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The Derailed Thread

Directly from SBI President on Karaoke Downloads

JoeChartreuse said:
That means that they can't be hooked for Trademark Infringement, because they too are running mfrs. original product, right?

No, because it doesn't fall under alteration of product, but rather under unauthorized display.
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
So, you freely admit of your own will to removing the trade dress and trademarks from Chartbuster Karaoke product? You freely admit to adding your own trade dress in its place? You freely admit to attaching un-approved advertisements to our intellectual property?

What a load of crap! Can you show me the license you have to "freely advertise" in any of MY SHOWS? If I want to remove your advertising logo on the playback, warble the audio, drop the key 10 times or do anything else, you are powerless to do ANYTHING and you know it.

You're simply trying to convince unknowing KJ's that you somehow have bestowed upon yourself some type of "partnership" and the KJ is a minor partner. Remember: YOU'RE the VENDOR..... the KJ is the CUSTOMER.... you are not a "partner" and by no means a "superior."



Chartbusterette said:
Actually, the legal team is more than eager to take this all the way through the courts. Thus far we haven't seen any precedent. Perhaps you'll be the one to step forward, yes?

I'm sure that the legal team is "eager" but I don't think you'll have any insurance companies footing the bill for your defense afterward... do you?

It's amazing that the moderators here will simply let a manufacturer threaten and attempt to bully anyone on these boards.
 
Directly from SBI President on Karaoke Downloads

c. staley said:
What a load of crap! Can you show me the license you have to "freely advertise" in any of MY SHOWS? If I want to remove your advertising logo on the playback, warble the audio, drop the key 10 times or do anything else, you are powerless to do ANYTHING and you know it.

Quite the contrary. Let's take an example shall we? Say you record the broadcast of the Superbowl, and then using various editing tools, remove the NFL logos, the team logos and the commercials, and then replace them with your own or those of your business partners. You leave the rest of the game unchanged. You then play that altered version in a public performance. Do you think the NFL has a beef with you? Do you think that falls under "fair use?"

c. staley said:
You're simply trying to convince unknowing KJ's that you somehow have bestowed upon yourself some type of "partnership" and the KJ is a minor partner. Remember: YOU'RE the VENDOR..... the KJ is the CUSTOMER.... you are not a "partner" and by no means a "superior."

I'm going to state this very simply: we are the content owners of our own intellectual property. As is prominently displayed on each of our releases following the copyright notice, "All Rights Reserved." That means any right not granted to you by the government is reserved to us. That includes the right to rip up our intellectual property and replace wholesale parts of it with your own devices.

c. staley said:
I'm sure that the legal team is "eager" but I don't think you'll have any insurance companies footing the bill for your defense afterward... do you?

That's a straw dog, as you are well aware. But then, you are fond of putting little jabs like that in your posts, statements that add nothing to the debate but that are intended only to inflame, in lieu of actual substantive contribution, aren't you?

c. staley said:
It's amazing that the moderators here will simply let a manufacturer threaten and attempt to bully anyone on these boards.

Um, right. Defending our copyright is "bullying" and promising legal action on those who violate it is "threatening." Appeal to the moderators if you think we're out of line. We'll abide by their decisions willingly.
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
Quite the contrary. Let's take an example shall we? Say you record the broadcast of the Superbowl, and then using various editing tools, remove the NFL logos, the team logos and the commercials, and then replace them with your own or those of your business partners. You leave the rest of the game unchanged. You then play that altered version in a public performance. Do you think the NFL has a beef with you? Do you think that falls under "fair use?"

Sure "let's take an example"... but LET'S MAKE IT A FAIR EXAMPLE. You are now changing the rules by adding the stipulation of "recording and THEN editing."

Proformance never said a word about "recording, then editing" anything, YOU did. Makes it easier to look like a victim when you change the rules to suit you doesn't it?

Chartbusterette said:
I'm going to state this very simply: we are the content owners of our own intellectual property. As is prominently displayed on each of our releases following the copyright notice, "All Rights Reserved." That means any right not granted to you by the government is reserved to us. That includes the right to rip up our intellectual property and replace wholesale parts of it with your own devices.

If I wish to "rip up" anything on the playback -including your unwelcomed and unauthorized advertising logo - it is well within my right to do so.



Chartbusterette said:
That's a straw dog, as you are well aware. But then, you are fond of putting little jabs like that in your posts, statements that add nothing to the debate but that are intended only to inflame, in lieu of actual substantive contribution, aren't you?

Not at all. I'm simply saying that your business insurance won't cover the cost of this type of litigation, just as it hasn't in the past.



Chartbusterette said:
Um, right. Defending our copyright is "bullying" and promising legal action on those who violate it is "threatening." Appeal to the moderators if you think we're out of line. We'll abide by their decisions willingly.

How many years has Compuhost, MTU, Tricerasoft, Sax n' Dotties, RoxBox, Sack-0-nuts, MP3G tools, and others been out... selling their products to "copy your content for commercial use" and you certainly didn't do diddly squat about it? Now you want to threaten every KJ on the planet? How about suing a few of these software "enablers" because they specifically sell their products to copy yours FOR COMMERCIAL USE and your refusal to stop that kind of action speaks volumes doesn't it?

Still waiting the proof you claim you have that the SGB library you supposedly purchased has the "registered copyrights" you claim they have. Show me the copyrights on those tracks you'd like to defend.

So yes, "threatening and bullying" would be the correct nomenclature. Unless you prefer "bluffing" instead?
 
Directly from SBI President on Karaoke Downloads

c. staley said:
Sure "let's take an example"... but LET'S MAKE IT A FAIR EXAMPLE. You are now changing the rules by adding the stipulation of "recording and THEN editing."

The recording would make it easier to edit. If you could make those edits on the fly, the same violations would still occur. But of course, you know that already, you are merely trying to throw a red herring into the mix because you have no answer, do you?

c. staley said:
If I wish to "rip up" anything on the playback -including your unwelcomed and unauthorized advertising logo - it is well within my right to do so.

No you don't. "All Rights Reserved." It's not fair use, it's not parody, and it's not educational. If you are performing the same type of edits, then you are in violation as well. Are you?

c. staley said:
Not at all. I'm simply saying that your business insurance won't cover the cost of this type of litigation, just as it hasn't in the past.

You don't know what our insurance policies and riders are. You are just blowing smoke for the sake of trying to appear like you know more than you do. Furthermore, that's another straw dog, as you are alluding to us being a defendant, not a plaintiff.

c. staley said:
How many years has Compuhost, MTU, Tricerasoft, Sax n' Dotties, RoxBox, Sack-0-nuts, MP3G tools, and others been out... selling their products to "copy your content for commercial use" and you certainly didn't do diddly squat about it? Now you want to threaten every KJ on the planet? How about suing a few of these software "enablers" because they specifically sell their products to copy yours FOR COMMERCIAL USE and your refusal to stop that kind of action speaks volumes doesn't it?

It certainly does speak volumes... about copyright law. We can't touch the toolmakers, as long as the tools have valid uninfringing uses, any more than we could sue the makers of locksmith tools if a burglar uses them to break into our house.

c. staley said:
Still waiting the proof you claim you have that the SGB library you supposedly purchased has the "registered copyrights" you claim they have. Show me the copyrights on those tracks you'd like to defend.

Why, Mr. Staley, as I've already said multiple times, simply send me your real name and address and I'd be happy to send you all of that paperwork, at our own expense.

c. staley said:
So yes, "threatening and bullying" would be the correct nomenclature. Unless you prefer "bluffing" instead?

I invite you to test that theory. Videotape such a performance by yourself and send it to me.

Unless you lack the courage of your own convictions.
 
Directly from SBI President on Karaoke Downloads

Proformance said:
4.) You are now relying on the opinions of me and other people to instruct you in that which you won't bother to study yourself.
[/I]

This line is relevant to ALL debates in ANY forum. If one doesn't believe what another is saying, one should DO THE WORK, research, and find out for one's self. One won't believe what their debating adversary says or posts no matter what - and proven here, anyway.

It doesn't matter what "camp" you're in, or "side" you're on- an internet forum is not the place of definites.
 
Directly from SBI President on Karaoke Downloads

Bazza said:
1) Uh huh.



2) Your words, not mine. Sure doesn't sound like a "what if" question to me.



3) For a guy who claims to be a neutral player watching from the fringe, you sure make a lot of biased claims.

4) How exactly do you know what GEM sales are or what their current stock situation is?
Or is this another of your "questions" and not a statement of fact? :rolleyespill:

1) It's still there- go read it.

2) With all due respect, I'm not responsible for others' interpretations of what I write. I will say that in normal usage, a question mark DOES indicate question. . However, I recently posted a "Clarification" thread because I felt like it.

3) Who said I was neutral? Not me- EVER. I merely said that I am unaffected by much of what is happening. Neutral?!? Hell no, I'm incensed on an ethical level, and at the very least non-plussed on the business level. This goes for actions by the manufacturers AND KJs both.

This is what I mean about interpretation. Neutral? I've been called a lot of things, but NO ONE has accused me of claiming that- not after all of the posts over all of this time.

I can't even imagine where the thought of me being neutral came from. If you mean that my posts aren't ALL anti-mfr, or ALL anti- whatever- the- " other side"- is either, you're right. Both "camps". make good points and bad. I am not "aligned" to anyone or group.

I do the same thing when I vote- not aligned to any one party.


4) Since I have already explained the mangling of my post in regard to this, I would repeat the same advice. go back and read it. I said that the deadline WOULD ( The deadline was still not proven fact at that time) make the GEM supply finite- which would mean that SC WOULD have had to load up prior to that deadline.
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
If you could make those edits on the fly, the same violations would still occur.

No, they wouldn't.

Stay in school Chartbusterette.
 
Directly from SBI President on Karaoke Downloads

Proformance said:
No, they wouldn't.

Brilliant argument: "No they wouldn't." In what world does your saying it make it not so?
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
Unless you lack the courage of your own convictions.

It's not our lack or courage or conviction - it's the lack of respect you've earned.
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
No, because it doesn't fall under alteration of product, but rather under unauthorized display.


Um, the above was in answer to a supposition/hypothotheses that I made up based on the untrue premise that altered product is still OEM original. I was creating an example. It wasn't important.

However, if your hook is unauthorized display, it raises a question for me:

What would make it,or any display of your logo authorized? I'm not being confrontational. What I mean is what is the process that would make it authorized?

Simply buying the discs to be ripped? A written authorization ( blanket or for each disc or track)? What is entailed?
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
Brilliant argument: "No they wouldn't." In what world does your saying it make it not so?

That would be this world - the one where you name drop case law; the application of which you don't actually understand.
 
Directly from SBI President on Karaoke Downloads

Chartbusterette said:
The recording would make it easier to edit. If you could make those edits on the fly, the same violations would still occur. But of course, you know that already, you are merely trying to throw a red herring into the mix because you have no answer, do you?

If I make those edits on the playback, there' nothing you can do about it and none of your rights regarding any IP property have been violated, period. If you think otherwise, then where are all the lawsuits against regular DJ's for using cuepoints, beat-on-beat mixing, scratching or any other method to "alter the original?"

You're simply blowing as much smoke as you possibly can to make it appear as though you have some of control over the USE of your product.

Nice try.

Chartbusterette said:
No you don't. "All Rights Reserved." It's not fair use, it's not parody, and it's not educational. If you are performing the same type of edits, then you are in violation as well. Are you?

How patently ridiculous. Show me the law where it's a violation.... I'll wait.... In the meantime, show me the "list of all rights reserved" in the copyright law that pertains to any alteration in THE PERFORMANCE.

Again, nice try. No cigar.



Chartbusterette said:
You don't know what our insurance policies and riders are. You are just blowing smoke for the sake of trying to appear like you know more than you do. Furthermore, that's another straw dog, as you are alluding to us being a defendant, not a plaintiff.

Yeah, right....
How's this for a reminder :
Case 3:07-cv-00370
Filed 04-06-2007
Indiana Insurance Co.
vs
Tennessee Production Center Inc.,
Norbert Stovall and Debi Stovall


Chartbusterette said:
It certainly does speak volumes... about copyright law. We can't touch the toolmakers, as long as the tools have valid uninfringing uses, any more than we could sue the makers of locksmith tools if a burglar uses them to break into our house.

Just as you can't touch a KJ who blanks out the video on playback whenever they see fit to do so.



Chartbusterette said:
Why, Mr. Staley, as I've already said multiple times, simply send me your real name and address and I'd be happy to send you all of that paperwork, at our own expense.

Nice try (again). You've NEVER offered to produce your claimed copyright registrations, as a matter of fact, you been nothing but evasive about proving their existence. Your only offer to show anything was attached to driving to your office in TN to see them.

So now show me the "multiple times" you are now claiming you've offered anything different.... I'll wait.

Chartbusterette said:
I invite you to test that theory. Videotape such a performance by yourself and send it to me.

Unless you lack the courage of your own convictions.

Stinky bait.... Besides, I wouldn't know who to address it to - it appears as though 3 people write under your name....
 
Directly from SBI President on Karaoke Downloads

JoeChartreuse said:
2) With all due respect, I'm not responsible for others' interpretations of what I write. I will say that in normal usage, a question mark DOES indicate question.

(Snaps Fingers) JOE! Focus! :laughpill:

The quote in question is right here. Written by you:

"SC actually has the nerve to demand a licensing fee for product that they have no right to produce or sell here, and on top of that, some KJ's actually think that this is OK."

No parentheses. No question mark. A direct quote from you. Unaltered.

JoeChartreuse said:
3) Who said I was neutral? Not me- EVER. I merely said that I am unaffected by much of what is happening. Neutral?!? Hell no, I'm incensed on an ethical level, and at the very least non-plussed on the business level. This goes for actions by the manufacturers AND KJs both.

This is what I mean about interpretation. Neutral? I've been called a lot of things, but NO ONE has accused me of claiming that- not after all of the posts over all of this time.

I can't even imagine where the thought of me being neutral came from. If you mean that my posts aren't ALL anti-mfr, or ALL anti- whatever- the- " other side"- is either, you're right. Both "camps". make good points and bad. I am not "aligned" to anyone or group.

Methinks thou doth protest too much.

OK sorry....not "Neutral, but "Non-Aligned". :rolleyespill:

JoeChartreuse said:
I would repeat the same advice. go back and read it. I said that the deadline WOULD ( The deadline was still not proven fact at that time) make the GEM supply finite- which would mean that SC WOULD have had to load up prior to that deadline.

Whether or not the supply is finite tells you nothing of the existing stock situation. You have no idea how many were made or how many have sold. Using the word "Overstock" was intentional on your part to imply lack of sales and/or a failed product.
 
Directly from SBI President on Karaoke Downloads

Bazza said:
(Snaps Fingers) The quote in question is right here. Written by you:

"SC actually has the nerve to demand a licensing fee for product that they have no right to produce or sell here, and on top of that, some KJ's actually think that this is OK."

No parentheses. No question mark. A direct quote from you. Unaltered.

.

The above quote was not the one in question. The quote above was MUCH earlier, taken out of context, and was actually in regard to discs manufactured here. Taken from a completely different and much earlier post than the one in question.

Stay focused yourself.

However, I would also add that ANY karaoke company that sells product in the U.S. that is not licensed is certainly open to and risking litigation. Do you disagree?
 
Directly from SBI President on Karaoke Downloads

Bazza said:
2) OK sorry....not "Neutral, but "Non-Aligned". :rolleyespill:



3) Whether or not the supply is finite tells you nothing of the existing stock situation. You have no idea how many were made or how many have sold. Using the word "Overstock" was intentional on your part to imply lack of sales and/or a failed product.

Oops, skipped a couple:

2) HUGE difference.

3) Not even close. I brought up the need to bring in a huge amount of product ( Because it IS finite- unless SC figures out a way to make them here with full licensing) to illustrate how much of SC's resources must be sunk into them, and not to illustrate anything else. This was fully explained in the actual post, had you read it.
 
Directly from SBI President on Karaoke Downloads

JoeChartreuse said:
The above quote was not the one in question. The quote above was MUCH earlier, taken out of context, and was actually in regard to discs manufactured here. Taken from a completely different and much earlier post than the one in question. Stay focused yourself.

JEEZ this is like trying to get a dog to watch TV.

It is the comment THAT I questioned from the start of this as evidenced by the QUOTE box encompassing it in every post!. It isn't out of context at all! In fact it appears to stand alone.

JoeChartreuse said:
However, I would also add that ANY karaoke company that sells product in the U.S. that is not licensed is certainly open to and risking litigation. Do you disagree?

You assert that the GEM discs from SC are illegal. That is the word you choose to use so often. No, I do not believe that they are illegal.

JoeChartreuse said:
2) HUGE difference.

Oh yeah, light years. :laughpill:

JoeChartreuse said:
3) Not even close. I brought up the need to bring in a huge amount of product ( Because it IS finite- unless SC figures out a way to make them here with full licensing) to illustrate how much of SC's resources must be sunk into them, and not to illustrate anything else. This was fully explained in the actual post, had you read it.

This "full explains" nothing as to the use of the word "Overstock". You simply do not have a clue as to the Sound Choice stockroom quantities. For all we know, the GEM series may be close to sold out.
 
Directly from SBI President on Karaoke Downloads

Bazza said:
JEEZ this is like trying to get a dog to watch TV.

1) It is the comment THAT I questioned from the start of this as evidenced by the QUOTE box encompassing it in every post!. It isn't out of context at all! In fact it appears to stand alone.



2) You assert that the GEM discs from SC are illegal. That is the word you choose to use so often. No, I do not believe that they are illegal.



3) Oh yeah, light years. :laughpill:



3) This "full explains" nothing as to the use of the word "Overstock". You simply do not have a clue as to the Sound Choice stockroom quantities. For all we know, the GEM series may be close to sold out.

1) It doesn't, and it was out of context.

2) The Gem series is unlicensed in the U.S., and therefore open to litigation. I'm don't know why this is hard for you, but most understand that lack of licensing is a bad thing.....

3) That's about right- Neutral is HUGELY different from not aligned- another comprehension difficulty?

4) Yup, they could be close to sold out, though I have HUGE doubts- but pretend it's true-so what happens next? Please share....
 
And who exactly is charged with "auditing" their stock against their sales records?

This is like "National Lampoon's Vegas Vacation" to them I'm sure; "Clark, it's all-you-can-eat, we only need one plate."
 
Directly from SBI President on Karaoke Downloads

JoeChartreuse said:
It doesn't, and it was out of context.

LOL...OK Joe. That seems to be your patent excuse whenever something you say is is questioned or debated these days. "Out of Context", "Go re-read", "Comprehension difficulties", "You prove ME wrong", etc. Seems you have taken a page from Thunders book. :laughpill:

JoeChartreuse said:
The Gem series is unlicensed in the U.S., and therefore open to litigation. I'm don't know why this is hard for you, but most understand that lack of licensing is a bad thing.....

But it is licensed. The parties have been paid.

JoeChartreuse said:
That's about right- Neutral is HUGELY different from not aligned- another comprehension difficulty?

A writer who continually blames his readers for not comprehending his intent, needs to improve his writing abilities.

JoeChartreuse said:
Yup, they could be close to sold out, though I have HUGE doubts- but pretend it's true-so what happens next? Please share....

I have no idea. Neither do you, which is my point.
 
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