Has SC Gone The Way Of CB?

It would seem SC has morphed into a Phoenix.

https://pep.rocks/relaunch.php

It would seem that in a way SC has thrown in the towel like CB was forced eventually to do, and has handed off it's legal quest for recovery to a LLC. much in the same way PiracyLLC. came into being.  I find it amusing that PEP will for under two hundred dollars a month let any host use the  16,500 SC tracks, shifting the whole ball of wax, without fear of legal problems.  Ironically it is the same idea I had about an operator's license years ago though on a smaller more expensive level.  I was called every name in the book for even suggesting such a program and now it is the way to go, go figure.  I wonder if the SC supporters are still cheering their hero?  That hero seems to have little regard for the hosts that have supported their product all these years.  It makes me feel vindicated in my choice never to use their product in my show.  

P.S. It just occurred to me that the host that licensed his GEM series has only 6,000 tracks available, while the former pirate with his illegal HD could possibly use all 16,500 SC tracks without and audit,as long as he pays his monthly fee. I guess it is true what they say there is no justice in the jungle. I can't believe these guys they even call their 199.00 a month plan an operator's license, they truly have no shame. Jim probably charged them for thinking up my original idea.

I have to laugh at Chris on the Karaoke Scene, he says he is going to have some hard questions to ask Kurt on Monday or sometime this week. What would be the use? Is Kurt still involved with SC in any official capacity? SC sold off is production units a long time ago, most of the SC library is now owned by Stingray. What was left was the trademark, the GEM series and the legal process used to promote sales of the GEM line.
If Kurt has assigned or sold off the trademark to Phoenix, along with GEM and shifting the legal process to Phoenix, what is left?

So Paradigm if Kurt is the organizer why set up another company?  Does this mean that the suits that are still in court such as SC v.s. EMI are going against Kurt and company?  That they need to set up a means to transfer assets in order to avoid losing everything?  Seems to me to be the same old corporate shell game.  You're an Admiral on a sinking ship and you have to move your flag to a nearby vessel to continue the fight.  This all seems to follow a pattern the old CB pattern.  The company is broken into smaller units and the anti-pirate part is shifted to an LLC.  Funny Jim has represented both SC and CB and the legal actions seem to be similar.  I wonder how soon it will be before we hear SC has either gone into foreclosure or bankruptcy, but the fight will be carried on by Piracy RecoveryLLC., oh I mean PhoenixLLC.

I have seen a number of claims by Jim Harrington on other forums.

1. He claims that the EMI lawsuit has been scaled back and that 75% of the songs listed have been dropped.  Let's see EMI originally sued for 4,000 songs so now only 1,000 were illegally used.  Allowing for that and the fact they were being sued for $150,000 a song that still comes to $150,000,000.00.  I'm sure Kurt has that in his back pocket.  No wonder he has to find more money quick, and is hoping all hosts legal and illegal will help pay his bill for him.

2.Jim also claimed that if SC was not out doing their legal process, their would be no one doing it or to complain to.  What happened to Piracy Recovery LLC?  I thought they were out here fighting the good fight also, have they given up?  Has the CB label now fallen into the freeware zone?

3. Jim as admitted that the main focus of the Phoenix program is to support the full time large karaoke operations.  It stands to reason that these large multi-rig  operations are the ones that can best afford to pay the $200.00 per month.  In a way you are helping the hosts at least the large ones, the small independent single rig operator will eventually be forced out of business, if your plan works.  So what you want to see is less service available, and the market shrunk to a few large operations of course paying you monthly for the right to use SC's old material.

All of this of course will never happen for several reasons.  First all a host has to do is get rid of your product, to boycott SC.  Even if you got your wish and all small operators vanished it would not help the bigger operations.  What karaoke singers that are left might for a while drift to these large shows, but in the end they would either start doing karaoke parties at home on their own, or attend the shows with no SC content, if they wanted to sing on SC all they have to do is bring their own discs and have them played.  There is no way most singers are going to crowd like cattle into a few company store gigs and maybe sing one or two songs a night.  The more I read your posts, the more I'm convinced that Jim knows little of the real business of being a host, or the many things needed to create a successful hosting enterprise.  He is only interested in having his client skim the cream off the top of others labor.  Like Kurt is some kind of feudal lord and Jim is his bailiff (the one who collects the rents, a bag man in modern terms).

I Suggest That Everyone Ignore Lone Ranger

https://karaokeusa.forumotion.com/t290-i-suggest-that-everyone-ignore-lone-ranger

InsaneKJ wrote:I Suggest That Everyone Ignore Lone Ranger

https://karaokeusa.forumotion.com/t290-i-suggest-that-everyone-ignore-lone-ranger

You mean the way you always ignore me Insane?

I just run across a sample of the audit agreement SC requires all certified/licensed hosts sign.


https://www.youtube.com/watch?v=IOe-1R6Cwdk

I was wondering part of the agreement states the signer will not be able to sue SC as some future date?  Does this mean that the hosts that licensed the GEM series who could be dragged into court by EMI along with SC, would not be able to sue SC for the loses they might incur?  Just wondering.

Seems the video is not available now, maybe later.  Unfortunately after you hit the link you have to type "Interesting video on the Sound Choice audit", then find the one that is 7min 15 seconds long.

I'm sort of interested in some of the comments made by Jim Harrington of the K/S forum.  It sort of explains the relationship between Kurt and the new LLC. formed listing him as the manager/organizer, it also brings up more questions.

Jim:

"That being said, Slep-Tone did sell substantially all of its assets for fair value (no quotation marks; it was a real sale at arms' length) to PEP. As the name indicates , there are others (besides Kurt) involved in this new venture and they were uninterested in being invested in a company that has as-yet unresolved litigation, regardless of the likelihood of success in the litigation."

"In addition to the new programs and new production, we are working presently on some other activities that will broaden PEP well beyond what Slep-Tone was doing, and it made business, legal, and financial sense to created a new vehicle through which to conduct those activities as well."

So on the one hand we have a new LLC Phoenix which will producing a new products I would guess under some new Trademark, is this because SC has damaged their own Trademark through this legal process of theirs?

Kurt is still involved in a minor way?  He is listed as the manager/organizer of this new enterprise, yet he has sold all of the assets of the old SC company to the new partners?  Is this a way to dodge having to pay EMI if the present suit goes against SC?  

There seems to be a problem with the new investors wanting to push forth the old SC pending litigation, is this an admission that SC has blown these cases, and Phoenix wants to start the process over again?  It seems strange to me that the new partners invested in a company who's only real assets are basically the SC Trademark, the legal process, and the licensing of the GEM series, which only happens with the threat of legal action?  Then they seem uninterested in any of the old litigation SC was involved with?  I wonder what good it would do to keep up a dialogue with Kurt since he seems to have sold all of the remaining assets of SC, and is only a figure head of the new LLC, that has been created?

The Lone Ranger wrote:I'm sort of interested in some of the comments made by Jim Harrington of the K/S forum.

Yeah, too bad you have been banned for life on the K/S forum so you need to ask Harrington your questions here!

Here, we can only ignore you and I suggest that Harrington does the same!

I thought you were going to ignore me Insane, I guess you have no self control.  I was banned I feel for no good reason other that I was making others feel uncomfortable, never getting a straight answer from Jim just the spin, I don't feel asking him questions would get the truth anyway.  It is by his and Kurt's actions that we come to the truth.  That SC is a for all practical reasons is in its death spiral and that soon we will see it going into foreclosure or bankruptcy, which ever legal vehicle Jim decides on. What surprises me is that I've been banned but you still can post your drivel over there.  That shows me that even though the forum states it is non partisan, it is really on the side of SC.  Fortunately more hosts are waking up to what SC is really all about, and along with venues are boycotting the label, starving the beast.  This new LLC. is nothing more than a dodge to avoid paying the EMI suit when it is completed.  SC is just as bad as any pirate, they used material without getting the proper permission and paying the publishers, who hold the copyrights to the underlying material, they are trying to avoid having to pay up by setting up this Phoenix, much in the same way CB setup it's series of new companies.  

I feel sorry for you since you still use the tired old picture of yourself, and that you still wear makeup and don't even have a shirt, if you are so poor working for others that you can't afford a new one, try the thrift store.  Maybe one of these days you might be able to start your own business and not have to work for others, you really should try it sometime.  You will be so busy you won't have time to do these forums.


P.S. I still doubt that you are a real KJ since you have never posted any comments except in the Piracy section of the various forums.  I still feel that you might even be Kurt, which would explain the makeup and not having a shirt.  You are getting use to the fact that after EMI you are going to lose yours, and you are preparing yourself for that outcome?

One thing GEM licensed hosts have not considered is that if SC does lose it's EMI suit, what will happen to the product they have licensed?  If SC is forced to recall their product will the owners be compensated?  All SC agreements with hosts seem to carry a clause where you cannot sue SC at some later date.  If you can't sue SC what recourse do you have if GEM is recalled?  EMI also is reserving the right to sue GEM hosts besides SC.  If EMI were to sue the license holders they in turn could not sue SC to recover loses, because of the clause in the agreement that protects SC, from future legal actions.  Since the hosts in question have signed away their legal rights, just in order to use the SC product.

It would seem our good friend Jim Harrington has once again thrown the dog a bone.  He announced on K/S forum a new program designed to reimburse hosts that have invested in licensing the GEM series, it is offered by Phoenix, I guess they are the main players now, and we can forget about SC.  Any host that licenses GEM after February 25th, 2015 will be under this new arrangement.  I guess if you licensed your GEM on February 24th, 2015, you just missed it.

What about all of the early bird hosts that licensed their GEM's at the start?  True Jim stated that the chance of a recall after talking if over with Kurt would be like being hit by a bus.  Still people do get hit by buses, especially legal ones.  For some hosts the GEM licensed material cost them as much as $5,000.00.  If EMI forces the recall all that money is down the crapper.  If they refuse to return the product and continue to use it commercially EMI then could go after them as well.  They have no means to recoup their loses since the agreement they signed with SC includes the no sue clause, that all SC agreements have.  

It is par for the course as far as this company is concerned.  Their agreements are subject to change at anytime.  They can transfer their assets to avoid losing them, and can continue to extract monies from users of their products even after they no longer produce a real product.  I wonder how Danny 2006 feels, he was the first host to lease GEM wasn't he?  There is no money returned to him if he is forced to return GEM and he is out his investment, with no legal recourse.  This is a company that hosts still want to support?  Really!!!!

P.S. It has just come to my attention that Phoenix LLC does not have permission from Stingray to use the tracks on the GEM series, no distribution agreement.  That SC's distribution authority expired in December of 2014.  While they still retain the Trademark exactly what are you leasing besides the Trademark?  Further information was made available by Jim.  There is a finite amount of GEM product left, still under the terms of the old licensing from Stingray & MCPS  available. Unless some new agreement can be made once these are sold that will be it.  These agreements go back to 2010 and I don't think the loop hole that allowed MCPS licensing is still available.  When Phoenix runs out of supply they will no longer be in the hard product business, unless they can come up with new products.  They will only be left with the Trademark, the legal process , the licensing, and whatever certification they will still allow. I guess  the Trademark that is all that will be left.  So for $200.00 a month all you will get is a promise not to sue you by Phoenix for the SC Trademark?  In all fairness Jim has stated that new product will becoming on line soon.  This is same promise he has been making the last few years, and for one reason or another, it has not happened so far.  It is sort of like the little boy who cried wolf, after awhile people stopped listening.

It has been batted around that Jim Harrignton is one of the new partners of PhoneixLLC. I guess that is one way to cut the legal costs. That would make him his own lawyer, I thought only a fool represented themselves? At least that is what the old saying is. If this is the case then Jim will have a hard time staying objective since he is his own client.

I Suggest That Everyone Ignore Lone Ranger

https://karaokeusa.forumotion.com/t290-i-suggest-that-everyone-ignore-lone-ranger

2/25/2015 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Phoenix Entertainment Partners, LLC. (Harrington, James) (Entered: 02/25/2015)

too bad he is right huh?
doesn't your boss have things for you to do while the adults discuss business?

Thanks Paradigm for verifying Jim's status as far as Phoenix is concerned. I see K/S has taken down some of Jim's material since they say it is free advertising. Too bad since It will cut down the information available to hosts when making business decisions. I guess SC won't be in business too much longer after the EMI suit is settled, of course that is just my opinion. Have a good day.

I Suggest That Everyone Ignore Lone Ranger

https://karaokeusa.forumotion.com/t290-i-suggest-that-everyone-ignore-lone-ranger

paradigm karaoke wrote:2/25/2015 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Phoenix Entertainment Partners, LLC. (Harrington, James) (Entered: 02/25/2015)

too bad he is right huh?
doesn't your boss have things for you to do while the adults discuss business?

So what. Unauthorized duplicators be getting sued! Fortunately you got authorized, huh?

http://www.rfcexpress.com/lawsuits/trademark-lawsuits/texas-northern-district-court/949268/phoenix-entertainment-partners-llc-v-2822-mckinney-llc-et-al/summary/

So what Insane Jim could be the lead plaintiff counsel, and still be a partner in PhoenixLLC!!! Nobody has to worry as long as they boycott the SC product, even our old buddy Jim says no foul no harm. I have been retired now over a year and all of this is behind me. I still feel for the hosts that have to deal with this nonsense. Keep up the good work someday you might even have your own business.

Well It seems that EMI has gotten serious about doing something and on March 19th has filed on SC, Phoenix and the brothers Slep.

I would like to give you the direct link but as usual my skills with the computer suck, lucky me. You can look for the filing page under "EMI Feist Catalog Inc. et al v Slep-Tone.

The suit was filed on March 19th in the Federal New York District Court. About a dozen EMI companies are suing the defendants listed as Sound Choice studios, Phoenix LLC. and the brothers Slep. They are asking for 25 million dollars in damages. They are also demanding the recall of the GEM series which were illegally produced. Of course Jim says they are perfectly legal and that EMI is just greedy for the insurance money carried by SC. After having to pay CAVS I'm surprised any insurance company would cover SC.. I hate to see what the premiums are. If SC is forced to pay will Jim trot out the tired old excuse that they wanted to fight, but the big bad insurer forced them to settle?

To update the EMI v.s. PEP saga, a settlement was reached.  Of course the details are kept secret, it would seem that Kurt and Jim had to pay something, and now they are paying a percentage of what they recover to EMI.  This of course means they have to increase their collection activities because now they have a new partner, that also gets a cut of the action.  PEP wants to become partners with all working hosts, and wants them to pay for the dubious honor of using their product.  That is one partner I could do without, the profit margins just aren't there.