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Guest
Guest
Of course this is just my opinion:
The manus seek permission to "reproduce" a version of a copyright holders song, it is my belief that the "reproduced" version of the song (since it is not the original version) is then protected under the copyright no matter how good or bad it is.
As far as shifting the ownership of the catalog does it really matter?
For the misconception that the courts will do an audit, what happens is the manu suing you will request through discovery all of your disc, your song books, your computers etc. and they will do their own audit. If you refuse the courts will order you to produce them and the manu will still do the audit. Don't produce them and the court can declare you to be in default and rule against you. As far as filing a counter suit part of the system is non suit so if the manu doesn't find anything in discovery they have the option of non suiting a case without predjudice, this means they can bring it back at a later date if new evidence comes forward or let it go without santion (or being subject to your countersuit). Either way the simplest and cheapest solution (if you are 1:1) is to submit to the audit or if you are a pirate to settle.
The courts do not decide to do the audit that is done during discovery and does not even require a filing (or motion to the court) it is simply a request from one party to another, not complying with a discovery request will result in a motion to compel to the court. This means that there will be a hearing on the motion to compel (and the cost goes up for both the plaintiff and the respondent) at this point the plaintiff will tell the judge the reason an audit needs to be done (obvious) and the respondent will tell the judge his/her reason that they don't think the information requested is needed. Then the judge will decide which side is correct and order (along with santions for attorney's fees) that the information be supplied or not supplied. If the respondent is really really lucky the judge will rule in their favor, and the manu will simply non-suit the case and continue to or step up the level of investigation on that person and bring it back later when they have a more concrete level of evidence that no longer requires an audit through discovery.
Joe you really don't have any understanding of what a countersuit is or what is required do you? These suits are about the logos and it really makes no difference what they are attached to (which by the way they are not attached to anything but the disc) the sound can be turned off and the song is never heard but the logo is still there. When would you file a countersuit?
The manus seek permission to "reproduce" a version of a copyright holders song, it is my belief that the "reproduced" version of the song (since it is not the original version) is then protected under the copyright no matter how good or bad it is.
As far as shifting the ownership of the catalog does it really matter?
For the misconception that the courts will do an audit, what happens is the manu suing you will request through discovery all of your disc, your song books, your computers etc. and they will do their own audit. If you refuse the courts will order you to produce them and the manu will still do the audit. Don't produce them and the court can declare you to be in default and rule against you. As far as filing a counter suit part of the system is non suit so if the manu doesn't find anything in discovery they have the option of non suiting a case without predjudice, this means they can bring it back at a later date if new evidence comes forward or let it go without santion (or being subject to your countersuit). Either way the simplest and cheapest solution (if you are 1:1) is to submit to the audit or if you are a pirate to settle.
The courts do not decide to do the audit that is done during discovery and does not even require a filing (or motion to the court) it is simply a request from one party to another, not complying with a discovery request will result in a motion to compel to the court. This means that there will be a hearing on the motion to compel (and the cost goes up for both the plaintiff and the respondent) at this point the plaintiff will tell the judge the reason an audit needs to be done (obvious) and the respondent will tell the judge his/her reason that they don't think the information requested is needed. Then the judge will decide which side is correct and order (along with santions for attorney's fees) that the information be supplied or not supplied. If the respondent is really really lucky the judge will rule in their favor, and the manu will simply non-suit the case and continue to or step up the level of investigation on that person and bring it back later when they have a more concrete level of evidence that no longer requires an audit through discovery.
Joe you really don't have any understanding of what a countersuit is or what is required do you? These suits are about the logos and it really makes no difference what they are attached to (which by the way they are not attached to anything but the disc) the sound can be turned off and the song is never heard but the logo is still there. When would you file a countersuit?
