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Paradigm Karaoke
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Posted: Tue Sep 24, 2013 3:52 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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chrisavis wrote: I am sure there are many hosts that feel their hands are tied because they can't do anything about pirates. We turn them in, but no action is taken by anyone.
Obviously, there is a group of hosts that don't like that SC and PR are taking action against hosts.
I am assuming, but I think it is fair to say, that there are people who live in both camps - Feel powerless but also don't like what SC/PR are doing.
here is where i sit on it. chrisavis wrote: Interestingly enough, if more vendors were to pursue action against hosts, it would also give legitimate hosts an option to directly combat piracy as well. but most of the pirates i have seen do not have much to go after. us suing them would be a lot of time and money that we would not be able to get back from them. if however we could find a way to go after the competition that has bought but not paid to shift, they have something worth fighting for and tend to have more themselves........... why does this sound familiar? -Chris[/quote]
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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chrisavis
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Posted: Tue Sep 24, 2013 7:46 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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chrisavis wrote: Interestingly enough, if more vendors were to pursue action against hosts, it would also give legitimate hosts an option to directly combat piracy as well. [quote=Paradigm]but most of the pirates i have seen do not have much to go after. us suing them would be a lot of time and money that we would not be able to get back from them. if however we could find a way to go after the competition that has bought but not paid to shift, they have something worth fighting for and tend to have more themselves........... why does this sound familiar?[/quote] I wasn't planning on suing them for money. I was planning on suing them to stop running gigs. Unlike SC, I am absolutely interested is stopping piracy and putting pirates out of business completely. If I can force them to vacate their gigs, I then have an opportunity to take their place. Then I can make my money the old fashioned way - by working for it. -Chris
_________________ -Chris
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chrisavis
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Posted: Tue Sep 24, 2013 9:29 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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The Lone Ranger wrote: 8) The pirates not having much to go after, is why in the Oregon suits the focus was on the venues not the hosts. Really? And where did you get this information from? (my guess is thin air) The Lone Ranger wrote: So basically Chris you are suing to put them out of business, to cut down on your competition. To be 100% clear I am not nor have I ever sued anyone for any reason. If I were to sue a pirate host it would NOT be to cut down on my competition. It would be to put a thief and a pirate. Reduced competition is simply a by-product which I could possibly take advantage of. The Lone Ranger wrote: That is not in the manus best interest, since they are depending on the pirates to be their new and future customer base. So what. I would not be suing for the benefit of the manufacturers. I would be suing to eliminate a thief and a pirate. The Lone Ranger wrote: Isn't it making it where you are the only game in town and customers don't have a choice? Even if you could eliminate all of the pirates, that would not leave enough hosts to meet the demand if 95% of the hosts magically disappeared. There are many legitimate karaoke operations in Seattle. We would get by. Unbelievable....even when someone says they simply want to eliminate piracy, you come up with a bunch of gobbldy gook as to why even that is a bad idea. I bet if I told you I discovered a cure for cancer, you would come up with reasons why it should not be utilized. -Chris
_________________ -Chris
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The Lone Ranger
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Posted: Wed Sep 25, 2013 4:58 am |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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chrisavis wrote: The Lone Ranger wrote: 8) The pirates not having much to go after, is why in the Oregon suits the focus was on the venues not the hosts. Really? And where did you get this information from? (my guess is thin air) The Lone Ranger wrote: So basically Chris you are suing to put them out of business, to cut down on your competition. To be 100% clear I am not nor have I ever sued anyone for any reason. If I were to sue a pirate host it would NOT be to cut down on my competition. It would be to put a thief and a pirate. Reduced competition is simply a by-product which I could possibly take advantage of. The Lone Ranger wrote: That is not in the manus best interest, since they are depending on the pirates to be their new and future customer base. So what. I would not be suing for the benefit of the manufacturers. I would be suing to eliminate a thief and a pirate. The Lone Ranger wrote: Isn't it making it where you are the only game in town and customers don't have a choice? Even if you could eliminate all of the pirates, that would not leave enough hosts to meet the demand if 95% of the hosts magically disappeared. There are many legitimate karaoke operations in Seattle. We would get by. Unbelievable....even when someone says they simply want to eliminate piracy, you come up with a bunch of gobbldy gook as to why even that is a bad idea. I bet if I told you I discovered a cure for cancer, you would come up with reasons why it should not be utilized. -Chris Actually Chris curing cancer would benefit all of mankind. The only reason I have seen so far for the war on karaoke piracy is to help a few failing manus or hosts that feel they can't compete in the current karaoke market. Even Insane has admitted the primary targets in new SC filings have been the venues that hire the illegal hosts, it doesn't make sense economically to pursue these suits without some kind of payday at the end. We saw in the case of Panama City Florida that payday was so small that it didn't make sense economically, even suing the venues. While you might have never sued someone in a perfect world if you could you would. Of course your motive is noble to rid the world of piracy. It still remains a fact there is little reason to do anything unless it benefits the person or persons bringing the action. The manus are trying to recover lost money, which in my opinion will never happen, and eventually they will have to write off the losses, then decide if they want to go back into production. The only motive the host could have is your little byproduct of reduced competition. Maybe in Seattle there wouldn't be a problem filing demand. Nationally I think if you eliminated 95% of the hosts someone would feel the pinch, and supply and demand would come into play. Unless of course the karaoke industry is a dying one. Seems like I don't have the market cornered on gobbledygook.
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mrmarog
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Posted: Wed Sep 25, 2013 9:05 am |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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Has anyone ever heard of a DJ (non karaoke) being busted. There are way, way more Dj's than KJ's. I'm not condoning piracy, but the playing field seems to be stacked against the KJ in terms of risk being named wrongfully. Some would argue that you are illegal if you are not audited and pay the associated fees. Is there an audit process for DJ's? If so by who? I know Canada and England have their licensing, but who does it in the US?
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The Lone Ranger
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Posted: Wed Sep 25, 2013 12:06 pm |
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Joined: Fri Jun 17, 2011 8:22 am Posts: 6103 Been Liked: 634 times
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mrmarog wrote: Has anyone ever heard of a DJ (non karaoke) being busted. There are way, way more Dj's than KJ's. I'm not condoning piracy, but the playing field seems to be stacked against the KJ in terms of risk being named wrongfully. Some would argue that you are illegal if you are not audited and pay the associated fees. Is there an audit process for DJ's? If so by who? I know Canada and England have their licensing, but who does it in the US? When you think a bout it mrmarog the Dj's don't have anyone like the legal process manus to contend with. You don't see the large recording companies going after pirates the same way on the DJ side. If you come right down to it we have only two manus on the karaoke side that are active with the legal process approach. I have heard of no such audits as far as DJ's are concerned, I should know I do both DJ/KJ. I would think the content at least would be covered if the proper publisher's fees are paid by the various venues. No logo is displayed as far as regular music is concerned so it would be almost impossible to tell one recording company's product from another.
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Paradigm Karaoke
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Posted: Wed Sep 25, 2013 12:34 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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mrmarog wrote: Has anyone ever heard of a DJ (non karaoke) being busted. There are way, way more Dj's than KJ's. I'm not condoning piracy, but the playing field seems to be stacked against the KJ in terms of risk being named wrongfully. Some would argue that you are illegal if you are not audited and pay the associated fees. Is there an audit process for DJ's? If so by who? I know Canada and England have their licensing, but who does it in the US? there is no one. the publishers do not take any issue with media shifting. so there is no reason for them to require such things. as i have said before, the only two entities in the entire music industry requiring these are SC and PR.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Lonman
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Posted: Wed Sep 25, 2013 1:01 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Well clubs still have to comply and if the dj doesn't have legal music in a club that isn't paying their PRO fees, then it would become an issue I am betting.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Paradigm Karaoke
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Posted: Wed Sep 25, 2013 3:28 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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illegal music, sure. PRO fees, absolutely, shifted music is not illegal though, that was the only point i was posting there.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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doowhatchulike
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Posted: Wed Sep 25, 2013 9:33 pm |
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Joined: Wed Sep 21, 2011 8:35 am Posts: 752 Images: 1 Been Liked: 73 times
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Paradigm Karaoke wrote: chrisavis wrote: I am sure there are many hosts that feel their hands are tied because they can't do anything about pirates. We turn them in, but no action is taken by anyone.
Obviously, there is a group of hosts that don't like that SC and PR are taking action against hosts.
I am assuming, but I think it is fair to say, that there are people who live in both camps - Feel powerless but also don't like what SC/PR are doing.
here is where i sit on it. I just CAN'T resist: This sounds like a quote that Potsie would say to Fonzie on Happy Days......
Last edited by doowhatchulike on Thu Sep 26, 2013 7:37 am, edited 1 time in total.
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JoeChartreuse
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Posted: Wed Sep 25, 2013 10:25 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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HarringtonLaw wrote: JoeChartreuse wrote: The suits- as a rule- are weak because they depend on a trademark that may or may not have been attached to a music track with or without permission from the publisher. EXTREMELY weak case- and why supposed "witnesses" NEVER supply the tracks in question (SUPPOSEDLY displayed) in court. Keeping in mind that I have never believed that all the shows supposedly "witnessed" actually were: If they make up a track, and it was produced and distributed without permission- they're done. If they make up a track, and it's on a list of tracks that were NOT LICENsED PRIOR TO PRODUCTION AND DISTRIBUTION, done again. If they make up a track, and the KJ never carried it, done again. Again, this is something that is simply not so. There are no reported decisions that implement what you are describing, and there are numerous decisions in SC cases that hold that any copyright infringement that SC may have committed is simply irrelevant to a case in which SC alleges trademark infringement on the part of an operator. Even in front of judges who have been hostile to our approach--like the one in the recent KKS case, whose summary judgment ruling was reversed by the Sixth Circuit on appeal--the argument you're making has not found favor. The reason for this is simple. The Copyright Act protects those who own copyright, who are the only parties who have the right to assert copyright infringement. It does NOT protect third parties who do not own any copyrights. The law almost never allows people to raise other people's rights in asserting a defense to a lawsuit. In fact, this principle is so strong in copyright law that the Ninth Circuit ruled that a company that pays royalties to make karaoke music (in this case, Sybersound) could not call the acts of those who did not (UAV and others) "unfair competition" because to do so would implicate the rights of the copyright owners who were not a part of the suit and who had the exclusive right to determine whether or not to sue over that issue. Defendants who continue to raise this issue are going to continue to get shot down because it is simply not the law, no matter how much you want it to be, and no matter how fair you think it would be if it were the law. By continuing to assert it as a correct statement of the law, you are wasting everyone's time and giving false hope to defendants who would be better off not wasting time and money asserting it. I am not going to waste yet more time shooting down, once again, the rest of the assertions in your post. First, you are right, no decisions were made based on a trademark added to a track without permission- apparently the cases were weak enough to be lost without that. Second, though copyright laws are strong, as stated above, it simply never had to go that far. My opinion has yet to be proven wrong, simply because no one has had the need to bring the point up-so far- SC simply blows it before that happens....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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MrBoo
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Posted: Thu Sep 26, 2013 3:16 am |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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Of course the big boys do not care if tracks are media shifted. It would be stupidly idiotic to do so. They held that stance at one point... in the 40's? But modern times mean you adjust to modern methods or you end up like Sound Choice.
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rickgood
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Posted: Thu Sep 26, 2013 9:49 am |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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Prime Cuts SENDS me my music in mp3 format and videos in mp4 format. What do you assume they think I'm going to do with them? Pop them into a damn CD player? (they wouldn't play if I did). They also make the content available to members to download as soon as the disc is created, so if I need a song before I receive my disc by US postal service, I can go ahead and download it. Oh, and if my hard drive crashes, I still have the discs to reload or the option of downloading from their site via my membership access. Take note karaoke producers - that is giving the customer what they want, in the format they want it, and at a reasonable price. I pay $87 per month for all that, AND, I'm pretty sure that they pay the publishers for the content I receive.
And as a DJ, I have 5 times the competitors in the marketplace than the KJs have, and yet I remain in business and my business is growing each year.... it's a miracle.
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JoeChartreuse
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Posted: Fri Sep 27, 2013 10:46 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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rickgood wrote: Prime Cuts SENDS me my music in mp3 format and videos in mp4 format. What do you assume they think I'm going to do with them? Pop them into a damn CD player? (they wouldn't play if I did.)....... Sorry, can't help myself. Incorrect. Virually ALL modern pro players can utilize almost any disc. CDs, CD+G, MP3, MPEG4, JPEG, HDCD, VCD, DVD, SVCD, Hybrids, and virtually anything else you can think of except maybe Blu-Ray. The also come with USB and card ports for those who would use them. The only real disadvantage to them ( aside from crappy workmanship compared to older models) is they have a slightly slower load time ( a second or two) while determining what kind of disc it is-which they do automatically. The way around it is to have the next disc cued up in advance, which you would do anyway.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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