trust them?"


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PostPosted: Wed Sep 05, 2012 12:57 pm 
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Can anyone say "alleged loophole"??? They have found them untold times before...what's one more???


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PostPosted: Wed Sep 05, 2012 3:05 pm 
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not a loophole at all...if I own the rights for "mighty cat" and I allow you to use "mighty cat" on your product...it is a very different thing than if you use "mighty cat" without permission ( or permission from anyone else)....

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PostPosted: Wed Sep 05, 2012 4:00 pm 
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Sorry...that seems to me to be an oversimplification of the potential issue at hand. If digital download was not ever really broached by most of these guys, i doubt seriously that download by subscription was...until shown otherwise one can only assume it is a loophole...


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PostPosted: Wed Sep 05, 2012 4:17 pm 
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duplicate post sorry

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Last edited by kjathena on Wed Sep 05, 2012 4:22 pm, edited 1 time in total.

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