geez...
Sound Choice said:
"Fair use" only covers PERSONAL use. It absolutely does not cover any commercial use. And if DanDan thinks his use of karaoke tracks is not Commercial use, he has a long long fight to try to win that argument. The article from Imaginlaw that he likes to quote CLEARLY states that "fair use" is not an allowed argument when the use is commercial. And that is because that is correct.
If you actually read the full article, it CLEARLY states how fair use could and has been allowed by federal judges in a commercial setting.
Sound Choice said:
DANDAN is not being sued for transferring the songs that he did own prior to our investigation from CDG to his hard drive. We are not suing ANYONE for format shift transfers if they owned original Sound Choice CDGs for each and every song on their hard drive prior to our investigation. DanDan is being sued for songs that he did not own on CDG prior to our investigation and filing. By his own admission on his posts, he has since purchased thousands more songs AFTER our investigation and filing. Sorry, that's TOO LATE. Sort of like slowing down after you've been caught on radar by the cops.
Kurt Slep
CEO, Sound Choice
Perhaps you should confer with Mr. Harrington, as you're quite clearly suing me for trademark infringement and unfair competition arising under §§ 32 & 43 of the Trademark Act of 1946, 15 U.S.C. §§ 1114 & 1125. Perhaps you should take some time and learn what that means. Interestingly it has very little to do with fair use or copyright.
I'm awfully curious what admissions on what posts you're referring to. By all means, please post links. And for that matter, what songs you think I played Sound Choice tracks for at my show that I did not own an original disc for and when? Answer me here; it'll save you attorney's fees for my discovery requests.
Yes, I have purchased thousands of songs since your so-called investigation. And those songs I did not have prior to your investigation, on my hard-drive or elsewhere. I've done this to grow my library as I always have when it's affordable. Karaoke Now, a local retailer here, recently had nearly every Sound Choice PowerPicks CDG available for $5.99. Prior to that, and at the time of your so-called investigation, I had mostly Supercore, Pop Hits Monthly, Pop Hits Today, DKKaraoke, Pioneer, JVC, Madacy, Priddis, The Singing Machine, Karaoke Kurrents, Ameri-Sing, House Party Karoke, American Idol, NorthStar, All Hits, Sweet Georgia Brown, NuTech, Music Maestro, All Star Karaoke, Superstar Karaoke, Pocket Songs and Karaoke Bay. The karaoke version of each song I use is clearly listed in my karaoke books. The same books that had my phone number and e-mail address that you never bothered to use prior to filing suit against me as "John Doe No. 1" without even knowing or asking my name. It's the biggest joke in the AZ karaoke community, as I'm well known and not hard to find. Why did it take five months for you to serve me? Seriously, how do you define "Investigate"?
Karaoke Now has also had many discs from other less litigious manufacturers for $1 and $1.99. At those prices, who wouldn't buy thousands of songs? I also bought out three complete karaoke libraries as the deals presented themselves, also resulting in the acquisition of thousands of songs.
Your lackeys have not "caught me on radar", and y'all are a far cry from "the cops".:sqlaugh:
There is no law that mandates I must stop building my library or enjoying my hobby because someone has filed a frivolous lawsuit against me.
