Okay,
for all of you KJ's out there I have a question for you:
Chartbuster has been asked repeatedly the same simple question which really has nothing to do with litigation regarding Warner-Chappell vs. LoudKaraoke, but more with the statement in the complaint that Chartbuster acquired licensing from Warner-Chappell on April 1, 2010.
The question is a simple one:
"Did Chartbuster not have licensing from Warner-Chappell prior to April 1, 2010"
So far, we've never received a direct response to this question, nothing more than cryptic messages to divert this focus away from a direct answer to this simple question.
As we are now forced to continue this speculation, I would have to ask myself; "Why? What is the purpose for all this evasion?"
If in fact, Chartbuster's releases of discs and songs (listed on Exhibit "I") were properly and fully licensed for production and resale, their answer would be a simple: "yes" and that would be the end of the story. A simple statement that Chartbuster's product has always been licensed would not only put them in a better light, but reassure us KJ's using the product that we've made the right decision in selecting it for purchase.
However, if the answer is "no" then there there are other implications and ramifications regarding their product especially with the above mysterious warning from Chartbusterette:
Finally, we are not aware of any effort to interdict discs that may have been sold in the past, contained unlicensed songs, and now reside in the hands of end-users. However, we would not discount the possibility that such discs being used in a commercial enterprise might not run afoul of litigators in the future.
In which case, this would become a question which would be way too hot to field
because it would include their product that was produced and marketed for KJ's to use in their "commercial enterprise" and diversion and mystery is the only way out. It would be a giant can of worms.
I know that although there has been plenty of rhetoric about being "above board, honest, upfront" etc., it isn't readily apparent in any of the above posts. I've read the entire complaint and I understand the allegations however this key question doesn't include anything more than whether or not Chartbuster has been marketing and commercially benefiting from the sales of unlicensed material before April 1, 2010. If Chartbuster is unwilling to provide the very information they are demanding that KJ's know in advance before purchasing their product, then to me (and in my opinion), it's nothing more than a setup for future litigation. It's also (to me) that the "master plan" of the manufacturers is to sell discs that will be labeled "for home use only" and a completely different medium or method "licensed for commercial use." Just like Sound Choice, they want to remove discs and completely control what you can play in a club and have KJ's purchase their libraries again.
It's ironic that while Chartbuster wants KJ's to provide information and "help them in their investigations" with as much information as you can give them.... while still merrily purchasing their product... that they would be so unwilling to provide the same level cooperation to the very KJ's that spend their hard-earned money to buy their product. No longer for me, so they've lost another customer.
Forget confirming this licensing with Warner/Chappell Music. They are under no obligation whatsoever to discuss any of their licensing with a KJ.
What do you think?