Karaoke Forums

McClure, a disc based host, named again in new lawsuit?

He was named in the 2011 lawsuit as well.

http://www.rfcexpress.com/lawsuits/copy ... -/summary/

McClure speaks, and shows his discs to local Knoxville reporter. You be the judge.

http://www.wate.com/story/22720066/djs- ... ar-lawsuit

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-- Mark

Well, that doesn't give one the impression that investigations are being done right. It looks like PRLLC is just going after anyone they can get their hands on. That will become a Public Relations nightmare before long. It will also hurt the whole lawsuit process if innocent people start getting named en masse.

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I am the ONLY SANE 1 HERE

watched the news cast and McClure did not say he was playing from disc. From singers I personally know in that area he is computer based. I think the point he was trying to make is that no-one asked him to show his disc.
On a side note .....He must have a very small library if the discs he showed were all he has.

DigiTrax posted a blog entry on this...... I have a comment in moderation.

http://karaokecloud.wordpress.com/2013/ ... omment-260

"It seems to me the deck is stacked in favor of the accusers right now –

Me: I would like to proactively prove to you that I own the content I use.
Piracy Recovery: We have no process for this.
Me: So I have to wait till you sue me before I can prove it to you?
Piracy Recovery: …….

I watched the news article and I am interested in knowing how karaoke hosts can pro-actively work with DigiTrax, Piracy Recovery and World Wide Digital Entertainment to ensure they are not named in a lawsuit. As a computer based karaoke host, no one will ever see discs at any of the 3 karaoke venues where I work. Yet I have 7000 discs, a Sound Choice GEM compilation, and not just one, but two of the Chartbuster 12000+ drives that were sold before CB went out of business. But there is currently no method for me to collaborate with any of the interested parties to ensure that they know I have all of my original discs.

Sound Choice has suffered a public relations black eye due to their lawsuit methodology. In part because they sued a small number of hosts that were later found out to be perfectly legitimate. I hope the entities named above are taking more stringent steps to help ensure that doesn’t happen in the future.

Chartbuster has been gone for over a year now and we still don’t have a certification program to replace the old one. There is no way for me to proactively demonstrate to interested parties that my Chartbuster content is valid. While I am confident I can prove I own all of the content I use in my karaoke shows, I want the aforementioned groups to know this BEFORE they investigate my shows. I won’t take very kindly to being “investigated” and then sued when I have tried to reach out beforehand to prove I am a legitimate host – and no one else should either."

-Chris

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-Chris

I did not here the term "media shift" or otherwise in relationship to this suit. Granted, I have not read the actual complaint but the story made it appear they were only suing for PIRACY. Doesn't BIG MAMA have a harder go at this than Sound Choice since they allowed downloads and sold digital copies of their works? Are they going to "hope" that a named KJ allows them to go fishing in discovery to find out after they're named in a suit. What am I missing?

the lawsuit documents specify unauthorized "digital use". I think they do need a certification program to allow hosts to be proactive.

had this beef from the first lawsuit they put out.
can anyone think of another answer from them except "we do not offer an audit method because we do not allow any copies of our material at all so every host playing CB is unauthorized and will be sued"?
i said this in an earlier thread about this, there is no way to contact PRLLC (they only exist on paper it seems, no phone, no e-mail, no website, no address besides a po box) so unless they are not allowing any digital use of the CB logo, how can they sue a host? it appears that every host, even the ones that got CB cxertified (the certs expired after a year) is illegal. that includes Athena, KJFlorida, Insane, etc.

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Paradigm Karaoke, The New Standard.......Shift Happens

How does this apply to those that bought their MP3+G products like their USB Thumb Drives and Hard Drives?

CB sold products that they specifically created to be used by computer based hosts. How are they differentiating between hosts with authorized MP3+G material, hosts that media-shifted, and real pirates? There were no restrictions placed on the resale of the MP3+G materials either, so it is very possible for this original media to change hands and not match their original sales records.

Anyone could sell their MP3+G media and keep copies, but the powers that be don't have any process in place to find out.

-Chris

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-Chris

While it is true that our certification has expired, we do have the certification giving us permission to shift prior to CB leaving the business and if we were ever named could show we are 1-1 in discovery. While I do want PR to implement an audit program so that we (and any other KJ )can be proactive this amount of risk is acceptable to both myself and Athena. It is up to each KJ to decide what is an acceptable level of risk for themselves.

From what I have read on this forum, there is not a single manufacturer that has not supported, catered to, encouraged, and even endorsed the KJ industry. If at any point in these proceedings it is determined that this support was given in bad faith, it could open up a Pandora's Box big enough for all you guys to get comfortable in...

and there in lies the big "IF" .Per our IP attorney the copyright notice on the discsand the lack of permission given to copy aka mediashift is why Federal law has fallen in favor of the manufacturers

But it appears that you must go back a step and call into question whether or not it is legal to accept payoffs for turning a blind eye for something that is arguably not their right to give...

key word "arguably"

I think I will continue to follow the decisions of the Federal judges in my area.

Off to set up 2 shows and run 1.

McClure may not have said anything in that news cast about using CDGs, or maybe he did (and it was edited out... like they NEVER edit the news). But, McClure did show Channel 6 News the actual legitimate CDG with the song in question (and there was a quick pan over to his discs in binders).

Well according to several folks on this forum, it's no big deal to be sued, happens to Walmart, Chevrolet, etc. so don't worry about it. They'll clear it all up at your trial.

Hello Cueball...waves

You are correct in the newscast he did not refer to discs...and yes they did pan to binders of discs. The thread however implied he was a disc based host and he was sued. If he does have all his discs that will come out in discovery and he should be dropped from the lawsuit.

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

Hmmm....from what I have been able to ascertain from reading decisions at these trials, I am not convinced that the actual legality of the whole digital karaoke thing has been argued, only that awards were given in respect to what a defendant did not have in 1:1 correspondence.

Well all of my Chartbuster songs were bought on SD media cards directly from Chartbuster. When they were having their pre bankruptcy fire sales in March. So I bought mp3 files directly from Chartbuster. So I have not media shifted anything that I purchased. I have no problem using media that I purchased from them in good faith.

I have more Chartbuster content than any other brand mostly because of the CB12000+ drives I purchased. I use the drive content to run all of the gigs I have right now. To the best of my knowledge, there in nothing visually on screen that distinguishes that content from CB content that was ripped from a disc.

Sound Choice knows exactly owns a GEM set.
CB knew who most of the people were that they sold CB drives to, but there were no restrictions on resale.

So exactly how can the folks managing the CB rights effectively determine that a computer based KJ is a suspected pirate without some sort of pre-lawsuit discovery?

-Chris

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-Chris

I will avoid being named by PRLLC by NOT BUYING ANY CB!!

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I am the ONLY SANE 1 HERE