Karaoke Forums

That sounds pretty Ominous. When your new client starts putting out music, relabeled as their own, will you be actively suing those that purchased these drives in the past?

That would be a pretty f'ed up thing to do.

That among other things is why I don't see it happening. Why people feel it is necessary to speculate on things like this is beyond me. There are a lot of things that could happen. It amazes me the amount of time spend thinking about the things that will probably never happen vs the things that will happen.

-Chris

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-Chris

It's how speculation turns to accepted legend.

The Chartbuster-related ("related" only in that it now owns the CHARTBUSTER KARAOKE trademarks) entity I represent, Piracy Recovery, LLC, has requested that I pursue trademark infringement lawsuits against individuals and companies that are using counterfeit goods bearing the CHARTBUSTER KARAOKE trademarks to put on shows. The use of a drive that was sold by the owner of the trademark at the time of the sale would not fit into that category. However, the purchase of such a hard drive would not necessarily immunize a party from suit if, for example, they had already been investigated prior to the purchase of the drive, or if their use of that drive exceeded their authority (e.g., through multi-rigging by copying the drive).

I'm not sure how one can have an "opinion" that someone else is planning to do something.

Regardless, my instructions are to pursue users of counterfeit goods. I do not believe these drives are counterfeits, so no, we do not plan to sue people merely for owning and using these drives.

I stand corrected... "in several people's SUSPICION here"... But thank you for the answer.

I think it would just be a bad business decision to go after people who bought those drives. They were bought in good faith, so it PR, or Digitrax did something like that they would just be hurting their brand new customer base. That would be , to quote my favorite Vulcan, illogical. I really do not think anyone who owns one of those drives has anything to worry about. Now, if you buy one on e-bay, that may be a problem. .

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I am the ONLY SANE 1 HERE

It would be kind of dirty but they have the addresses of course of those who bought drives directly from CB. And like I said they certified without audit, they could now demand an audit to renew or sue you when you decline to renew, to enable an investigation and intrusion into your continued business.

Should have thought about this before!

I think it would be a bad legal decision to go after someone only for buying one of those drives.



Well, not exactly. Someone who bought one of those drives is not a Digitrax customer per se. I encounter KJs with some frequency who believed in good faith that they were buying legit product, such as a defendant who bought a ----* unit for $2000 that was preloaded with about 15,000 tracks by the seller. Basic knowledge of the industry would have told them that was too good to be true, at least at the time of purchase. In any event, while (semi-)innocence might earn them some consideration, it will not get them out of a lawsuit entirely.

* - actual name of probably uninvolved but well-known producer of unit omitted as prophylaxis

I believe that CB certified those purchasers without an audit on the theory that purchasing essentially the entire catalog would mean that rig had to be legal as far as CB material was concerned.

What i meant about good faith is that those were only made available through Chartbuster and their affiliates. You couldn't go to Charlie down the street and buy Chartbuster drives, like you could some loaded hard drive. Those SHOULD become Digitrax customers, not potential lawsuits.

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I am the ONLY SANE 1 HERE

That was essentially explained to me in that manner when I bought my drives. I asked for an audit on the existing discs I had at the time and was told it would not be necessary since I have "the entire Chartbuster library" with the purchase of the drive.

I was actually somewhat encouraged to sell off my existing discs as a means of re-coup'ing the cost of the CB12000+ drive purchase. O I kept my discs and continue to pick up additional discs just for additional rigs to put in production at some point.

-Chris

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-Chris

You're getting greedy, Chris. MORE rigs. Shame on you, you capitalist.

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I am the ONLY SANE 1 HERE

Then please explain to me what happens in the case of, Fred ordering the drive directly from chart buster, and then reselling it to Richard in a different state.

Your investigator will see Richard using a drive that was originally purchased by someone else. I would be very interested in knowing if the new entity will be receiving the sales/registration records from chart buster.

Are you going to be suing that person for proof of the prior sale?

Good question. KJ buddy of mine that recently bought one is considering selling out all his stuff. He's tired of dealing with pirates. If I were to buy his drive, isn't he suppose to report that transfer of ownership to CB? Since there's no CB now what?

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My statements, opinions and conclusions are based on my own personal experiences, observations, research and/or just my own $.02. I'm not a "cheerleader", but that doesn't make me a Pirate.

But just remember...

I would think that the person who bought the (used) CB Hard Drive from someone else would have a sales receipt for it (to prove he purchased it from someone else.

That's a perfectly legal transaction, in and of itself.



I believe that it will, if it has not already..



I do think this is a good question, and the best answer I can give you at this point is that I don't have a definitive answer because the policy is still being established. Ideally we would be able to identify that person based upon registration and/or identification of the KJ as a CB certified KJ through other means, and not sue them. I would expect that if they were sued, a demonstration of lawful ownership of that drive would bring a dismissal.

For the record, we have not yet filed a lawsuit where that would be an issue.

English translation: " I don't have a definitive answer because we'll make it up as we go along...."

Would be interested in how exactly the "old entity" can get away with either selling or giving away prior purchase information (such as credit card numbers) to the "new entity." And how that will be impacted by privacy laws....

Just sayin'....

Wow, SCDS and DTDS in the same specimen. Impressive.



Who said anything about credit card numbers? Your paranoid slip is showing.