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Questions about the Arizona Suits
- Thread starter KjAthena
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- #62
Thread Owner
01erniemac said:I was just denied to post to this thread. If this message posts, call me or write wiredforsound.1@juno.com (602) 413-7025.
Question to ALL of the Mods Did anyone prevent Ernie from posting on this thread or is he just blowing smoke ?
KjAthena said:Question to ALL of the Mods Did anyone prevent Ernie from posting on this thread or is he just blowing smoke ?
Noone blocked him from posting , I think it was just a computer error on his end, or who knows?
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Sorry but no, Joe is right as usual. I paid 4 payment of $500 towards a $51,000 settlement. I also paid $3,000 (or 2 payments of $1,500) for 2 sets of their CDG-s so I could expand my operations and create 2 new systems to increase my income and offset the monthly $500 payment for the next 8 years. I was to become a "Worker Bee" for SC generating income for 8 years. The economy here in Arizona is terrible and most venues now are scared to death of Karaoke because of these lawsuits. I tried getting new shows but out of 106 attempts, nobody was interested in karaoke or they didn't want to pay over $100 per show. My hosts make $75 per show. A few have offered to go down to $60. Perhaps now I can tell perspective venue owners not to worry because I have "Been there, Done that". I still have to compete with piracy and the larger companies that are loyal to SC. I'm not making too many friends these days and my business reputation and name are thoroughly trashed. I'm certain Mr. Slep is unhappy with me and I expect his big lapdogs are getting there instructions on how to make my life even more unpleasant.
On a positive note; Given that SC was charging other defendants $6,500 for each set of CDG-s, I ended up ahead paying $3,000 for 2 sets that normally would cost $13,000.
On a positive note; Given that SC was charging other defendants $6,500 for each set of CDG-s, I ended up ahead paying $3,000 for 2 sets that normally would cost $13,000.
01erniemac said:I paid 4 payment of $500 towards a $51,000 settlement.
I am curious now. This $51,000 settlement. Did you sign a contract to pay this?
If so, are still you legally obligated to pay it since it was done outside of the lawsuit?
Loneavenger said:Noone blocked him from posting , I think it was just a computer error on his end, or who knows?
I think the problem is the forum has a 1mb limit on attachments and most of the court docs are larger.
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All settlements in Arizona prior to mine required the approval of the judge to be valid. My settlement was never presented to the judge for her approval by SC until after the dismissal. Not only did the judge ignore it but the case was transferred to 2 different judges since then and neither one of them showed any interest in the settlement at all. I am off the this lawsuit and now there are only 2 remaining defendants. Dan Dan is one of them and he will be real pain for SC.
I could be wrong but I do not think Mr .Harrington is still representing SC. He was working on a contingency basis but perhaps the lawsuits are not generating enough money for both of them. The real cost of any lawsuit is in preparation of the trial as well as the trial itself. I also feel (and I could be wrong), that none of these lawsuit will ever see the light of a court room. It will take 6 to 8 years and by then, SC will be competing with Sting Ray Records from Australia. They will allow their current licenses for CDG-s to expire and be totally out of the disk business. They will be doing something similar to the karaoke channel for private home use and the gem series for KJs will be their main form of income. The lawsuits were meant to tide them over financially as they transfer operations overseas. Mr. Slep explained to me that SC signed a 3 year no competition clause in their contract with Sting Ray Records when they sold their copyrights to them back in 2007. That contract ends this month January 2011. Their is no profit for them to remain in the disk business due to so much piracy. This is why they choose to burn CDs lately instead of pressing them which is more costly and done in batches of 400 or more. As the song license run out, the disk will be discontinued. This is why their library of disks continue to grow smaller and smaller and why they went to burning disks lately. If you read my motion to dismiss, you will see why they are transferring operations to Australia. They do mot have to pay for licensing songs there like they do here in the U.S.. I am surprised Mr. Slep has not said anything against me on this thread yet. Was he banned from doing so?
I could be wrong but I do not think Mr .Harrington is still representing SC. He was working on a contingency basis but perhaps the lawsuits are not generating enough money for both of them. The real cost of any lawsuit is in preparation of the trial as well as the trial itself. I also feel (and I could be wrong), that none of these lawsuit will ever see the light of a court room. It will take 6 to 8 years and by then, SC will be competing with Sting Ray Records from Australia. They will allow their current licenses for CDG-s to expire and be totally out of the disk business. They will be doing something similar to the karaoke channel for private home use and the gem series for KJs will be their main form of income. The lawsuits were meant to tide them over financially as they transfer operations overseas. Mr. Slep explained to me that SC signed a 3 year no competition clause in their contract with Sting Ray Records when they sold their copyrights to them back in 2007. That contract ends this month January 2011. Their is no profit for them to remain in the disk business due to so much piracy. This is why they choose to burn CDs lately instead of pressing them which is more costly and done in batches of 400 or more. As the song license run out, the disk will be discontinued. This is why their library of disks continue to grow smaller and smaller and why they went to burning disks lately. If you read my motion to dismiss, you will see why they are transferring operations to Australia. They do mot have to pay for licensing songs there like they do here in the U.S.. I am surprised Mr. Slep has not said anything against me on this thread yet. Was he banned from doing so?
01erniemac said:I am surprised Mr. Slep has not said anything against me on this thread yet. Was he banned from doing so?
He hasn't been banned. He also hasn't posted in some time. Probably got tired of the dog pack.
Bazza said:He hasn't been banned. He also hasn't posted in some time. Probably got tired of the dog pack.
Must be the Milkbone underwear....
- #69
Thread Owner
01erniemac said:All settlements in Arizona prior to mine required the approval of the judge to be valid. My settlement was never presented to the judge for her approval by SC until after the dismissal. Not only did the judge ignore it but the case was transferred to 2 different judges since then and neither one of them showed any interest in the settlement at all. I am off the this lawsuit and now there are only 2 remaining defendants. Dan Dan is one of them and he will be real pain for SC.
I could be wrong but I do not think Mr .Harrington is still representing SC. He was working on a contingency basis but perhaps the lawsuits are not generating enough money for both of them. The real cost of any lawsuit is in preparation of the trial as well as the trial itself. I also feel (and I could be wrong), that none of these lawsuit will ever see the light of a court room. It will take 6 to 8 years and by then, SC will be competing with Sting Ray Records from Australia. They will allow their current licenses for CDG-s to expire and be totally out of the disk business. They will be doing something similar to the karaoke channel for private home use and the gem series for KJs will be their main form of income. The lawsuits were meant to tide them over financially as they transfer operations overseas. Mr. Slep explained to me that SC signed a 3 year no competition clause in their contract with Sting Ray Records when they sold their copyrights to them back in 2007. That contract ends this month January 2011. Their is no profit for them to remain in the disk business due to so much piracy. This is why they choose to burn CDs lately instead of pressing them which is more costly and done in batches of 400 or more. As the song license run out, the disk will be discontinued. This is why their library of disks continue to grow smaller and smaller and why they went to burning disks lately. If you read my motion to dismiss, you will see why they are transferring operations to Australia. They do mot have to pay for licensing songs there like they do here in the U.S.. I am surprised Mr. Slep has not said anything against me on this thread yet. Was he banned from doing so?
Lets look at your own statements Ernie 1 at a time
key words here were "PRIOR TO MINE" all speculation on YOUR settlement could be ended by you posting it here.
anyone can easily call and confirm Mr Harrington is still very much handling the cases for SC...on this you are very wrong (maybe wishful thinking)
as has been pointed out Kurt was not banned or stopped from posting here.....Mr Slep does not need to say anything against you here.... you have said enough yourself to make that a moot point
As far as the rest of your statements well...I'll let everyone consider the source until Kurt feels the need to pop-in
Ernie methinks you are your own worst enemy...ever heard of the statement "give them some rope and let them hang themselves"?
I think you are enjoying the calm before the storm
Here we go again....
Yes, you want a microscope? Fine. Let's look at it this way: If the case was dismissed before the "settlement" then the settlement has NOTHING to do with the lawsuit. That's why a judge will ignore it - it has nothing to do with the suit. It is NOT a "settlement" because it is now a separate "contractual agreement" that Ernie is liable for. He'll need to sue SC to get it nullified or declare bankruptcy to kill it.
You have to admit though, that intimidating a settlement after the case was dismissed was a pretty crappy thing for SC to do. Their integrity shines as bright as CB's does.
Why have you decided to make it your quest to slam Ernie at every turn?
Why not contact Slep and have HIM post the settlement here? If there's "nothing to hide" then there's no reason NOT to... right? You might not like what Ernie is posting, but the difference is that Ernie's not afraid to post - unlike your karaoke disc guru, Slep.
Kurt won't post here because his posts will come back to haunt him, again.
Are you wearing a badge that says; "SC defender to the death?" Methinks your priorities are in the wrong place. Perhaps you should postpone purchasing karaoke discs and searching for Craiglist pirates until you have your healthcare issues (surgery) completed. The karaoke discs can wait, your health won't.
(besides, we're not done torturing you yet...) :winkpill:
Yes, you want a microscope? Fine. Let's look at it this way: If the case was dismissed before the "settlement" then the settlement has NOTHING to do with the lawsuit. That's why a judge will ignore it - it has nothing to do with the suit. It is NOT a "settlement" because it is now a separate "contractual agreement" that Ernie is liable for. He'll need to sue SC to get it nullified or declare bankruptcy to kill it.
You have to admit though, that intimidating a settlement after the case was dismissed was a pretty crappy thing for SC to do. Their integrity shines as bright as CB's does.
Why have you decided to make it your quest to slam Ernie at every turn?
Why not contact Slep and have HIM post the settlement here? If there's "nothing to hide" then there's no reason NOT to... right? You might not like what Ernie is posting, but the difference is that Ernie's not afraid to post - unlike your karaoke disc guru, Slep.
Kurt won't post here because his posts will come back to haunt him, again.
Are you wearing a badge that says; "SC defender to the death?" Methinks your priorities are in the wrong place. Perhaps you should postpone purchasing karaoke discs and searching for Craiglist pirates until you have your healthcare issues (surgery) completed. The karaoke discs can wait, your health won't.
(besides, we're not done torturing you yet...) :winkpill:
- #71
Thread Owner
Chip
First thank you for your concern about my health.
As far as why I continue to post on this issue it is simply because I REALLY REALLY dislike misinformation being spread.
I am FULLY behind SC/CB/STELLAR actions to combat piracy and have explained why many times in many posts.
I am sure that Kurt will respond to Ernies posts when he feels the desire and has the time to do so...I have had alot of time to be on these boards (due to my health issues) I doubt Kurt has the same luxury.
The reason I requested Ernie post "his settlement" here and not kurt is because Ernie is the one repeatedly refering(sp?) to it.
Again I ask you to look at the timeline...the settlement or "contractual agreement" as you prefer to say was reached before the case was dismissed so "no harm.... no foul"
Peace to all
First thank you for your concern about my health.
As far as why I continue to post on this issue it is simply because I REALLY REALLY dislike misinformation being spread.
I am FULLY behind SC/CB/STELLAR actions to combat piracy and have explained why many times in many posts.
I am sure that Kurt will respond to Ernies posts when he feels the desire and has the time to do so...I have had alot of time to be on these boards (due to my health issues) I doubt Kurt has the same luxury.
The reason I requested Ernie post "his settlement" here and not kurt is because Ernie is the one repeatedly refering(sp?) to it.
Again I ask you to look at the timeline...the settlement or "contractual agreement" as you prefer to say was reached before the case was dismissed so "no harm.... no foul"
Peace to all
Loneavenger said:Ernie Settled, Kurt made mention in a previous post about him being paid in full, i went back and read through their posts back and forth
We'll have to agree to disagree, Lone. It is my understanding that Ernie made a couple of small payments before SC screwed up on the shipment of discs, as posted on the forum, and that ended the payments. The original settlement was never paid in full, or even more than a slight percentage. SC lost the case.
EDIT: My oops. I missed Ernie's posts, so this one was repetitive. Sorry.
Next up: Dan Dan....
c. staley said:Here we go again....
Why have you decided to make it your quest to slam Ernie at every turn?
Why not contact Slep and have HIM post the settlement here? If there's "nothing to hide" then there's no reason NOT to... right? You might not like what Ernie is posting, but the difference is that Ernie's not afraid to post - unlike your karaoke disc guru, Slep.
Kurt won't post here because his posts will come back to haunt him, again.
Or, you might try giving Ernie a call... Remember my thread about calling folks in the other camp? Why not give it a shot? He's posted his number....
c. staley said:Are you wearing a badge that says; "SC defender to the death?" Methinks your priorities are in the wrong place.
Are you wearing a badge that says; "SC prosecutor to the death?" Methinks your priorities are in the wrong place.
Pot/Kettle, etc.
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I am sure if anyone would call Mr. Harrington and ask if he is still on the case, he would say yes. because I have done it in the past. I asked him because little things he did or failed to do told me otherwise. Perhaps he is a busy man and time is money. I just find it strange that shortly after my last batch of posts, I was upset because I could not legally pick up a new venue called "Fuzzy's" because my 2nd set of CDG-s was 2 months late. I came here to find Mr. Slep to inquire about the late shipment. He told me in a personal e-mail that they were shipped to his private Detective here in Phoenix and he was suppose to contact me and hold the disks (hostage) until I disclosed or (Coughed Up) the locations of my venues so he could inspect and see that each venue had the original disks in compliance with the settlement terms. Mr. Slep did not think I would want to meet with his detective or cooperate with him because he was the same person who originally served me for the lawsuit (1 day before it was to expire). According to the personal e-mail, Mr. Slep wanted to "entice" me to meet with the detective so he sent the disks to him instead. According to the detective on the phone, Mr. Slep also sent copies of our statements from this web-site to keep a record of everything I tell you good people. If you go back and read Mr.Slep's responses to my inquiries about the missing disks, he comes off as bewildered and unknowing to all of you but he knew exactly what he was doing.
I responded back explaining I had no desire to meet with his detective and according to the terms of the settlement, the disks were to be shipped directly to me. In other words, if he did not get me the disks in a timely manor, I could have submitted another Motion To Dismiss for violation of the Settlement Agreement, (which I thought was in place and waiting final approval from the judge). The next weekend I received an e-mail from Mr. Slep saying he was in Phoenix and I could meet with him in person to receive the disks. At first I agreed but I later thought it was extremely unusual for the Plaintiff and Defendant to meet while he was suppose to be represented by council Mr. James Harrington. At 2 AM I wrote an e-mail to Mr. Slep explaining this issue. I was advised from an attorney friend of mine not to meet with him at 9 AM the next morning. At 7AM, I received a lengthy voice mail from Mr. Harrington telling me to go ahead and meet with his client Mr. Slep to resolve our issues. I found this as highly irregular for an attorney to give the green light for me to meet with his client without his council being present. Because of this and and the failure of Mr. Harrington to respond to a Federal Judge to show good cause why my Motion to Dismiss shouldn't be granted after 10 days, I can't help but wonder if he is still on the case of all these lawsuits nation-wide. Is Mr. Slep looking for another attorney to take on this heavy load on a contingency bases?
No, I do not want or need a microphone, I simply feel that if there is 1 person out there falsely accused and going through Hell, I write this to offer a small ray of hope that this legal nightmare will hopefully come to an end for all of us.
I responded back explaining I had no desire to meet with his detective and according to the terms of the settlement, the disks were to be shipped directly to me. In other words, if he did not get me the disks in a timely manor, I could have submitted another Motion To Dismiss for violation of the Settlement Agreement, (which I thought was in place and waiting final approval from the judge). The next weekend I received an e-mail from Mr. Slep saying he was in Phoenix and I could meet with him in person to receive the disks. At first I agreed but I later thought it was extremely unusual for the Plaintiff and Defendant to meet while he was suppose to be represented by council Mr. James Harrington. At 2 AM I wrote an e-mail to Mr. Slep explaining this issue. I was advised from an attorney friend of mine not to meet with him at 9 AM the next morning. At 7AM, I received a lengthy voice mail from Mr. Harrington telling me to go ahead and meet with his client Mr. Slep to resolve our issues. I found this as highly irregular for an attorney to give the green light for me to meet with his client without his council being present. Because of this and and the failure of Mr. Harrington to respond to a Federal Judge to show good cause why my Motion to Dismiss shouldn't be granted after 10 days, I can't help but wonder if he is still on the case of all these lawsuits nation-wide. Is Mr. Slep looking for another attorney to take on this heavy load on a contingency bases?
No, I do not want or need a microphone, I simply feel that if there is 1 person out there falsely accused and going through Hell, I write this to offer a small ray of hope that this legal nightmare will hopefully come to an end for all of us.
Bazza said:Are you wearing a badge that says; "SC prosecutor to the death?" Methinks your priorities are in the wrong place.
Pot/Kettle, etc.
Methinks not. One of these days Bazza, we'll sit down and I'll explain it to you... it all began 10 years ago and I NEVER forget. Call it "quid pro quo."
Badges? We don't need no steenkeen badges!
quid pro quo [ kwìd pr? kw? ]
1. something done in exchange: something given or done in exchange for something else
2. returning of favor: the giving of something in return for something else, often in a spirit of cooperation
KEY WORDS: exchange, favor, giving, cooperation
Since it is obviously not in a spirit of cooperation, and there are no details forthcoming from the source, I'll call it a vendetta.
Vendetta [ v?n-d?t'? ]
1. A feud between two families or clans that arises out of a slaying and is perpetuated by retaliatory acts of revenge; a blood feud.
2. A bitter, destructive feud.
KEY WORDS: feud, retaliatory, revenge, bitter, destructive
A vendetta apparently based on a grudge.
grudge [ gruj ]
1. resentment: a feeling of resentment or ill will, especially one lasting for a long time
2. give something reluctantly: to allow, give, or do something reluctantly
3. envy something: to be envious or resentful of somebody for something
I'll admit, I've often wondered at the strength of motivation behind the sarcasm and vitriol. I realize that I was mistaken when I assumed that there was a rationale behind the behavior. It seems to be a personal matter, but that is mere speculation. Something so heinous that 10 years later, there is still no end game in sight. What is the average lifespan of a grudge?
quid pro quo [ kwìd pr? kw? ]
1. something done in exchange: something given or done in exchange for something else
2. returning of favor: the giving of something in return for something else, often in a spirit of cooperation
KEY WORDS: exchange, favor, giving, cooperation
Since it is obviously not in a spirit of cooperation, and there are no details forthcoming from the source, I'll call it a vendetta.
Vendetta [ v?n-d?t'? ]
1. A feud between two families or clans that arises out of a slaying and is perpetuated by retaliatory acts of revenge; a blood feud.
2. A bitter, destructive feud.
KEY WORDS: feud, retaliatory, revenge, bitter, destructive
A vendetta apparently based on a grudge.
grudge [ gruj ]
1. resentment: a feeling of resentment or ill will, especially one lasting for a long time
2. give something reluctantly: to allow, give, or do something reluctantly
3. envy something: to be envious or resentful of somebody for something
I'll admit, I've often wondered at the strength of motivation behind the sarcasm and vitriol. I realize that I was mistaken when I assumed that there was a rationale behind the behavior. It seems to be a personal matter, but that is mere speculation. Something so heinous that 10 years later, there is still no end game in sight. What is the average lifespan of a grudge?
KJSandman said:What is the average lifespan of a grudge?
It is not a vendetta and there is no statute of limitations.
- #80
Thread Owner
Ernie...
Most of the information you are wanting everyone to believe could be clarified if you would post your agreement. Based purely upon settlement agreements I have seen from people in my area. I do not think it stated discs were to be sent directly to you....I think you assumed that was the case....but I could be wrong. SC could have changed the paperwork since your agreement was drafted but unless we see it that answer can not be deduced.
I do not think that Mr. Harrington will be the only Attny handling cases nationwide...I would think that any one law firm would have a very hard time devoting resources and time to the sheer number of cases SC will be proceeding with. It is only logical that diffrent law firms would be dealing with diffrent areas and/or cases.
Having been named in an "intent to sue" and having proved our inoccence I can assure everyone that if you are legit and respond and request your audit promptly...there is no "hell to go through"
I continue to post on these boards in support of SC/CB/Stellar actions and to inform anyone that finds their way here like I did that the Manus are not "boogie men" and how they can go about protecting themselves and the venues they work at.
Hope is a priceless item....the actions of the manus provide hope that OUR industry will survive the actions of the pirates...for those that are legal the nightmare is not a legal one but a piracy one.
Again I state "I think you are your own worst enemy" I feel empathy for you and hope things do not end as badly for you as I think they will.
Most of the information you are wanting everyone to believe could be clarified if you would post your agreement. Based purely upon settlement agreements I have seen from people in my area. I do not think it stated discs were to be sent directly to you....I think you assumed that was the case....but I could be wrong. SC could have changed the paperwork since your agreement was drafted but unless we see it that answer can not be deduced.
I do not think that Mr. Harrington will be the only Attny handling cases nationwide...I would think that any one law firm would have a very hard time devoting resources and time to the sheer number of cases SC will be proceeding with. It is only logical that diffrent law firms would be dealing with diffrent areas and/or cases.
Having been named in an "intent to sue" and having proved our inoccence I can assure everyone that if you are legit and respond and request your audit promptly...there is no "hell to go through"
I continue to post on these boards in support of SC/CB/Stellar actions and to inform anyone that finds their way here like I did that the Manus are not "boogie men" and how they can go about protecting themselves and the venues they work at.
Hope is a priceless item....the actions of the manus provide hope that OUR industry will survive the actions of the pirates...for those that are legal the nightmare is not a legal one but a piracy one.
Again I state "I think you are your own worst enemy" I feel empathy for you and hope things do not end as badly for you as I think they will.
