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PostPosted: Sat Apr 02, 2011 4:30 am 
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cool, there is a permanent injunction in black and white.
thank you Chip
has anybody found the list of songs? i searched many times before, but can find nothing. hell, i could note even come across this court order.
apparently i suck at searching online.

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PostPosted: Sat Apr 02, 2011 4:42 am 
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Paradigm Karaoke wrote:
cool, there is a permanent injunction in black and white.
thank you Chip
has anybody found the list of songs? i searched many times before, but can find nothing. hell, i could note even come across this court order.
apparently i suck at searching online.

I can post it later because I will be gone most of today through this evening. (Posting from my phone so I don't have access right now.)

If this injunction was modified in anyway there would be something in the court file. There isn't.


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PostPosted: Sat Apr 02, 2011 10:25 am 
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Paradigm Karaoke wrote:
cool, there is a permanent injunction in black and white.
thank you Chip
has anybody found the list of songs? i searched many times before, but can find nothing. hell, i could note even come across this court order.
apparently I suck at searching online.


I have seen that "injuction and dismisal with prejudice" but knowing how to read I want to note something that many appear to be missing, this was in response to and part of a settlement agreement and the injuction is against infringement of copyrights of the music held by Famous Music. What the manus and the copyright holders work out after that have no effect and Famous Music could have issued permission to Chartbuster to produce karaoke versions of every single song held by them.

Chartbuster never stated that this did not exist in fact they said several times that it did and they also said that every song in their current releases was licensed. The contention then becomes "current releases" (that would be what they currently offer for sale). Has anybody bothered to look at what they currently offer for sale. Take a look and then look up on the BMI, ASCAP and SESAC data bases for songs owned by Famous Music and compare that too the Chartbuster library and you will have the real answer.


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PostPosted: Sat Apr 02, 2011 10:56 am 
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Virgin Karaoke f.k.a.Thunder, Steve Miller, Michael Handy, Mick wrote:
Paradigm Karaoke wrote:
cool, there is a permanent injunction in black and white.
thank you Chip
has anybody found the list of songs? i searched many times before, but can find nothing. hell, i could note even come across this court order.
apparently I suck at searching online.


I have seen that "injuction and dismisal with prejudice" but knowing how to read I want to note something that many appear to be missing, this was in response to and part of a settlement agreement and the injuction is against infringement of copyrights of the music held by Famous Music. What the manus and the copyright holders work out after that have no effect and Famous Music could have issued permission to Chartbuster to produce karaoke versions of every single song held by them.


I suppose then they would have had to re-record these song too since the injunction included permanent destruction of the master tapes..... Or "Famous Music could have" done anything including made them ice cream cones.... simply post the proof here... The PROOF of the injunction is a FACT.

Virgin Karaoke f.k.a.Thunder, Steve Miller, Michael Handy, Mick wrote:
Chartbuster never stated that this did not exist in fact they said several times that it did and they also said that every song in their current releases was licensed. The contention then becomes "current releases" (that would be what they currently offer for sale). Has anybody bothered to look at what they currently offer for sale. Take a look and then look up on the BMI, ASCAP and SESAC data bases for songs owned by Famous Music and compare that too the Chartbuster library and you will have the real answer.


So what? New releases doesn't prove anything but that's easier to point to a mirror than produce the proof isn't it? The ball is now in Chartbuster's court... let's see if they do anything other than "chin wagging."

And by the way....

here is the list of songs (Exhibit A) of the injunction...

http://dkusa.com/CHB/EXhibitAFamous.pdf


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PostPosted: Sat Apr 02, 2011 3:46 pm 
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I just did a search of 10 random picks from the list that Chip posted and then looked the songs up on Chartbuster's CURRENT RELEASES and they were 10 for 10 on Chartbusters offerings, like I said knowing how to read and understanding it has a lot to do with it.

Now I have to go to work!


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PostPosted: Sat Apr 02, 2011 5:23 pm 
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Thanks Chip, that is the list that even Chartbuster was asking for on many threads about this. sure, they probably have it, but i see it was not that hard for some to post.
by the way, if i may ask, where did you find it? i could not find it to save my life.

and i guess if they are back on the presses after a legal permanent injunction, Famous, or more likely Sony who bought Famous, made arrangements to license them or they would be in some really hot water right now for ignoring a direct court order. at least they are licensed now.

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PostPosted: Sat Apr 02, 2011 8:52 pm 
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Paradigm Karaoke wrote:
Thanks Chip, that is the list that even Chartbuster was asking for on many threads about this. sure, they probably have it, but i see it was not that hard for some to post.


Paradigm Karaoke wrote:
by the way, if i may ask, where did you find it? i could not find it to save my life.


I have a Pacer account. The account lets you search all the courts for this stuff and when you find something you want, it's only 8 CENTS a page... and if you use less than $10 in a year, it's FREE...

Paradigm Karaoke wrote:
and i guess if they are back on the presses after a legal permanent injunction, Famous, or more likely Sony who bought Famous, made arrangements to license them or they would be in some really hot water right now for ignoring a direct court order. at least they are licensed now.


Not necessarily. Remember that this is a permanent injunction that is enforced by the court. If they've made a deal with the plaintiff, they're certainly refusing to prove it aren't they? What's the problem? I guess their own customers don't deserve honesty.

Oh well, back to "chin wagging" I guess.

Your welcome. And yes, they would have to have it because it's a court order.


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PostPosted: Sat Apr 02, 2011 9:00 pm 
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Virgin Karaoke f.k.a.Thunder, Steve Miller, Michael Handy, Mick wrote:
I just did a search of 10 random picks from the list that Chip posted and then looked the songs up on Chartbuster's CURRENT RELEASES and they were 10 for 10 on Chartbusters offerings, like I said knowing how to read and understanding it has a lot to do with it.

Now I have to go to work!


Great. Now how about finding out why this supplier isn't letting you "read and understand" how this can happen with a permanent injunction. Just because they sell the songs doesn't mean anything.


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PostPosted: Sat Apr 02, 2011 11:24 pm 
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Paradigm Karaoke wrote:
JoeChartreuse wrote:
Thunder wrote:
[
LOL Toger you are started to sound like Joe and Chip, The ones who are audited on Skype won't be the ones going to court! :mrgreen:


Why should anyone audit for a mfr.? They are not a law enforcement agency, and most of them have produced unlicensed ( in the US) music. They have no authority to even ASK for an audit. Also, the audit isn't even to "Prove Innocence"- which would be bad enough- but to give the mfrs. the impetus to break horns further, i.e. " Gee if they won't do the audit, maybe we have leverage". An audit does absolutely NOTHING for a KJ.


ok, so just remove all your U.S. produced discs and you can continue with this rant. as long as you continue to use and support them, you are no better than the rest of us.

JoeChartreuse wrote:
I should mention that most of these thoughts are directed toward SC audits. I really have no issues with the other companies.


ok, fair enough. disagreeing with one manus business practices is cool.

JoeChartreuse wrote:
However, I should mention that I have a copy of a permanent injunction against CB, covering 180+ songs. I must assume it is still in effect, as I have asked them about the current licensing of these tracks FOUR TIMES, and they evaded the subject.


ok. post it. CB has said it does not exist, prove them wrong, or is this where you tell me to do it myself because you do not really have it?

JoeChartreuse wrote:
Since most of the US mfrs. were a tad short on licensing this makes them no worse than anyone else.


yup, they f**ked up and admitted it, and payed heavily for it. most major corporations have f**ked up at some point, been sued and paid out the whazoo for it. if they learned and moved on, cool. i know, SC has NO U.S. licensing for anything they have. i and many others are still waiting for any proof whatsoever of that.....oh....wait....i know.....go look it up myself as you do not have it to post.

JoeChartreuse wrote:
The SC problem that I have is their attempt to coerce settlements on their unlicensed product, and also to requst LICENSING FEES ( The Gem Series) on product that is unlicensed in the US. Of course, a KJ that pays this fee is equally culpable.


so it is ok if you wanted to copy your 8125 15 times? of course not, but for them to say you are doing wrong is wrong? they paid the fees, and the damages after the fact, got spanked, and had to destroy 1000 copies of the discs after paying for them to be printed. not like they made them and said "oh, sorry, we wont do it again" and left unscathed.
it cost a lot of money in damages.

i am not attacking you as a person or KJ Joe, this is debate on issues and nothing more, i just wanted to state that in public. i do not think you are a pirate supporter or anything of the sort.
just thought i should state that before someone might mistake these posts for shooting at you directly.


I can't post attachments for some reason, but if you PM me your e-mail address I will send you a copy of the injunction AND the list. How's that?

No worries Paradigm, I know your intent is informational. However, I am a Karaoke Host, NOT a "KJ". Let me know if you want me to send you this stuff. Once you get it, maybe the file manager here will allow you to post it. Whenever I click on the button, nothing happens.

EDIT: OOPS, I posted before seeing that Chip already has it up- sorry.

As for using US or ANY discs- you are right. The thing is, by using the discs themselves, the responsibility stays on the mfrs. shoulders.

Also, and to repeat, ONLY SC is looking for things like licensing fees, so my posts are directed there only.


As for SC8125- they didn't pay any licensing fee, they paid a settlement for producing an unlicensed disc- which is STILL unlicensed. No? Contact SC and ask for one....

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Last edited by JoeChartreuse on Sat Apr 02, 2011 11:42 pm, edited 2 times in total.

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PostPosted: Sat Apr 02, 2011 11:35 pm 
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Thunder wrote:
Paradigm Karaoke wrote:
cool, there is a permanent injunction in black and white.
thank you Chip
has anybody found the list of songs? i searched many times before, but can find nothing. hell, i could note even come across this court order.
apparently I suck at searching online.


I have seen that "injuction and dismisal with prejudice" but knowing how to read I want to note something that many appear to be missing, this was in response to and part of a settlement agreement and the injuction is against infringement of copyrights of the music held by Famous Music. What the manus and the copyright holders work out after that have no effect and Famous Music could have issued permission to Chartbuster to produce karaoke versions of every single song held by them.

Chartbuster never stated that this did not exist in fact they said several times that it did and they also said that every song in their current releases was licensed. The contention then becomes "current releases" (that would be what they currently offer for sale). Has anybody bothered to look at what they currently offer for sale. Take a look and then look up on the BMI, ASCAP and SESAC data bases for songs owned by Famous Music and compare that too the Chartbuster library and you will have the real answer.


1) No ons seems to have seen a "dismissal with predjudice" of this permanent injunction- could you post a link?

2) I have given CB nine songs ( on at least 4 different occasions) that are on the list that I own, and asked the current status. They have yet to answer. They also claim not to have the full list of songs, which is just ridiculous- it was a legal proceeding in which they were involved. Despite this, I asked for an e-mail adress to which they would respond and offered to send it- and was never given one.. None of this strikes me as anything super bad, just very silly.

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PostPosted: Mon Apr 04, 2011 8:32 am 
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Paradigm Karaoke wrote:
Thanks Chip, that is the list that even Chartbuster was asking for on many threads about this. sure, they probably have it, but i see it was not that hard for some to post.
by the way, if i may ask, where did you find it? i could not find it to save my life.

and i guess if they are back on the presses after a legal permanent injunction, Famous, or more likely Sony who bought Famous, made arrangements to license them or they would be in some really hot water right now for ignoring a direct court order. at least they are licensed now.



It depends on how it is asked, if Chartbuster was asked for a list of songs that they had which did not have any licensing, they can't post something they didn't have.

If they were asked to post a list of songs that they were permanently barred from ever producing, then again they could not supply such a list.

If they were asked to produce a list of songs that had an injuction order signed saying they could not produce said songs in an infringing manner then the list would have been extensive. (it would in fact be just about every song available, because the law states that you can't do this)

BTW there were songs on that list that as far as I can tell from any data bases I have searched that Chartbuster never did produce.

It really all depends on how you want to twist it.


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PostPosted: Mon Apr 04, 2011 8:45 am 
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Thunder a.k.a. Steve Miller, Virgin Karaoke, Michael Handy, Mick wrote:
It depends on how it is asked, if Chartbuster was asked for a list of songs that they had which did not have any licensing, they can't post something they didn't have.

If they were asked
to post a list of songs that they were permanently barred from ever producing, then again they could not supply such a list.

If they were asked
to produce a list of songs that had an injuction order signed saying they could not produce said songs in an infringing manner then the list would have been extensive. (it would in fact be just about every song available, because the law states that you can't do this)

BTW there were songs on that list that as far as I can tell from any data bases I have searched that Chartbuster never did produce.

It really all depends on how you want to twist it.


If, If, IF, if.... If the sky were green.....

But nice try to turn what you don't know as a "twist" of some sort when it is in fact simply speculation based on unknown facts on your part. Try looking up the questions before you decide that anything has been "twisted." As you've said before; look it up.. a little research will go a long way and we shouldn't have to do your research for you.


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PostPosted: Mon Apr 04, 2011 9:00 am 
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What a twist!

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Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Mon Apr 04, 2011 1:00 pm 
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JoeChartreuse wrote:
Thunder wrote:
I have seen that "injuction and dismisal with prejudice"


1) No ons seems to have seen a "dismissal with predjudice" of this permanent injunction- could you post a link?


Actually Joe, the Case No. 3:06 cv 00468 that was linked to here

http://dkusa.com/CHB/famousinjunction.pdf

is titled "Agreed Order For Permanent Injunction And Dismissal With Prejudice".

Note the fourth bullet point:

"4. That all claims asserted by Plaintiffs against Defendants... ...are hereby dismissed in their entirety with prejudice with each party to bear it's own costs."

So, it would seem the "written settlement agreement" is that the Plaintiffs' claims are dismissed in exchange for the Defendants being "permanently enjoined from recording, copying or otherwise using in any manner the subject of Plaintiffs' music copyrights, including... ...(Subject Works)"

Now, I do not think anyone here would seriously believe that Chartbusters would deliberately defy a court order and risk serious criminal charges and penalties (including imprisonment) just to release some unlicensed tracks that are the subject of said court order. I'm sure the Plaintiffs would be quick to bring to the attention of the courts any such indiscretion.

On the other hand, I do think it is quite within the rights of a party to not divulge information to those whom it considers is none of their business.


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PostPosted: Mon Apr 04, 2011 1:34 pm 
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Murray C wrote:
it is titled "Agreed Order For Permanent Injunction And Dismissal With Prejudice".

Note the fourth bullet point:

"4. That all claims asserted by Plaintiffs against Defendants... ...are hereby dismissed in their entirety with prejudice with each party to bear it's own costs."

So, it would seem the "written settlement agreement" is that the Plaintiffs' claims are dismissed in exchange for the Defendants being "permanently enjoined from recording, copying or otherwise using in any manner the subject of Plaintiffs' music copyrights, including... ...(Subject Works)"

Now, I do not think anyone here would seriously believe that Chartbusters would deliberately defy a court order and risk serious criminal charges and penalties (including imprisonment) just to release some unlicensed tracks that are the subject of said court order. I'm sure the Plaintiffs would be quick to bring to the attention of the courts any such indiscretion.

On the other hand, I do think it is quite within the rights of a party to not divulge information to those whom it considers is none of their business.



Thunder a.k.a. Steve Miller, Virgin Karaoke, Michael Handy and Mick wrote:

I just did a search of 10 random picks from the list that Chip posted and then looked the songs up on Chartbuster's CURRENT RELEASES and they were 10 for 10 on Chartbusters offerings...


uh huh... So at least 10 of the "permanently enjoined" tracks are still for sale....

One contradiction after another....


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PostPosted: Mon Apr 04, 2011 2:03 pm 
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Murray C wrote:
JoeChartreuse wrote:
Thunder wrote:
I have seen that "injuction and dismisal with prejudice"


1) No ons seems to have seen a "dismissal with predjudice" of this permanent injunction- could you post a link?


Actually Joe, the Case No. 3:06 cv 00468 that was linked to here

http://dkusa.com/CHB/famousinjunction.pdf

is titled "Agreed Order For Permanent Injunction And Dismissal With Prejudice".

Note the fourth bullet point:

"4. That all claims asserted by Plaintiffs against Defendants... ...are hereby dismissed in their entirety with prejudice with each party to bear it's own costs."

So, it would seem the "written settlement agreement" is that the Plaintiffs' claims are dismissed in exchange for the Defendants being "permanently enjoined from recording, copying or otherwise using in any manner the subject of Plaintiffs' music copyrights, including... ...(Subject Works)"

Now, I do not think anyone here would seriously believe that Chartbusters would deliberately defy a court order and risk serious criminal charges and penalties (including imprisonment) just to release some unlicensed tracks that are the subject of said court order. I'm sure the Plaintiffs would be quick to bring to the attention of the courts any such indiscretion.

On the other hand, I do think it is quite within the rights of a party to not divulge information to those whom it considers is none of their business.



Thanks Murray, and apologies to Steve. The way I read his post, it seemed he was saying that the injuction was dismissed, which wasn't the case. A misunderstanding on my part.

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PostPosted: Mon Apr 04, 2011 2:16 pm 
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Murray C wrote:
JoeChartreuse wrote:
Thunder wrote:
I have seen that "injuction and dismisal with prejudice"


1) No ons seems to have seen a "dismissal with predjudice" of this permanent injunction- could you post a link?


Actually Joe, the Case No. 3:06 cv 00468 that was linked to here

http://dkusa.com/CHB/famousinjunction.pdf

is titled "Agreed Order For Permanent Injunction And Dismissal With Prejudice".

Note the fourth bullet point:

"4. That all claims asserted by Plaintiffs against Defendants... ...are hereby dismissed in their entirety with prejudice with each party to bear it's own costs."

So, it would seem the "written settlement agreement" is that the Plaintiffs' claims are dismissed in exchange for the Defendants being "permanently enjoined from recording, copying or otherwise using in any manner the subject of Plaintiffs' music copyrights, including... ...(Subject Works)"

Now, I do not think anyone here would seriously believe that Chartbusters would deliberately defy a court order and risk serious criminal charges and penalties (including imprisonment) just to release some unlicensed tracks that are the subject of said court order. I'm sure the Plaintiffs would be quick to bring to the attention of the courts any such indiscretion.

On the other hand, I do think it is quite within the rights of a party to not divulge information to those whom it considers is none of their business.



Murray,

Actually what it appears to be is the intentional ommission of a very plain part of this order! I will highlight it so no one mistakes what it is about!

AGREED ORDER FOR PERMANENT INJUNCTION
AND DISMISSAL WITH PREDJUDICE

This is an action for copyright infringement. The parties having reached a written
settlement agreement providing, in pertinent part, for the entry of a permanent injuction pursuant to Rule 65 F.R.C.P. enjoining and restraining Defendants from the infringement of Plaintiffs copyrights and for the dismissal with prejudice of all claims, the parties have agreed to the entry of this Order of Permanent Injunction and Dismissal:

It really isn't that hard to understand,

1> A settlement agreement is between the parties and is not subject to public scrutiny, (which is why the pirates would like to have it but will never get to look at it, as it would be a violation of that agreement for either side DK, Chartbuster or Famous Music to reveal it)

2> This one pretty much explains itself "enjoining and restraining Defendants from the infringement of Plaintiffs copyrights" they were enjoined and restrained from infringing on the Plaintiffs copyrights. What it doesn't say is that they may never produce any of the music owned by Famous Music, only that the copyrights can not be infringed.

Those that are turning over rocks trying to discredit the manus are really only discrediting themselves.


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PostPosted: Mon Apr 04, 2011 3:08 pm 
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Then Thunder would you care to explain (for those watching at home) why the destruction of master tapes and the language to not "copy, record, etc"....

Oh, I'm sure that you're now going to say that they included it, but didn't really mean it?

I'm sure that Clarence Darrow is humbled at your wisdom.


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PostPosted: Wed Apr 06, 2011 11:09 pm 
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No worries,. I asked him FOUR TIMES to copy and paste the e-mail he said he got from KURT saying that SC tracks were licensed here- which they are not- and nothing.

Caught out.....AGAIN.

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