Buying files not cds?

[gotrich]

I have a friend ging out of business who uses hoster. They are going out of business. I want to buy their files pc speakers whole thing. One problem. They lost the origional CDs in a garage fire..and never backed up the cds before the fire. They have the files on a data CD incase of emergency but no origionals. If I have a reciept that I bought the system from them can I use the files?

[ddouglass]

I have a friend ging out of business who uses hoster. They are going out of business. I want to buy their files pc speakers whole thing. One problem. They lost the origional CDs in a garage fire..and never backed up the cds before the fire. They have the files on a data CD incase of emergency but no origionals. If I have a reciept that I bought the system from them can I use the files?

I don't think Ascap or BMI is going to buy that as a reason for not having the originals. Did they claim the cost of the CDs on their insurance and get paid for them?

[admin]

If a US Marshall came to your venue with a court order, would you be able to PROVE these were purchased legally? I wouldn't sleep at night if I did this transaction, worrying about what could happen that could put me out of business.

Since you are aware they don't have a proof of purchase, I think you would be on shakey ground. If the Marshall went to your "friend" who now (if you buy from him) has your money, they are not liable and are paid, and they would likely "tell the truth" that you were aware there was no proof of purchase. BTW: Do you ABSOLUTELY KNOW that your friend purchased every song on the disc? :? :? :?

[gotrich]

I do know they had the cds I helped put them in the pc. They do not have the cds reciepts or proof it was lost in the fire. as far as did they claim them I dont know I never asked. They only used the system for friends and part time work. My friend is willing to write a recipt that I bought the system from them.

[George]

That's all well and good, but the fact remains if push comes to shove you cannot prove a thing you are saying.

If the seller can collect from an insurer, have him deduct the value of the cd's from the sale price and get it back from the insurer.

[gotrich]

If I can get proof from insurance that would be ok? Also the other problem I have is how do I combine the two data bases? For example I have 10 cds and he has 10 cds If I transfer his data to my drive the book ids are the same how do I change his file names to work?

[Beavis]

if you got proof and he got the $$$ he would have to purchase his whole colletion again!

[gotrich]

re purchase the cds he had to make it legal? I am not paying full price for his stuff..being its used

[Beavis]

i dont think it matters, you need to have possession of the originals.

[mindonstrike]

The only proof anyone who matters will care about is original disks, even if it's just a glob of melted plastic with barely legible labels. The IRS might like reciepts but to someone who might sue or arrest you for piracy, reciepts really don't prove anything except that the disks you do posses are not stolen.

IMHO I would not consider the value of the KMA's, that have no original cdg's when coming up with a sale price.

Sam

[gotrich]

Well the thing hat aggrivates me is I know for a fact that a person in my home town a big competitor has (barrowed) cds from another guy to pad his book. I am tring to keep everything legal as I have to his point. I called sound choice to tell them about this and they basically told me they dont care. They Wont return phone calls and when I do talk to somone they tell me that if I dont have proof I cant do anthing. I know his (barrowing is illegal) I am tring to do it right

[ddouglass]

If I can get proof from insurance that would be ok? Also the other problem I have is how do I combine the two data bases? For example I have 10 cds and he has 10 cds If I transfer his data to my drive the book ids are the same how do I change his file names to work?
If they did claim them on their insurance and got paid for them then they don't own the songs anymore. The insurance company does. Consider if you total your car and your insurance company pays for it, they don't leave you the car.
In other words buy the system but not the files. He will have to right off the cdg files.

[Beavis]

Well the thing hat aggrivates me is I know for a fact that a person in my home town a big competitor has (barrowed) cds from another guy to pad his book. I am tring to keep everything legal as I have to his point. I called sound choice to tell them about this and they basically told me they dont care. They Wont return phone calls and when I do talk to somone they tell me that if I dont have proof I cant do anthing. I know his (barrowing is illegal) I am tring to do it right


call BMI or ASCAP on them.

[gotrich]

BMI & Ascap said i the venue pys there fes the DJ is really of no intrest becasue DJs do not pay fees the venu does..RIAA is not concerned becasue its not mp3...fromm whathe repreentatives told me

[ddouglass]

That sounds typical. "I can't be bothered with it if you find it" but let them find one on their own and they are off to court in a heartbeat.:r

[George]

BMI & Ascap said i the venue pys there fes the DJ is really of no intrest becasue DJs do not pay fees the venu does..

I'd be more tempted to believe that in a case where the DJ were an employee of the club, but I'd take it with tongue in cheek where the DJ is an independant contractor.

Probably calling them would be about like the IRS help center. Talk to ten reps and get ten different answers.

[admin]

Well the thing hat aggrivates me is I know for a fact that a person in my home town a big competitor has (barrowed) cds from another guy to pad his book. I am tring to keep everything legal as I have to his point. I called sound choice to tell them about this and they basically told me they dont care. They Wont return phone calls and when I do talk to somone they tell me that if I dont have proof I cant do anthing. I know his (barrowing is illegal) I am tring to do it right
My friend, you have to live with yourself and your decisions. The equipment, without the KMA songs, is legit. Buy it used.

As to the songs, you have our advice, now you must make a decision you can live with. Sleeping at night is far more important than any amount of money. At 58 yo, I can tell you I have slaved over many decisions like yours, and in the end decided to do what I believed was right before God... He is the final authority for eternity anyway.

If you get the library, copy them to your HDD, make sure the folder they are in is in your Tools menu Build Songs Database list of folders, then use the Tools menu Merge KMA Files command to combine them. This command can renumber duplicate BookIDs. Suggest you read the manual on this command before using it. :w

God will reward right actions. The fellow who is borrowing and "stealing" discs will pay one day. It may not be on Earth, but there is... Eternity. :)

[Beavis]

oh man we are in church now !

pastor dave has spoken :g :g :g


just having fun :)