|
View unanswered posts | View active topics
Author |
Message |
timberlea
|
Posted: Thu Apr 18, 2013 2:20 am |
|
Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
|
Perhaps not but it appears that judges do, as seen in orders where they order that the Defendants must turn over for destruction all brands on their hard drives.
_________________ You can be strange but not a stranger
Last edited by timberlea on Thu Apr 18, 2013 8:11 am, edited 1 time in total.
|
|
Top |
|
|
Cueball
|
Posted: Thu Apr 18, 2013 4:37 am |
|
Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
|
bazingga wrote: HarringtonLaw wrote: Cue, after that exchange, we reevaluated that policy and changed our position. We do now require deletion of all pirated material, regardless of manufacturer. We have also requested that relief from the courts (and it has been granted on numerous occasions). Who completes the audit of the other manus? Does the court "assume" that the whole drive is pirated without an audit? You know what "assume" spells right? ... just asking HarringtonLaw wrote: doowhatchulike wrote: And I cannot imagine citing this incident, which defies logic, much less the law, would be a wise thing in other states' courtrooms...allowing a company to police the assets of other companies is simply asinine...
We're not policing the assets of other companies. We are merely (a) requiring defendants who settle with us to delete material from their hard drives that they don't own discs for (and if they don't want to do that, they don't have to settle), and (b) getting court orders requiring defendants to show that they have permission from the copyright and trademark owners to conduct a media-shift of that material. As has been pointed out before, taking someone from 120,000 pirated tracks to 102,000 pirated tracks by forcing a defendant to remove the SC tracks doesn't really end the unfair competition. It's been pretty easy to get judges to see the logic there. doowhatchulike wrote: Also, I do not read in this statement where it is designated WHO the one to police such a thing would be...that would make sense since there is no one who is legitimately in a position to do so... Ultimately, the court polices it. Usually, the U.S. Marshals Service gets involved if the defendant doesn't willingly comply. I am curious to know where the proof is that a pirate has now deleted ALL files from his/her/their hard drives which he/she/they do not own an original disc for (and based on the above conversations, this would be all brands, not just SC). With regard to the second part (referring to obtaining written permission to media shift), since there are many manufacturers who have left the Karaoke business, some might still be reachable (such as Pioneer or JVC or DK), while others have gone the way of the wind (such as Music Maestro, BackStage, Performance Tracks, Doctor Music, Standing Ovation, Sound Images, etc). I am assuming that for those who can no longer be reached, the KJ much destroy that material as well (if said KJ does not own the original discs).
|
|
Top |
|
|
The Lone Ranger
|
Posted: Thu Apr 18, 2013 7:50 am |
|
|
Extreme Plus Poster |
|
Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
|
chrisavis wrote: cueball wrote: chrisavis wrote: Cue - I think you know full well that Harrington is referring only to SC material.
-Chris And your point is????????????? I think I clearly pointed out what you said in your comment to me just now. Please note that the series of quotes I gave even show that I was establishing SC is only looking out for SC, and nothing more. The point I was trying to make, is that SC isn't really doing anything to help out the rest of us KJs. All they are doing is taking a pirate to court, and them convincing them to get the GEM series to become legal (in SC's eyes only). Then SC has their case closed against said pirate, and SC claims they have now "LEVELED THE PLAYING FIELD," while they (the pirates) can continue to run their shows using OTHER pirated material. I misunderstood the intent of your post. But now that I do understand it is simple enough to point out that all SC is allowed to enforce is their own material. They can't enforce the rights of the other manufacturers any more than Microsoft can enforce the rights of Apple. We all know that at one point the manufacturers at least spoke to each other about processes and there were joint audits very early on in the process. They then went their separate ways and enacted unique policies. Right or wrong, good or bad, Sound Choice has maintained course and kept pressure on folks about the material they are able to control and enforce. -Chris If Sound Choice is the only manu sticking it's chin out and leading with it, they should not complain when somebody fights back and decks them. The thing I resent the most Chris is they come on holier than thou and the reality of the situation is they have to get dirty if they are ever going to come close to recovering what they have lost. "What does it profit a man to gain the whole world, and lose his immortal soul". Have a blessed day.
|
|
Top |
|
|
timberlea
|
Posted: Thu Apr 18, 2013 8:13 am |
|
Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
|
Cue, they are turn over to SC for destruction and SC has to provide proof to the court, within the number of days set by the judge, that it has been done. That is part of the order made by the judge.
_________________ You can be strange but not a stranger
|
|
Top |
|
|
kjflorida
|
Posted: Thu Apr 18, 2013 9:46 am |
|
|
Advanced Poster |
|
Joined: Wed Jun 29, 2011 12:04 pm Posts: 336 Been Liked: 33 times
|
Cueball,
"With regard to the second part (referring to obtaining written permission to media shift), since there are many manufacturers who have left the Karaoke business, some might still be reachable (such as Pioneer or JVC or DK), while others have gone the way of the wind (such as Music Maestro, BackStage, Performance Tracks, Doctor Music, Standing Ovation, Sound Images, etc). I am assuming that for those who can no longer be reached, the KJ much destroy that material as well (if said KJ does not own the original discs)."
Any manufacture that is unreachable or unwilling to give permission can not be used digitally even if the KJ owns those discs. The courts are ordering all "HD's or "other digital media" to be turned over to SC within a set time period for erasure or destruction. The enjoined KJ's can still operate from original media that they own using a disc player and can use digital files from companies that the receive written permission from ..
|
|
Top |
|
|
The Lone Ranger
|
Posted: Thu Apr 18, 2013 2:32 pm |
|
|
Extreme Plus Poster |
|
Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
|
kjflorida wrote: Cueball,
"With regard to the second part (referring to obtaining written permission to media shift), since there are many manufacturers who have left the Karaoke business, some might still be reachable (such as Pioneer or JVC or DK), while others have gone the way of the wind (such as Music Maestro, BackStage, Performance Tracks, Doctor Music, Standing Ovation, Sound Images, etc). I am assuming that for those who can no longer be reached, the KJ much destroy that material as well (if said KJ does not own the original discs)."
Any manufacture that is unreachable or unwilling to give permission can not be used digitally even if the KJ owns those discs. The courts are ordering all "HD's or "other digital media" to be turned over to SC within a set time period for erasure or destruction. The enjoined KJ's can still operate from original media that they own using a disc player and can use digital files from companies that the receive written permission from .. So legally using the SC product opens the door as Perry Mason used to say, and allows the destruction of other materials in a hosts library, another reason not to use the SC product at all. Have a blessed day.
|
|
Top |
|
|
Paradigm Karaoke
|
Posted: Thu Apr 18, 2013 2:54 pm |
|
Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
|
wait a minute............... so because no other company is doing this, SC is going to make you stop using a hard drive altogether? no other company is playing this game, i cant get a book full of certificates to shift when no other company is doing it.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
|
|
Top |
|
|
Lonman
|
Posted: Thu Apr 18, 2013 2:58 pm |
|
Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
|
I believe they are referring to illegal drives (no disc or download receipts) to begin with. Not those who have shifted their legitimate discs to HD.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
|
|
Top |
|
|
Cueball
|
Posted: Thu Apr 18, 2013 3:40 pm |
|
Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
|
The Lone Ranger wrote: So legally using the SC product opens the door as Perry Mason used to say, and allows the destruction of other materials in a hosts library, another reason not to use the SC product at all. Have a blessed day. And why is that a bad thing. It only opens the door to the Pirates. The only ones who would be effected by that would be the KJs who couldn't prove they were 1:1 with SC material. Logic dictates that if you're using an illegally obtained library of SC goods, it is highly likely that the rest of your library was obtained through the same means. If the KJ can show 1:1 on his/her SC material, then SC can't push for the rest (because they have no authority to do so). You would pay for your Audit, and get your Certificate, and/or pay for a GEM Series (if you wanted to get it). That would be the end of it.
|
|
Top |
|
|
chrisavis
|
Posted: Thu Apr 18, 2013 3:46 pm |
|
Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
|
The Lone Ranger wrote: So legally using the SC product opens the door as Perry Mason used to say, and allows the destruction of other materials in a hosts library, another reason not to use the SC product at all. Have a blessed day. No. Legally using the product doesn't expose you to anything. Playing from Sound Choice discs - Golden Media shift, pro-actively get an audit - Golden Media shift, get sued, prove you have all your discs, work it out with Sound Choice - Still Golden It's when Sound Choice comes after you and you don't have the Sound Choice discs to prove you are 1:1 that you run the risk of having to delete everything. In which case you are pirating and should suffer the consequences. And ANY reasonable person knows this.Yet you want to try to scare people away from Sound Choice when there is absolutely nothing to be scared of. Seriously, I don't know why you constantly want to make everything about Sound Choice sound as badly as possible. None of this impacts you. None of this even concerns you. You don't use even use their product. You have given no indication that Sound Choice ever did anything bad to you. In another thread you admitted you have suffered no ill effect from Sound Choice actions in your area. If none of this has any impact on you what-so-ever, why do you comment on it at all? I am thinking back on all of your anti-Sound Choice rhetoric and I can't come up with any reason at all why you even have an opinion about it. Do you feel like you are protecting unsuspecting karaoke hosts from Sound Choice? Do you think you are benefitting the karaoke community at large by denouncing any and all things Sound Choice? That you are making a positive contribution to the community via these forums? Or do you just want to see Sound Choice fail? If Sound Choice folds today, what impact does it have on you? (None!) If Sound Choice stops suing and stops asking for audits, what impact does it have on you? (None!) If Sound Choice starts producing 1 disc a month or 10 discs a month, what impact does it have on you, (None!). You have nothing better to do than to comment on something that has ABSOLUTELY NO IMPACT ON YOU for the sole reason of stirring the pot. You are the very definition of a troll. http://en.wikipedia.org/wiki/Troll_(Internet) -Chris
_________________ -Chris
|
|
Top |
|
|
Lone Wolf
|
Posted: Thu Apr 18, 2013 4:45 pm |
|
Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
|
timberlea wrote: Lone, you also understand that the IRS, or here in Canada the Canadian Revenue Agency, can audit you anytime they wish and need absolutely no reason to do so. And yes, you pay for audits through your and other people's taxes. I can pretty well guarantee that even a simple tax audit will cost more than $150. A penalty isn't for the audit cost, a penalty is in fact a fine and I daresay will more than likely be higher than the cost of the audit. Wow you sure seem to know a lot about our IRS system.... Again I do not believe that I personally pay for anyone's audit as the taxes I pay, (here we go again) wouldn't even pay for the electricity you use to post such nonsense here. You don't know me or how much I pay in taxes, so don't say I pay for anyone's audit. Yes I know the IRS can audit me at anytime they want but it would be a waste of time, money and resources. NO an IRS audit costs exactly $O.00 if you are in the right!!! Can SC say the same?....UH NO as if you are sued they charge you $500. One other thing. When referring to on PLEASE use the whole name as there are a few of us whose name starts with LONE!!!!!
_________________ 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 |
|
|
timberlea
|
Posted: Thu Apr 18, 2013 6:51 pm |
|
Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
|
First of all taxes pay for the IRS and as someone said before the only things of certainty in life is death and taxes. So there is a cost. If you get audited the other costs incurred are usually an accountant and a lawyer, which the government will not pay for, even if you do win. Of course if you want to take on the IRS alone, then good luck you will need it. But then again some people live in a fantasy world or don't know how the world works.
_________________ You can be strange but not a stranger
|
|
Top |
|
|
MrBoo
|
Posted: Fri Apr 19, 2013 3:58 am |
|
Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
|
Most "audits" by the IRS are done without a person even knowing. At worst, the IRS may ask you to email them some paperwork that doesn't show up in their records unless there is something major. They really don't care about the small stuff. They aren't going to waste a bunch of time tracking down a $500 donation claim. No lawyers, no accountants and most times no clients. Just a simple review of records they can easily get to without even asking.
|
|
Top |
|
|
The Lone Ranger
|
Posted: Fri Apr 19, 2013 4:41 am |
|
|
Extreme Plus Poster |
|
Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
|
cueball wrote: The Lone Ranger wrote: So legally using the SC product opens the door as Perry Mason used to say, and allows the destruction of other materials in a hosts library, another reason not to use the SC product at all. Have a blessed day. And why is that a bad thing. It only opens the door to the Pirates. The only ones who would be effected by that would be the KJs who couldn't prove they were 1:1 with SC material. Logic dictates that if you're using an illegally obtained library of SC goods, it is highly likely that the rest of your library was obtained through the same means. If the KJ can show 1:1 on his/her SC material, then SC can't push for the rest (because they have no authority to do so). You would pay for your Audit, and get your Certificate, and/or pay for a GEM Series (if you wanted to get it). That would be the end of it. You know and I know cue that for any number of reasons the original discs could be lost, stolen or destroyed, and yet a copy could exist somewhere in the host's library. Some of these tracks are no longer in production and if you want to use the song in your show you couldn't lacking an original copy. What starts this whole ball rolling is SC, it opens the door for not only their product but any other product you might have. The original need for the discs as a tool of the trade has been supplanted by the need to back up your library to avoid legal action. Currently the only manu pushing this legal solution is SC. That is it, and that is why it is important to find another way to solve this problem, the current fix is not working, and will never be fully implemented no matter what SC does. Have a blessed day.
|
|
Top |
|
|
The Lone Ranger
|
Posted: Fri Apr 19, 2013 4:55 am |
|
|
Extreme Plus Poster |
|
Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
|
chrisavis wrote: The Lone Ranger wrote: So legally using the SC product opens the door as Perry Mason used to say, and allows the destruction of other materials in a hosts library, another reason not to use the SC product at all. Have a blessed day. No. Legally using the product doesn't expose you to anything. Playing from Sound Choice discs - Golden Media shift, pro-actively get an audit - Golden Media shift, get sued, prove you have all your discs, work it out with Sound Choice - Still Golden It's when Sound Choice comes after you and you don't have the Sound Choice discs to prove you are 1:1 that you run the risk of having to delete everything. In which case you are pirating and should suffer the consequences. And ANY reasonable person knows this.Yet you want to try to scare people away from Sound Choice when there is absolutely nothing to be scared of. Seriously, I don't know why you constantly want to make everything about Sound Choice sound as badly as possible. None of this impacts you. None of this even concerns you. You don't use even use their product. You have given no indication that Sound Choice ever did anything bad to you. In another thread you admitted you have suffered no ill effect from Sound Choice actions in your area. If none of this has any impact on you what-so-ever, why do you comment on it at all? I am thinking back on all of your anti-Sound Choice rhetoric and I can't come up with any reason at all why you even have an opinion about it. Do you feel like you are protecting unsuspecting karaoke hosts from Sound Choice? Do you think you are benefitting the karaoke community at large by denouncing any and all things Sound Choice? That you are making a positive contribution to the community via these forums? Or do you just want to see Sound Choice fail? If Sound Choice folds today, what impact does it have on you? (None!) If Sound Choice stops suing and stops asking for audits, what impact does it have on you? (None!) If Sound Choice starts producing 1 disc a month or 10 discs a month, what impact does it have on you, (None!). You have nothing better to do than to comment on something that has ABSOLUTELY NO IMPACT ON YOU for the sole reason of stirring the pot. You are the very definition of a troll. http://en.wikipedia.org/wiki/Troll_(Internet) -Chris If something is wrong and you don't say it is wrong Chris, legally your silence means you support the current legal process of SC. It sounds bad because SC has done some things that call into question their judgement as far as applying this legal process of theirs. It was a mistake that even Insane admits, as far as hiring APS to be the sole legal representative for SC's interests. Currently no other manus are requiring a host to have to prove anything. Why not then use the other products and avoid any unpleasant encounters with James? James admits that there is no problem if you don't use SC, if that is the case then it is a business decision whether to use or not use. What I don't like is this idea to use is to abuse, that a host has to prove his or her legality, that the burden of the proof is on the accused and not the accuser. As far as stirring the pot goes isn't that what James, Insane and the other certified hosts do. They all have their own reasons for doing so. I think it is important to look at both sides of an issue. The pirates aren't right and SC's solution to the problem, leaves a lot to be desired. Two wrongs don't make a right. Have a blessed day.
|
|
Top |
|
|
chrisavis
|
Posted: Fri Apr 19, 2013 9:39 am |
|
Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
|
The Lone Ranger wrote: If something is wrong and you don't say it is wrong Chris, legally your silence means you support the current legal process of SC. Do you really think anyone will accidentally thing you are Pro-SC because you skip commenting on a post? Are you telling me that the silence of the other 17,000+ members of this forum means they all support SC? If so, then pack your bags because the cheerleaders win. A lot more people supporting SC through their silence then the few that keep tossing troll bombs. Of course I believe most everyone seems to understand that silence does not equal agreement or support. Silence also means "not interested", "no comment", "I don't care", "doesn't involve me", "nothing relevant to add", "what? and miss my Seinfeld re-runs!?!?", "I don't read the legal threads", "I haven't logged on in forever" and so on. The Lone Ranger wrote: What I don't like is this idea to use is to abuse, that a host has to prove his or her legality, that the burden of the proof is on the accused and not the accuser. The burden of proof is and always has been with Sound Choice. But the host must be involved. For SC to determine if the host is 1:1 compliant, they have 2 options; 1) ask the host to produce discs voluntarily to demonstrate 1:1; or 2) file suit to compel them to produce discs to demonstrate 1:1 The host MUST be involved. There is no amount of ranting by you or anyone in any forum that is going to change this. The Lone Ranger wrote: As far as stirring the pot goes isn't that what James, Insane and the other certified hosts do. They all have their own reasons for doing so. I think it is important to look at both sides of an issue. If you haven't been paying attention, the true cheerleaders have all but abandoned KaraokeScene. -Chris
_________________ -Chris
|
|
Top |
|
|
Lone Wolf
|
Posted: Fri Apr 19, 2013 10:04 am |
|
Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
|
MrBoo wrote: Most "audits" by the IRS are done without a person even knowing. At worst, the IRS may ask you to email them some paperwork that doesn't show up in their records unless there is something major. They really don't care about the small stuff. They aren't going to waste a bunch of time tracking down a $500 donation claim. No lawyers, no accountants and most times no clients. Just a simple review of records they can easily get to without even asking. Thanks MrBoo yep this is the way most audits are done by the IRS but old Mr. Canada seems to think that he knows all about us south of the border. I'm pretty sure that someone here has mentioned that they have been audited by the IRS a couple of times. Don't remember just who but it could have been Joe, maybe he will chime in on this and again what I pay in taxes wouldn't pay for one bottle of booze that some of our congressmen drink. So I'm sure that it don't pay for anyone's audits.
_________________ 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 |
|
|
Paradigm Karaoke
|
Posted: Fri Apr 19, 2013 3:58 pm |
|
Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
|
chrisavis wrote: The burden of proof is and always has been with Sound Choice. But the host must be involved. -Chris one correction Chris, the burden of proof is on the host, not SC. in civil cases the defendant must prove they did not do what they are being accused of. SC makes a claim of infringement and the host must prove otherwise.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
|
|
Top |
|
|
JimHarrington
|
Posted: Fri Apr 19, 2013 4:19 pm |
|
|
Extreme Poster |
|
Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
|
Paradigm Karaoke wrote: chrisavis wrote: The burden of proof is and always has been with Sound Choice. But the host must be involved. -Chris one correction Chris, the burden of proof is on the host, not SC. in civil cases the defendant must prove they did not do what they are being accused of. SC makes a claim of infringement and the host must prove otherwise. This is not accurate. SC has the burden of proof. The host is required to provide access to us to inspect his systems and discs.
|
|
Top |
|
|
timberlea
|
Posted: Fri Apr 19, 2013 5:35 pm |
|
Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
|
Well if an original disc is lost, stolen, sold, or destroyed, then you no longer own it, just like anything else you own that got lost, stolen, sold, or destroyed. You no longer own it.
_________________ You can be strange but not a stranger
|
|
Top |
|
|
Who is online |
Users browsing this forum: No registered users and 120 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
|
|