It would appear that EMI the publishers that are suing SC are now asking for an injunction to stop the downstream licensing of the GEM product. That the licensing obtained by SC in the first place was misused and went beyond the scope of what it was supposed to cover. EMI cites over 3,000 tracks that the copyright is owned by them on the GEM series alone. Also there are additional problems with Brick, and Foundations series as well. They are also citing over 4,000 infractions of their copyright, and are asking $150,000.00 per infraction in damages.
Since the GEM series is licensed they want them all returned for possible destruction. They are still the property of SC and only licensed by the person using it. They also want all unsold Brick and Foundations series returned, my guess is also for destruction. I came up this on the K/S forum piracy section. If you want to read the full account you would have to log over there. I'm not very good with the computer as far a transferring material, besides other forums frown on you taking their material and pasting it elsewhere.
It would seem that SC has been caught doing the same thing pirate hosts have been doing. I guess people that live in glass houses shouldn't be casting legal hand grenades, right?
The Lone Ranger wrote: Just remember Dan no Unlicensed brands NEVER!!!
It is licensed and will remain so because SC is gonna win the suit, not EMI. I can't go into specifics but lets just say EMI bit off more than they can chew.
The Lone Ranger wrote: Just remember Dan no Unlicensed brands NEVER!!!
It is licensed and will remain so because SC is gonna win the suit, not EMI. I can't go into specifics but lets just say EMI bit off more than they can chew.
I'm sure this bit of information comes from SC. What else would you expect them to say? It ain't over til it's over.
Maybe Dan Jimbo SC's lawyer can use the afflenzia defense. SC had been making so much money for so long, bending the rules, getting away with it they had no concept of right from wrong. Therefore SC should not be held accountable for their actions.
Oh that's right they have been suing hosts for the same offense. I guess they must have known right from wrong, maybe they just didn't care? In this particular case Dan I think that it is SC that has bitten off more than they can chew. The publishers like EMI have more money and can hire more legal muscle than SC. If Jimbo has had a hard time going after hosts how is he going to fare against real legal opposition?
The main thing to watch is if the injunction is upheld and all the hosts that licensed the GEM series have to turn in the questionable material. Many hosts coughed up the 3,300.00 or more for the license. Will they get part of their money back pro-rated for the less than 5 year license period? It might have been better to license on time, since when the product it turned in the payments cease. Hope you didn't pay cash Dan.
James Harrington the legal mouth piece for SC aka Phoenix has made a public statement that the EMI vs. SC case has been settled. The details of course are not a matter of public record. I'm sure the terms of the settlement agreed to by the two sides, was in their mutual best interests. No doubt I can only speculate as to what the exact terms are. This follows the SC aka Phoenix's pattern of settling with alleged pirate KJ hosts. Since SC aka Phoenix allows pirate hosts, after making some form of payment, or pay for licensing agreement, to continue to run their business. So then do I feel that EMI also will allow Phoenix to sell their products for a piece of the action. It is evidently a business arrangement between to companies, this happens all the time. This arrangement let's SC aka Phoenix continue making money off their old product, through licensing the GEM series or charging for an operator's license, where have I heard that term before? Oh that's right I suggested an operator's license, but not for just one label.
The bottom line is if you want to use the SC product all you have to do is have an audit if you own the original discs, license the GEM series which will let you use the 6,000 disc collection for as long as the supplies last, it is a finite product. I saw the figure only 300 sets were made and they still have some after 5 years. Those seem to be flying right off the shelves, not. The operator's license is the most interesting to me since you could use the entire 16,000 track collection if you have it on a hard drive, without having to submit to an aduit. All you have to do is pay every month for an operator's license for SC, of course the cost for the license is subject to change, no doubt up.
There is another solution to the problem if you decide not to do any of the above, just boycott the SC label problem solved. There are plenty of other labels and they have been making new music all along, not to mention foreign downloads, if you want to pick and choose what songs you need to fill out your library. Since it would seem SC aka Phoenix ,or PEP, is paying off EMI Danny, you will be able to continue to use your GEM series. Remember though to all KJ hosts just because you pay off one group doesn't mean that others won't get into the act, when they see there is money to be made from KJ hosts. It could turn out that so many different right holders could start suing hosts, that it would make little since to stay in the KJ hosting business.
It's a sad situation where the threat of lawsuits can kill a whole industry. With the pirates , the added costs of doing business, shrinking karaoke hosting venues and wages, it would seem most hosts will have a hard time staying in business. So Dan if you do retire are you going to turn back in your GEM series to PEP? Have a great day.
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It would appear that EMI the publishers that are suing SC are now asking for an injunction to stop the downstream licensing of the GEM product. That the licensing obtained by SC in the first place was misused and went beyond the scope of what it was supposed to cover. EMI cites over 3,000 tracks that the copyright is owned by them on the GEM series alone. Also there are additional problems with Brick, and Foundations series as well. They are also citing over 4,000 infractions of their copyright, and are asking $150,000.00 per infraction in damages.
