Unfortunately for your theory, the very tangible and clearly obvious fact is that Joe has known about Sobe selling the content for some time and has made several posts indicating the problem was a verbal agreement not to sell them for less than $40 a set....not that he has no right to sell them at all.

At $5 a set, how much money can be involved here? Doesn't sound like enough to make ANY hassles worth it...

Is there anyone that can confirm or deny the story of copyrighted music in Sobe videos?

I haven't received mine yet....lol

Is it just me, or is anyone thinking this.

If this ends up in court, anything posted by either party here or anywhere else on the web can and will be used. I am pretty sure, if this ends up in court, lawyer(s) will be pretty upset so much has been openly said.

If you know you might get sued, keep everything private.

Or am I just being a stupid fuck again?

Erik, we had a deal, you sent me a signed contract. Then when you got your tape in Fed Ex, you reniged on your deal.

Once again i say, what a surprise.

Ill make you one more offer to settle this. ICQ me if interested.

I wasn`t aware of all the board evidence, haven`t followed it :)

good point..

as for copyrighted stuff, we were gonna order the whole list of sets, and had to back out... I asked for the copyrighted stuff, and was told to go myself through all the content samples he had and choose the ones without music... so we didnt end up ordering anything... a shame, good content IMHO

As far as I know, Joe has never denied that he gave SoBe the rights to resell, regardless of whether or not there was a written agreement.

Joe has also admitted he doesn't have a written agreen to a minimum price for the videos, saying he only had a verbal agreement. SoBe denies this agreement.

So as it stands, both agree SoBe has the rights to resell. And only one believes there was an agreement as to the minimum sale price, but he admits he has no proof of said agreement.

Congratulation SoBe! You are the winner of The First Annual SoBe Awards. Your peers have judged you to be GFY's most unethical member. If you would be kind enough to make your way to the SoBe Awards thread (see sig), it is time for you to make your acceptance speech. Don't be shy, your audience is waiting.

:GFYBand

Good Lord....

Okay, thanks, Mag....that tells me what I need to know...

Webmasters....be afraid..

No the moral of the story is do business with people you know and trust, not just people who are "Cool" on boards. And GET A PROPERLY WORDED CONTRACT.

We buy and sell and our buying in contract states.

Quote:

Non-Exclusive Internet Resale Contract Between BANAPRO s.r.o. PAUL MARKHAM JULIANOVSKE NAM2 636 00, CZECH REP. Phone; +420 603 298 001 The Seller (Enter name and address) Dated Paul Markham buys the following (image sets) under the following terms and conditions. List sets & number of Images Set No. Models Name Number of images Total number of images Sets of images are purchased with full Internet resale rights. This license is non-exclusive and (Enter name) as the owner of the images can sell the license again as he wishes. The license is for the resale of the images, by Banapro s.r.o. to their Internet clients. For these sales there is no further payment expected. This has been paid for in full & verified by the purchaser to be of an acceptable quality. Banapro have the right to resell the images in any way they see fit on the Internet. Should Banapro, s.r.o. sell any images to magazines they will pay (Enter name) 50% of the money received from the magazines on receipt of the payment to Banapro. Banapro, s.r.o. holds two legal photo documents for proof of identity and age, plus a legal model release. I have fully read and understand this document. Acknowledged and Agreed Paul Markham Date I have the legal authority to enter into this agreement Acknowledged and Agreed Date

We alter it to fit any individual contract situation. Probably would not hold up in a court of law, but who is going to court over some like this?

When was sobe ever consider 'cool' on the boards? You admit your contract won't hold up in court? Then it's as useless as anything else. LOL

A piece of advise.

IF ANY OF YOU HAVE ANY VIDEOS ON YOUR SITE WITH MAINSTREAM COPYRIGHT MUSIC ON YOU COULD BE IN TROUBLE. FEW MAINSTREAM COMPANIES ARE HAPPY TO SEE THERE USED AS A BACKGROUND TO PORN, THEY SUE.

Had dealings with the company that protects musicians rights many years ago. Big company, many lawyers.

Producers, there is plenty of copyright free music out there go buy it. Buyers, if you hear the Rolling Stones in the background on a porn video assume Mick Jagger did not sign a license. :)

Alex is coming!


Charly very good point.

I never said Sobe was considered cool, that was your conclusion. I was advising newbies to buy from people who know how to run their business and not guys they find on a board and appear cool.

Might not hold up in court, if the guy on the other side has a good attorney, but it states how we intend to do business. If someone disputed it I would pull down the content immediately or put it back to the right price. Not going to soil my business reputation over a few thousand dollars worth of content.

Yeah I guess you have him there.

Now if only you had some cashed check stubs paying him for resale roylaties or whatever - you'd be golden. At least that would establish there was a verbal agreement for resale.

But I don't think the asumption that "I am sobegirl - why would I buy content for website use?" would fly for a second in a courtroom. Maybe AMA (or any content provider for that matter) has content that you yourself can not produce, or a different region of models or something... but just to say "I have my own content business -- it should be implied that I will resell this content" -- dunno man.


Here's a bad analogy of your logic here ---

let's say you own Dodge (the whole company, not just the neon :)), but you buy a few different Mercedes models from Mercedes - at current market prices.

Does this give you manufacture rights to those Mercedes models?... just because Mercedes knew you owned another auto manufacturer company & sold them to you anyway?

Psycho writes:
Joe has also admitted he doesn't have a written agreen to a minimum price for the videos, saying he only had a verbal agreement. SoBe denies this agreement.

I say:
if SOBE DENYS AGREEMENT< WHY DID HE SEND ME AN OFFER CONTRACT THAT HE SIGNED TO MAK EME HAPPY.

http://www.amacontent.com/pics/sobe.jpg

http://www.amacontent.com/pics/sobe.jpg


beautiful.. its all settled then :thumbsup

Thread closed?

:1orglaugh (yeah right)

Hmm what about the royalties or percentage of the sales? No mention of that there.

Ah I see... I guess this is just an amendment to the verbal resale agreement that did, then didn't, then maybe did, now did exist after all? :glugglug

Problem is, SOBE sent me this agreement, then broke the agreement 24 hrs later when he got the tape he needed from me.

Agreements mean nothing to SoBe, he has proved that time and time again. Are you really going to sue him?

The problem with your analogy is Mercedes owns Dodge - Chrysler is now Daimler Chrysler, as in Daimler Benz, the parent company of Mercedes Benz. The new Crossfire, to name just one cross-company platform, is coming out full of Mercedes parts in it

SoBe - FUCK YOU spamming bitch

Soooo much love for the SoBeGirl :1orglaugh

he is a thief..

http://www.oprano.com/msgboard/index...=ST&f=1&t=4021

magnitique - please try 'montreal' @

thanks

Yeah http://www.firstclasspussys.com/images/spam.gif

A contract that relies on payment is void unless payment is made. If he isn't paying you what is demanded in that little contract, he has no resale rights. If he is paying you, then that little contract covers his resale rights.

Even if there was not a written contract originally signed saying they couldnt be sold for less than 40 bucks, wouldnt the addendum that they both signed still be legal and valid?

I think anyone buying content hates when crap like this happens. It makes us wonder what happens behind the scenes that we DON'T know about that could cause probs down the road.

Given that, this is my take on it:

#1 Joe himself admitted he knew Sobe would be reselling - that alone erases any question of not having resellers rights and license.

#2 The only dispute here is the AMOUNT it could be resold for and that burden of proof would fall to the original seller.

#3 Joe stated he didn't get the resell cap amount in writing.

Unless there is PROOF of a verbal agreement (of the $40 cap) in one of the threads that I may have missed (ie Sobe stating he'd agreed to the price cap).... Good, bad or ugly those seem to be the facts.
I think its obvious the courts would side with Sobe. Sometimes not having all the T's crossed can lead to expensive lessons.

Note: as for the agreement between the two parties in that addendum of the 4th & 5th of June - Joe, it states in there that the agreement can NOT be broken unless BOTH parties agree to break it. Therefore unless you do not recieve the payments stated in the addendum, your contract still holds.

Now it comes down to will you get the monthly resale payments. If those payments are not made, you then have legal grounds for a lawsuit.

And both of you should note that your legal names are given, not just your company names.

I can end this debate very eaisly. Just as I was always willing to, I will honor the agreement you see below. Even after Joe trashed me on the boards and cost me money and aggrivation. I will honor the agreement. Now it is over, everybody can get back to work. Thank you all GFY board members for your help..

http://www.amacontent.com/pics/sobe.jpg

Well Vikki, why did SOBE send me this agreement then:
http://www.amacontent.com/pics/sobe.jpg

He drew that up. he signed it , he faxed it to me. I wish I saved the conversation where he admitted fucking up. But if hes so innocent, why would he settle with my for $5000.

And Gothweb, HE NEVER PAID ME. He broke agreement next day when he got a copy of a tape he needed from me

Well it is almost over. I see that in Joe's link to the contract we signed he omitted the fact that I only have to pay this $350 a month for 10 months.

After that I don't have to pay him a dime till the end of time. And within this 10-month period I can sell the content for whatever price I want

Here is a scan of the "real" agreement Joe and I signed. See his writing at the bottom where it says "address to FedEx etc..."

So this case is closed. You can buy from SoBeGirl without worries, SoBeGirl has no copywrite music in the videos. And if you want to learn more about what is considered copywrite music I suggest you look into the Westland case to understand what a court will and will not bust you for.

Don't get all-nervous from rumors or conjecture from my competition or from people that follow me from board to board trying to ruin me. Look up the facts. After you do you will realize that when you buy from SoBeGirl you get the best deals in town, you get the best service and you are protected by the law. SoBeGirl will never let you down.


[IMG]http://www.*************/joe/j10.jpg[/IMG]

Mmmm ... Forgetting the dispute over some pricing, I am kinda amazed you actually admit to not possessing any form of resale rights for the material you purchase from others and then offer out to webmasters.

There is very little "implied" in this - the only thing it has going for it is, a judge may take into account you are a "wholesaler" of video material. But equally, this and any material could be intended for use on your own websites.

Erik.... I buy video which I can resell to others - I have specific agreements to do this. I also buy video which I may not sell to others, - that comprises material purchased for use on my own websites under a "standard" website license agreement.

I would not dream of offering out material to webmasters under a standard website license when, in fact, I have no specific rights to do so. This just causes everyone problems.

Guys... what the fuck to I know about your dispute on pricing, but I know one thing - you gotta stick to your word, whether this is literally some verbal or written agreement. That includes keeping to the spirit of the deal.

And.... no name-calling and dirty washing in public, - this is just unprofessional conduct. This is your business and a matter between two parties. Someone knows the "truth" - cool off and abide by the deal. And good luck to ya!

wow............this is kinda shocking. Sobe has NO agreement mentioning anything about reselling.

Mutt, can you not read. Look at my attached Image. REad it .

i see an agreement dated June,04,2003.

Erik:

Sorry.. am I missing something here? You saying that you do have resale rights? Just wondering....

And.. I ain't any competitor gunning for you, just a "little" concerned. :glugglug

Of course I have resale rights. It was not in writing until July even though contracts which you can see in many places in this post.

This issue is over. Beaten to death. Let's moveon...

case closed..

OK... seems there is, as you say, no paperwork to support any terms of resale.

All I can say is, it takes less than 10 minutes to prepare a standard set of resale rights terms. This is basic stuff.

Sheesh .. it never ends....

tell it to JOe please so he canstop slandering the SoBeGirl name. I have all i need to do whatever I want . SoBeGirl will always offer webmasters legal, fresh content at affordable prices. That is what SoBegirl does.

Erik:

Tell what to Joe? Why don't you get on the phone to Joe and resolve your problems? He obviously has some bone of contention. If he has been "slandering" you, yea, that is wrong.

As to the rest, now you got me concerned - since you seem to imply a lot, but, by your own admission, do not actually possess any written resale rights for your material. You either have or do not have this, - there is no middle ground other than that which may need to have court judgement. And who is interested in wasting time hanging around a load of lawyers and courtrooms?