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Unbelieveable..........that Kurt Slep would post specific details about litigation that his corporation is involved in, on a public forum. It says a lot about his skills as a CEO.
Loneavenger said:The only settlement agreements i have access to are the ones for the VA suits and i believe ours were different than the agreements in AZ. The point is , He signed a settlement agreement, did not pay in full. Meaning he has not yet paid for those disks that he WILL BE owed upon paying settlement in full. The Settlement in itself should have nullified the court case which is why Sound Choice didn't respond, they still have quite the case against Ernie so i don't think you've given enough thought to the " SC has blown it " statement. They have the evidence against ernie of his buying history etc....they will always have a case. The only reason this argument is so heated is because there are some here who would see it as some kind of victory if Sound Choice makes a mistake, and there are others who see it as a victory if Ernie is the one making mistakes. Why is this so important? Sound Choice is suing people, it will not stop. Chartbuster is now in the game as well, and soon to be Pop Hits Monthly. This is now the reality of the business we're in. If you're going to be so against these actions that it becomes the focus of your life ( as it is few a few here ) then i don't mean to be harsh but it might be time to get back to working on your own business and spending your time improving it. This is the nature of our businesses now, and as i've stated in the past i still see the positives outweighing the negatives in these suits. The way i see things regarding the suit we've been talking about, as things stand now it appears that it is Ernie that is at fault by not paying his settlement ( and sounds like he stopped paying before he found out about the court thing anyways ). I hate to see how worked up some here get over things that we may never know for sure. How bout a conversation about what you do to keep your weekly gigs " fresh "? Now back to your regularly scheduled arguments..........
KjAthena said:unless we see the settlement agreement Joe....we do not know if it said they would be sent directly to Ernie. In the settlement agreements I have seen nowhere does it state how/where the discs were to be delivered. It is my suspision(sp?) that this is another of Ernie's mistaken assumptions. But I could be wrong and the newer agreements could have changed since Ernie's. As far as why I felt he had received them it is due to Ernie's own post talking about Kurt's visit to Arizona to deliver them. Maybe Kurt will reply and confirm or deny the delivery after M.B. Or maybe Ernie will clarify the issue
KJSandman said:"If the "reality of the business" is that vendors are suing customers, it's not an industry that I foresee will last much longer."
Sound Choice and Chartbuster are not "Vendors suing Customers", they are vendors who are suing people who are stealing from them.
KJSandman said:If the "reality of the business" is that thieves are destroying the manufacturers' ability to turn a profit and illegal KJ's are continuing to have a negative effect on the KJ market, then I agree in so much as the continued production of new music may come to an end. I can't quite put a time frame on that.
truthteller said:Unbelieveable..........that Kurt Slep would post specific details about litigation that his corporation is involved in, on a public forum. It says a lot about his skills as a CEO.
c. staley said:it doesn't include McLeod's or the guy in FL that was dismissed with prejudice or anyone else.
Of course they are... and they all been named, threatened and/or settled... so yes, it is a "vendor suing their own customers."
rumbolt said:McLeod's case was dropped and didn't have to pay anything or was never threatened (unless you consider the original filing a threat). They proved that they were using music that they actually owned discs for. Case closed, kj still working (legally). Wasn't forced to buy additional discs either. Just dropped.
Sound Choice said:I am sitting at the airport in LasVegas after the Mobile Beat show, where we got a lot of support for our actions and more KJs volunteering to do whatever they can to help in their respective areas. The support that Chartbuster and Sound Choice and Stellar got gives me even more resolve to continue AND expand the fight. We are not in the fight to appease a few whiners who want to find fault at every turn. On the contrary, their words seem to force many others to conclude that they really must be raising a stink in the hopes that their objections alone are enough to make the anti-piracy efforts stop - and why would they want that, unless they have something to lose by the lawsuits?
Sound Choice said:As for Ernie: 1) I personally delivered his second set of discs to him in Phoenix with two witnesses present, where they had been in the hands of the PI who served him (as he stated), but he was too scared to go and pick them up. Why? He had already settled at that point and shouldn't have had anything else to hide - or maybe he did???
Sound Choice said:2) The statement about Ernie "not getting two sets of discs for $3000 ", should have more correctly been written as "Ernie will not be getting his two sets of discs for only $3000", which implies he is not going to be allowed to default and walk away for only the $3000 he has paid to date.
Sound Choice said:3) If you want to worry about who is really in default I could share a bit of our settlement agreement (which is not confidential) which will lead most of you to conclude that we have been extremelt lenient with him in not strictly enforcing the contract, in an effort to actually help him like we have helped other defendants who settled. But he insists on trying to make us look bad in public, even though we WERE (note the past tense here) being very accomodating of him up until this point.
Sound Choice said:As for Harrington representing us - he just filed a third case in Florida for us yesterday, so you should conclude that he is still representing us.
So you won't post the agreement that supposedly will make YOU look good because Ernie's trying to make you look bad?Sound Choice said:3) If you want to worry about who is really in default I could share a bit of our settlement agreement (which is not confidential) which will lead most of you to conclude that we have been extremelt lenient with him in not strictly enforcing the contract, in an effort to actually help him like we have helped other defendants who settled. But he insists on trying to make us look bad in public, even though we WERE (note the past tense here) being very accomodating of him up until this point.
Proformance said:ROTFLMAO
Which is is Kurt? "I personally delivered the CDs to Ernie" or "He never picked them up." You either delivered them to him or you delivered them to someone else and they are NOT at all equivalent. If you can't even speak the truth about the simple things I see no reason to assume any integrity on the largess of your issues.
The fact is you didn't deliver anything - you placed them in the custody and care of a third party for reasons known only to you.
Combined with your lack of proper court filings the logical conclusion is that you're under the table manipulations are a necessary result of your weak and seriously lacking legal standing.
The failure of you and other manufacturers to properly license your products then turn around and misrepresent that to us at retail sale - is a liability I and other DJ/KJs will not accept from you. As we have already seen with CB the basis for these legal actions is an attempt to make your customers pay for the legal liabilities and damages you've sustained by your own actions.
The publishers are suing you the manufacturers because this is the tree from which the poison fruit originates.
Sorry pal, you folks can eat that $h__+ all by yourself. There are enough of us who refuse to be your scapegoats and know that in the log run the courts make a lousy sales department. I pity the fool KJ who sits down to dine with you.
Sound Choice said:I am sitting at the airport in LasVegas after the Mobile Beat show, where we got a lot of support for our actions and more KJs volunteering to do whatever they can to help in their respective areas. The support that Chartbuster and Sound Choice and Stellar got gives me even more resolve to continue AND expand the fight. We are not in the fight to appease a few whiners who want to find fault at every turn. On the contrary, their words seem to force many others to conclude that they really must be raising a stink in the hopes that their objections alone are enough to make the anti-piracy efforts stop - and why would they want that, unless they have something to lose by the lawsuits?
As for Ernie: 1) I personally delivered his second set of discs to him in Phoenix with two witnesses present, where they had been in the hands of the PI who served him (as he stated), but he was too scared to go and pick them up. Why? He had already settled at that point and shouldn't have had anything else to hide - or maybe he did???
2) The statement about Ernie "not getting two sets of discs for $3000 ", should have more correctly been written as "Ernie will not be getting his two sets of discs for only $3000", which implies he is not going to be allowed to default and walk away for only the $3000 he has paid to date.
3) If you want to worry about who is really in default I could share a bit of our settlement agreement (which is not confidential) which will lead most of you to conclude that we have been extremelt lenient with him in not strictly enforcing the contract, in an effort to actually help him like we have helped other defendants who settled. But he insists on trying to make us look bad in public, even though we WERE (note the past tense here) being very accomodating of him up until this point.
As for Harrington representing us - he just filed a third case in Florida for us yesterday, so you should conclude that he is still representing us.
Sound Choice said:For those that are interested, we (Chartbuster, Sound Choice and Stellar Records) are putting on a seminar that will be videotaped and made available later.
rumbolt said:McLeod's case was dropped and didn't have to pay anything or was never threatened (unless you consider the original filing a threat). They proved that they were using music that they actually owned discs for. Case closed, kj still working (legally). Wasn't forced to buy additional discs either. Just dropped.
Loneavenger said:Really?! :rolleyespill: Kurt explained things VERY clearly,
LRCiv 40.2 CONTINUANCES AND NOTICE OF SETTLEMENT
(d) Duty to Inform Regarding Settlement or Voluntary Resolution of Other Pending Matters. When a case set for trial is settled out of Court or any motion is pending before a District Judge or Magistrate Judge and is voluntarily resolved by the parties or their counsel, it shall be the duty of counsel to inform the Clerk and the chambers of such District Judge or Magistrate Judge immediately. In cases wherein a District Judge has referred a settlement conference, discovery or other matter to a Magistrate Judge, but not the entire case, counsel shall immediately provide a copy of any filed document relating to the referred matter to the chambers of the referred Magistrate Judge.
JoeChartreuse said:Being named still shows up on the internet, just like it does when you Google Athena- it's never going away. Permanent internet taint. I would sue if I were them.
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