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PostPosted: Tue Aug 27, 2013 10:35 pm 
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HarringtonLaw wrote:
JoeChartreuse wrote:
Still double-checking rumor of RICO charges added to one of the suits against SC.


*sigh*

Do you recall the old saying that "anyone can sue anyone for anything"?

There is a civil action available under the federal RICO act. The result of such an action, if successful, is money damages or an injunction. No one goes to jail on a civil RICO offense.

I can confirm to you that CAVS USA added a RICO claim to its lawsuit, along with a raft of other claims, back in January. There's no mystery here. The amended complaint is a public record. .


My entire post is quoted above. I never brought up penalties regarding a RICO claim in a civil suit, only noted the rumor of one in regard to SC.

Jim, I appreciate the confirmation, simply because it eliminates several pages of ick in regard to an existence debate.

The one observation that I WOULD make is that IF the claim were to be found of merit, it would also set a serious precedent that could derail future suits.

However, the merit of such claims will only be found in the judgement of the court.

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PostPosted: Tue Aug 27, 2013 11:41 pm 
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Smoothedge69 wrote:
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Smoothedge69 wrote:
Kj says just tell me what you want to sing and i'll have it - pretty good bet piracy.
Again what needs to happen is 1 organization to pay and audit the entire library on an annual basis - i'm all for that as long as the cost is reasonable. It would definitely keep the hobbyists and lowballers out of the game.

I put out three books, but I tell my people if you don't see your song in there, let me know and I will have it by your next turn. I'm not stealing it, I am purchasing it from Tricerasoft or All Star.

As for annual audits, I say HELL NO. I don't want to be bothered with that. As I have said before, I have never gotten audited by the IRS, I sure as Hell am NOT going to accept an audit from a karaoke vendor or some karaoke organization, ESPECIALLY if I have to pay for it. Say what you will. I won't change my mind on it. I am doing what I am supposed to be doing and I do not have to prove myself to anyone.



Hell YES!

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PostPosted: Wed Aug 28, 2013 3:22 am 
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Big Easy wrote:


Hell YES!

Are you agreeing with me?? If so,thank you. Or are you saying Hell Yes to having audits?

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PostPosted: Wed Aug 28, 2013 5:38 am 
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Lonman wrote:
Smoothedge69 wrote:
No, that is NOT what should be done. It's a license to just sue everyone who has shifted their discs, it's a license to sue everyone who buys downloads, and so on. I don't know about you, but I don't want to spend my time, OR my money proving that I am compliant to the 1:1 ratio over and over again, as each entity tries to weed out the pirates. There are countless publishers out there. Imagine having to go through one audit after another. FUDGE THAT!!!!

It's only got to this point BECAUSE of all the rampant piracy. You cannot tell who is and isn't legit these days. You used to be able to look at a book and see a few thousand songs and probably a safe bet that they are legit. Then go to a show that has 5" thick binders with 12-15 versions of every song - pretty good bet they were a pirate. Now many kj's don't even use books, so you cannot tell that way. Kj says just tell me what you want to sing and i'll have it - pretty good bet piracy.
Again what needs to happen is 1 organization to pay and audit the entire library on an annual basis - i'm all for that as long as the cost is reasonable. It would definitely keep the hobbyists and lowballers out of the game.


8) Sort of what I wanted Lonnie a one stop place, instead of an audit to obtain an operator's license to run a karaoke service business. The license fee to be paid out to the various effected companies. You are right it will never happen because of the greed of these various companies. That and the fact they want to be in total control of their own recovery operations.


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PostPosted: Wed Aug 28, 2013 1:55 pm 
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Smoothedge69 wrote:
Big Easy wrote:


Hell YES!

Are you agreeing with me?? If so,thank you. Or are you saying Hell Yes to having audits?



I have to agree.

There will come a day when everyone has to perform with the same set of criteria, coven not to sue is definitely not the way(we won't sue you because you turned in Jimmy?). I do like the idea of random visits to insure you maintain original discs but since most people don't carry discs there would need to be some extra thought put into like a 72 hour limit to allow inspection, not to count every disc number just to see that you have approximately enough CDG's to cover. Manus should not be party to these inspections. Although if it becomes a burden of proof that is't fair either. I believe karaoke will be disc free in ten years or less.

SC will be owned by someone new maybe EMI and they will be streaming like SBI, Sunfly, CB-DT already are sooner than you think. SC will drag out the EMI case as long as they can keep selling illegal discs on eBay. Has anyone noticed all the recent out of print disc numbers available on eBay lately? Did anyone notice all the discs at soundchoicestore.com that disappeared when EMI filed suit against them? In the complaint filed there is a list of all the songs, try to find them listed for sale NOW!

The difference between SC vs KJ's and EMI vs SC is that EMI wouldn't even sue them unless they had proof(SC was stealing from them), SC just slanders everyone with no proof. If you go to court they act like the license to produce a track is a trade secret. How can it be such a secret when you haven't made a disc in 4 years? Sound Choice AU sells oop (illegal) songs on discs to the USA. SC US says it's an arms length partnership. The songs are exactly the same with the SC logo, at least Sunfly who is Legends re-worked the videos to have a new logo. Karaoke channel has out of print songs as well for sale.

If you have $20k value of discs and you take 100$ a month to pay it back, you will have to work for @16 years to pay for it.


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PostPosted: Wed Aug 28, 2013 8:56 pm 
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Accept an audit? Why? So that you agree to allow SC to sue you in North Carolina? Hahahaha. Not a chance. What leverage do does SC have if you refuse? File suit on your turf? If and when you do get sued with, oh say, 30 or 50 others in the same suit, follow the approach by Mr. McLaughlin, Esq. in the LA case. Quickly issue very targeted interrogatories asking the specific basis for SC's claims and all evidence thereof and force it to respond and offer to show SC all the corresponding original discs. (Not surprisingly SC will try to hide behind BS objections based on investigator privilege.) If you such get BS responses, use a copy of the same BS responses in the LA case and elsewhere and file a motion to compel and ask for fees. Of course, also include discussion and a copy of Judge Wright's findings that Slepper acted in bad faith by refusing to acknowledge exculpatory evidence, failed to respond to discovery, etc.. and his award of fees.


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PostPosted: Wed Aug 28, 2013 9:12 pm 
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That sounds great. Did it work though? If so why are there still cases all over the country?

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PostPosted: Wed Aug 28, 2013 11:27 pm 
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Big Easy wrote:
That sounds great. Did it work though? If so why are there still cases all over the country?


It worked for the cases involved. However, SC splattered cases all over the place in hopes that some would stick, with or without any evidence ( See "Tortious Interference" which sounds like- in my opinion, a perfect description of SC's actions). Many of these have yet to be resolved.

Gotta tell you folks: Between EMI's suit against SC for unlicensed use, the CAVS suit, which includes a civil RICO ( Racketeering)claim, Judge Wright's statements of record proclaiming SC a copyright troll, and several other completely blown court cases- some with judges indicating their own lack of appreciation for how SC has handled things, the results of APS' and Donna Boris' efforts, disappearing investigators and paperwork, etc....I'm thinking that SC's current business model of intimidation for income may well be nearing the end of it's time.....

I also believe that if PR tries to go down the same road, their efforts- thanks to SC- will be even more short-lived.

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PostPosted: Thu Aug 29, 2013 9:22 am 
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RaokeBoy wrote:
follow the approach by Mr. McLaughlin, Esq. in the LA case.


Weird of you to speak of yourself in the third person.


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PostPosted: Thu Aug 29, 2013 11:21 am 
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HarringtonLaw wrote:
RaokeBoy wrote:
follow the approach by Mr. McLaughlin, Esq. in the LA case.


Weird of you to speak of yourself in the third person.


I know. And I am constantly accused of remaining anonymous by his angry little buddy on that suspended lawyers blog all the time!

What a childish double standard!

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PostPosted: Fri Aug 30, 2013 4:47 am 
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Insane KJ wrote:
HarringtonLaw wrote:
RaokeBoy wrote:
follow the approach by Mr. McLaughlin, Esq. in the LA case.


Weird of you to speak of yourself in the third person.


I know. And I am constantly accused of remaining anonymous by his angry little buddy on that suspended lawyers blog all the time!

What a childish double standard!


8) You are anonymous Insane, because you are afraid of something, much like the pirates are afraid of something. I don't see what your problem is you don't even own your own karaoke service, you work for someone else? You are very anxious to out other hosts and have attempted to do so on several occasions, yet you have always resisted full disclosure yourself. Wasn't it your friend Troy aka WOS that said if a host wasn't willing to make a full disclosure of his right name and where he worked, his posts should be disregarded? Does that mean all of your posts should be placed in the round file? Sometimes I have doubts you are really a host, since you don't seem to be interested in any other karaoke subject other than the legal aspect of it. Some hosts have even told me your are really Kurt, coming on here in a clown suit. Of course I don't believe it, but under the makeup I can see sort of a resemblance. Even on the free forum as I recall you couldn't get in the vetted section for certified hosts because admission required full disclosure. I wouldn't be talking about childish double standards if I were you. Like the manus you want everyone else to come clean but yourself. That's all right have your secrets and allow others the same right.


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PostPosted: Fri Aug 30, 2013 5:03 am 
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Why would you hide your identity on a karaoke forum? Something's not right with that.


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PostPosted: Fri Aug 30, 2013 1:55 pm 
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8) It is too early to declare Jim or SC legally D.O.A., the EMI and CAVS cases will have to be settled and damages if any awarded. You can bet these cases will be stretched out as long as possible. It will be an epic rearguard action, sort of like Napoleon's retreat from Moscow. Hopefully at the end SC and Jim won't end up exiled on some island some where. It is a little different when you are the accused rather the the accuser. One thing for sure if the awards go into the millions of dollars, that is going to take a lot of sales to pay. What am I talking about paying awards, that is for hosts and the little people, companies just go into foreclosure and get mysteriously taken over, then start the legal process all over again, right PR/WWD/CB/DTE?


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PostPosted: Fri Aug 30, 2013 7:53 pm 
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PostPosted: Fri Aug 30, 2013 10:31 pm 
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jdmeister wrote:
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Is that supposed to be Harrington?

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PostPosted: Sat Aug 31, 2013 9:18 am 
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HarringtonLaw wrote:
RaokeBoy wrote:
follow the approach by Mr. McLaughlin, Esq. in the LA case.


Weird of you to speak of yourself in the third person.


First, to you fellas (Insane included) I was a Chip alias. Now you apparently think I am someone else. Make up your mind. Or now someone different? Nice to know you spend the time caring so much on what matters so little. By the way, has your investigator found and served Brophy yet? I guess that troll contract with him to sue thousands of KJs and venues didn't turn out to be such a money maker after all. Where else are you using it? Has it been successful anywhere? That Florida case you tout as success, was it really? What $9K judgment after trial? Was it paid yet? And that number was based on discs at full retail of $20 each which defendant could not prove were 1:1. Laughable. You got away with one there. At most, it should have been based on lost PROFITS which is what $6 or $7. Didn't Kurt say that at his depo in the Vegas case? After that case, no wonder you (or any of your hired guns) don't want to go to trial. A lot of work for chickenfeed. Chirp chirp.


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PostPosted: Sat Aug 31, 2013 1:23 pm 
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RaokeBoy wrote:
HarringtonLaw wrote:
RaokeBoy wrote:
follow the approach by Mr. McLaughlin, Esq. in the LA case.


Weird of you to speak of yourself in the third person.


First, to you fellas (Insane included) I was a Chip alias. Now you apparently think I am someone else. Make up your mind. Or now someone different? Nice to know you spend the time caring so much on what matters so little. By the way, has your investigator found and served Brophy yet? I guess that troll contract with him to sue thousands of KJs and venues didn't turn out to be such a money maker after all. Where else are you using it? Has it been successful anywhere? That Florida case you tout as success, was it really? What $9K judgment after trial? Was it paid yet? And that number was based on discs at full retail of $20 each which defendant could not prove were 1:1. Laughable. You got away with one there. At most, it should have been based on lost PROFITS which is what $6 or $7. Didn't Kurt say that at his depo in the Vegas case? After that case, no wonder you (or any of your hired guns) don't want to go to trial. A lot of work for chickenfeed. Chirp chirp.


I was the one that thought you may be Chip. I don't hide behind an alias. Neither does Harrington. Neither did Chip for that matter when he was on here. Why should you?

-Chris

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PostPosted: Sat Aug 31, 2013 3:06 pm 
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chrisavis wrote:
RaokeBoy wrote:
HarringtonLaw wrote:
RaokeBoy wrote:
follow the approach by Mr. McLaughlin, Esq. in the LA case.


Weird of you to speak of yourself in the third person.


First, to you fellas (Insane included) I was a Chip alias. Now you apparently think I am someone else. Make up your mind. Or now someone different? Nice to know you spend the time caring so much on what matters so little. By the way, has your investigator found and served Brophy yet? I guess that troll contract with him to sue thousands of KJs and venues didn't turn out to be such a money maker after all. Where else are you using it? Has it been successful anywhere? That Florida case you tout as success, was it really? What $9K judgment after trial? Was it paid yet? And that number was based on discs at full retail of $20 each which defendant could not prove were 1:1. Laughable. You got away with one there. At most, it should have been based on lost PROFITS which is what $6 or $7. Didn't Kurt say that at his depo in the Vegas case? After that case, no wonder you (or any of your hired guns) don't want to go to trial. A lot of work for chickenfeed. Chirp chirp.


I was the one that thought you may be Chip. I don't hide behind an alias. Neither does Harrington. Neither did Chip for that matter when he was on here. Why should you?

-Chris


Or Insane KJ for that matter? If you are going to come here and post a bunch of smack at least indentifiy yourself. Otherwise you hold little to no credibility with me.
Nothing against you Chris I respect your openess and honest opinion on the forum.


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