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I can point (and have pointed to) numerous ways we have changed our approach to this project as we gained experience.



With all due respect, I think you have no real idea what we do prior to and during lawsuits in terms of the effort.

But I will also point out that the reason why we are entitled to damages has nothing to do with the work put into the suit and everything to do with the fact that so many people have stolen the product instead of paying for it.



I would feel bad about suing people who bought the product if they had not demonstrably violated the clear instructions not to duplicate the discs, printed on the discs themselves and all over the packaging.

There was ONE operator who was original disc-based who was sued because of a contractor's sloppy work. I've explained that situation ad nauseam, and we made it right immediately to the complete satisfaction of the operator in question.



And yet it says right there on the packaging that unauthorized duplication is a violation of applicable laws. We know we didn't authorize the duplication, so what am I missing?



There are few people who deserve more to be paranoid than Kurt Slep. But when 19 of every 20 copies of his catalog in actual use are pirated...I don't think that qualifies as paranoia. It qualifies as recognition that piracy is completely out of hand and extraordinary steps are needed to stem it.

You have a vastly overdeveloped sense of what the financial rewards of this work are, by the way.

And you are talking out your butt, James. Kurt AND you have already verified, TIME AND TIME again, this has NOTHING to do with piracy. It is ALL about selling your GEMS!! The MINUTE Kurt came out talking about lawsuits as a sales tool he lost ALL credibility in this fight against piracy!! It's NOTHING more than a way to sell product. Then going after your past customers because they shifted their discs is even worse!! Neither one of you knows anything about loyalty toward your customers base. You KEEP customers by accommodating them not suing them.

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I am the ONLY SANE 1 HERE

If every pirate had to spend 5 grand to have legal sound choice I bet we would have a third less pirates
Also is the Ellis Island Casino the only legit karaoke that you know of in Vegas?

REALLY? Might be a good idea to re-read your own disc labels. NOTHING states that the dics can't be duplicated.

The disc labels state that the contents are protected against "unauthorized duplication"- though with no explaination in regard to "authorized" vs. "unauthorized".
For instance, duplication for single-site back-up IS authorized by law, whereas multiple copies for multi-site use or distribution are not.

This is completely different than stating that ALL DUPLICATION is unauthorized- which is NOT STATED ON THE PACKAGING- because this statement would be false..

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

I guess you didn't hire APS did you Jim? Kurt must of hired them. Maybe not qualified to judge the quality of your investigators or how they are trained, just the results and the high number of dismissals SC seems to rack up. Not to mention either the investigator dies or investigation information doesn't seem to be produced. Maybe you need a better filing system and hire your agents a little younger, or pay for physicals for them. Just constructive suggestions.

And in your typical fashion, you plaster ignorance on posts that challenge your "approach". It's very true I don't have the facts you have. That does not mean points made are in ignorance.


I've missed those posts. I've seen you say you've changed your approach. I've seen where the suits are not joined (as much?). You went back to using local\competing KJs to spy on one another? I don't remember any other changes but I may well have missed them.


Uh, no and it doesn't seem many that are in discover can get much on this either. Privileged work? So, if we are not privileged to these covert missions, we can only form our own opinions based on the results, so I stand by my statement. I think more people reading this will agree with me, than you.



Which means I was right and we must agree.



I'll come right out and say it.. I am no lawyer so I have no backing on this, but I feel strongly that, if challenged, it would be determined that you and your client are way over stepping your boundaries with regard to your authority. Your client has replicated someone else's IP, slapped your logo on it and are now attempting to apply full rights to that replication. I would bet, if challenged properly, it could be decided that your rights are really limited to duplication are resale of the discs. I think you know this is a possibility and its probably a big part of the reason you go for trademark and smoke\mirror suits. I feel strongly that the rights and authority for method the product is used falls back to the original IP owners. I would be PISSED if I were an artist\writer and found out how far you are attempting to extend authority on my work. May be a HUGE reason the "no fly" list grows bigger by the day? This is where you tell me I don't know anything about what I am taking about... Insert here...
I'll also say that I am ticked that I bought from your client one day, did what I needed to do then found out way down the road that your client doesn't want me to convert without his blessing. See above about how I feel about his authoritative level. I also am offended that I would be considered any sort of "offender" on ANY level. It's hugely repulsive.
And while I am on the box, there is NO WAY I would allow a first party to audit me for anything. That takes the fox\hen house to a brand new level. I'll submit that anyone that agrees to it is being very foolish.


See above for what you are missing.


First, the Golden Pony comment was dripping with sarcasm. Next, where can I see the research and studies to back the 19 of every 20 claim? Ahh yes.. Privileged?

Maybe it's because I still see at least 4 KJs that you filed against 2 years ago still doing multiple shows while at least one of your certified hosts can't get a gig at all. If your investigators and legal team are competent, why can't you get those folks out of the business? Maybe "ignorant" comes from first hand knowledge of your ineptness, so I guess name calling is your best defense. I'd do it too if I were in your position.

What I don't undertand is how James can say that Sound Choice cares about the KJs but will do NOTHING to help these certified KJs that can't get gigs to play. Makes me think that James and Kurt are full of it. As long as they make THEIR money who gives a crap about anyone else. It's quite sad, really. Do you even bother to go back to those who have certified and see how they are fairing with their certifications? I have already seen quite a few on here telling of bars that want nothing to do with them, OR the Sound Choice product. Why don't you address that, and do something about it??

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I am the ONLY SANE 1 HERE

Because Jim has already stated, they (SC) can not make anyone do anything about that. If a Bar doesn't want to hire you because you are cross-eyed, then SC can't make them hire you. If a Bar doesn't want to hire you because you walk with a limp, then SC can't make them. If a Bar doesn't want to hire you because you like to use the SC product, then SC can't make them. If the Bar doesn't want to hire you because you are or are not certified by SC, then SC can't make them. As long as it isn't against the law (or technical infringement of), then SC can't do anything anything (except sue the venue... and the grounds for this are very specific on SC's part).

And now back to our regular scheduled program and your response about all SC cares about....

Sort of like SC can't really do anything if you are not using their product. They are powerless to touch a host or hostess unless they are invited in, much like a vampire can't get into a home unless someone invites them in.

When the use is commercial in nature, no, it's not.

I have repeatedly explained the basis for this determination. You cite only to unidentified "cases in the 1990s" that supposedly settled the question. I can assure you that while your statement is accurate for home/non-commercial use, the same analysis DOES NOT APPLY to commercial uses.

Nothing would make me happier than to be out of a job because piracy had been so reduced that my activities were no longer necessary.



No, I know there are others. Ellis Island was just the first one I thought of off the top of my head because Kurt and I did their certification audit and because I've been to their venue personally.

I'll have to get back to you on the others, whom I believe are all KJs who have shows at multiple places.

Yes.... Very interesting that Ellis Island went through answering the complaint asking for dismissal with prejudice only to end up settling months later out of court.

I wonder how much money they may have saved just doing a simple audit in the first place?

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-- Mark

In their defense, the attorney who filed the suit made settlement demands of all of the defendants that were well above our established guidelines and refused to offer or consider audits (also against policy). We have taken care of that problem.

Ahh yes.... I forgot the APS/Boris fiasco!

Nice to know you have "taken care of that problem."

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-- Mark

Vampires are real?

-Chris

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-Chris

Somebody's a True Blood fan.

In a way vampires are dead creatures kept alive by consuming the blood of live hosts. Much like dead manus kept alive by getting cash from live karaoke hosts get the comparison?

Just wondering if SC did not have the GEM's to sell to settle cases just what would they do?

We all know that the product is vastly over priced and this is the only way that they are recouping monies for these suits and paying Jim.

So just what would they do? Try and collect thousands of dollars from some lowly KJ that doesn't have any money to start with because they had to steal the music?

Take their worthless equipment and try to resell it for pennies on the dollar?

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