AFTERMATH RECORDS 13405 nent download shall be treated as Net Sales for the purposes of escalations. In 2004, the parties amended the agreement to provide that Sales of Albums by way of perma- F.B.T. The 2003 agreement increased some royalty rates, but incorporated the wording of the Records Sold and Masters Licensed provisions from the 1998 agreement. and Aftermath entered into a new agreement that terminated the 1998 agreement. Since 2003, Aftermath has also concluded contracts with major cellular telephone network carriers to sell sound recordings as mastertones, which are short clips of songs that can be purchased by users to signal incoming calls, popularly known as ringtones. The contract between UMG and Apple is but one example of the many agreements that Aftermath has concluded to sell sound recordings in digital formats since approximately 2001. Permanent downloads are digital copies of recordings that, once downloaded over the Internet, remain on an end-user s computer or other device until deleted. In 2002, Aftermath s parent company, Defendant UMG Recordings, Inc., concluded an agreement with Apple Computer, Inc., that enabled UMG s sound recordings, including the Eminem masters, to be sold through Apple s iTunes store as permanent downloads. The agreement does not contain a definition of the terms licensed or normal retail channels. The contract defines master as a recording of sound, without or with visual images, which is used or useful in the recording, production or manufacture of records. The parties refer to this provision as the Masters Licensed provision. to others for their manufacture and sale of records or for any other uses. is to receive 50% of Aftermath s net receipts n masters licensed by us. The agreement further provides that otwithstanding the foregoing, F.B.T. is to receive between 12% and 20% of the adjusted retail price of all full price records sold in the United States. The Records Sold provision of that agreement provides that F.B.T. AFTERMATH RECORDS ring Eminem s exclusive recording services to Aftermath. and to Defendants collectively as Aftermath. For ease of reference, we refer to Plaintiffs collectively as F.B.T. signed an agreement transfer1 This case involves multiple Plaintiffs and Defendants. signed Eminem in 1995, gaining exclusive rights to his recordings. We therefore reverse the judgment and vacate the district court s order awarding Aftermath its attorneys fees. We agree that the contracts are unambiguous and that the district court should have granted summary judgment to F.B.T. reasserts that the Masters Licensed provision unambiguously applies to permanent downloads and mastertones. did not move for judgment as a matter of law, and the jury returned a verdict in favor of Aftermath. moved for summary judgment that the Masters Licensed provision unambiguously applied to permanent downloads and mastertones. and Aftermath disagree on whether the contracts Records Sold provision or Masters Licensed provision sets the royalty rate for sales of Eminem s records in the form of permanent downloads and mastertones. Mathers, III, professionally known as the rap artist Eminem.1 Specifically, F.B.T. Productions, LLC, and Em2M, LLC, under their contracts with Defendant Aftermath in connection with the recordings of Marshal B. OPINION SILVERMAN, Circuit Judge: This dispute concerns the percentage of royalties due to Plaintiffs F.B.T. Lemoine, Munger, Tolles & Olson LLP, Los Angeles, California, for the defendants-appellees. Busch, King & Ballow, Nashville, Tennessee, for the plaintiffs-appellants. Eisenberg, Howard Rice Nemerovski Canady Falk & Rabkin PC, San Francisco, California and Richard S. AFTERMATH RECORDS Before: Jerome Farris, Cynthia Holcomb Hall and Barry G. Gutierrez, District Judge, Presiding Argued and Submitted JPasadena, California Filed Septem13399 13400 F.B.T. 2:07-cv-03314-PSGMAN OPINION  Appeal from the United States District Court for the Central District of California Philip S. AFTERMATH RECORDS, DBA Aftermath Entertainment INTERSCOPE RECORDS UMG RECORDING, INC. PRODUCTIONS, LLC EM2M, LLC, Plaintiffs-Appellants, v. FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT F.B.T.
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Also, despite accusations of being in cahoots with the Russian government, no evidence has ever been provided to definitively prove Kaspersky was a bad actor. That's partly because our work at PCMag focuses on the products themselves, not their geopolitical ramifications. We have, however, opted to remove the company's parental control software from our selection of recommended services.Īlthough Kaspersky has long faced controversy for its connections to Russia, we have continued to endorse many of the company's products. Kaspersky Safe Kids was on this list for quite some time. With that in mind, these are the top parental control and monitoring utilities we've tested, along with information on what to look for to best protect your family. Also, as tech addiction increasingly becomes a problem, it's important children learn the value of good device habits for themselves. Otherwise, they'll find a way around any restrictions, even if you put them in place with your kids' best interests in mind. Communicate with your child before implementing any of these options, as it is important they feel you respect their privacy. Best Hosted Endpoint Protection and Security Softwareīefore you start imposing limits and restrictions though, take some time to learn how your connected kid uses technology.So you can monitor all of your kids’ devices from a single dashboard without switching between different apps or services. You’ll be happy to know that FamilyTime is available for Android and iOS devices. You also can pause the internet during dinner time or study hours so that they don’t get distracted from eating or studying. For example, you can restrict web browsing for your kids with their web filter and block any inappropriate content from being accessed on their devices. You can also track their location history any time you want.Īlso, with FamilyTime’s geofencing feature, you can create safe zones around your home and office where you will be notified when your kids enter or leave these safe zones.įamilyTime also offers some great parental control features not available on Net Nanny. With the FamilyTime app, you can easily track your kids’ locations in real-time and even get alerts whenever they leave or enter certain locations. You can use the FamilyTime app to monitor kids’ phones and track their location. In addition to regular users like children or teenagers, you can create profiles for adults such as older relatives who may have trouble with technology. Once you’ve logged in as an administrator, click “Add Device.” Next, you’ll need to give the device a name (such as “Home PC”) and select a profile (for example, “Mary Smith”). Everything is hosted online, so no matter how many computers your family uses, you can keep track of everything from one place. Configuring Net Nanny is straightforward, thanks to its simple interface. Finally, if you want to try Net Nanny for free before buying, select “Try for Free” under the green “Buy Now” button on .Īfter installing Net Nanny, you can log in from any computer to change its settings or monitor activity. Next, you’ll need to agree to the terms of service and choose a password for your account. Installing Net Nanny is easy - download it, enter your email address to create a Net Nanny login, and follow the on-screen prompts. Net Nanny is the parental control software that lets you filter what websites your children can visit, block apps or games they shouldn’t be using, keep them off social media sites, and so on. For example, you can create custom lists of approved or blocked keywords and change the default settings for each category on the content filtering list. One amazing feature of the Net app is its customizable filtering options. In addition, it has a list of adult-oriented sites built in that you can turn on with the click of a button. Parents can block websites that they don’t want their kids to visit using Net Nanny’s web filtering capabilities. It also logs activity, so parents know what their kids are doing online and sends alerts when suspicious behavior occurs. The Net Nanny Windows and Mac OS program works by blocking access to websites that contain certain keywords or fall into specific categories like pornography, gambling, violence, and hate speech. This iPhone parental control app can be used by any parent that wants to monitor their kids’ internet activities. It also offers features like location monitoring and social media tracking. Net Nanny is a parental control software designed to monitor a child’s internet use and protect them from harmful content. If you are wanting to go onward to the other towns and villages in Zaanstad, then there are good connections from the bus station at Zaandam. The bus lines number 92 and 94 go from Amsterdam several times and hour to Zaandam Central Station. Then you just place your card on the card reader when you get on and off of the transport and it will automatically debit your card for the correct amount. When you travel by public transport in the Netherlands, it is best to get an ov-chipcaart this is a small credit card sized card that you can take to stations and participating shops and load with credit for your travel. There are also trains going from Amsterdam central Station at least every 15 minutes, more in the busy times of the day, From there you can get bus connections to any other parts of the municipality. There are trains running directly from the airport straight to Zaandam twice every hour. If you are flying into Zaanstad you will arrive at Amsterdam’s Schipol Airport, where there are lots of inbound flights from Europe and the rest of the world. Getting To And Around Zaanstad Public transportation In 1974 the different towns and villages were incorporated into the municipality of Zaanstad and in 2011 the council moved into their new offices in Zaandam. In the later half of the 19th century the popular French painter, Claude Monet, of the impressionist movement stayed in the area and did several paintings of local beauty spots. In 2004 a sculpture was put up in Zandaam by the Yugoslavian artist Slavomir Miletic called “The Woodworker” in honour of the craft.įrom The 1600’s onwards, the land around Zanstreek was one of the main food producing areas of the Netherlands and made a contribution so great to the national food production that it was referred to as “the food basket of the Netherlands” Whaling was also very important at this time, with the area having access to the North Sea. In 1697, the Russian Tsar “Peter the Great” stayed in the area for 4 months under a pseudonym so that he could study and learn about carpentry and shipbuilding. Wood from Scandinavia used to be highly thought of in industry as the cold conditions made it grow slowly, this in turn made it very strong. Later on the wood from these mills also went to the making of paper. From the 1500’s the area around the river Zaan that was known as Zaanstreek contained a great many windmills whose primary purpose was to take in the lumber that had been imported from Scandinavia and to season and cut it so that it could be used in the shipbuilding industry. Much of the local wealth in the Zaanstad region has been built up in the timber industry. But the history of its components however goes much further back. The history of Zaanstad as a municipality did not itself begin until 1974, when the various towns and villages were formed in to the one region. All together they form Zaanstad, making it the 14th largest municipality in the Netherlands. All of the areas that go to make up Zaanstad are by or around the river Zaan. It has a population of around 150,000 and is a very industrial area.The municipality is made up of several towns and villages, Koog aan de Zaan, Wormerveer, Westzaan, Zaandijk, Zaandam, Krommenie and Assendelft. If some problems cause delay, please contact us to extend the delivery date for you.Zaanstad is not of itself a city, but is rather a municipality of North Holland near to Amsterdam. Many situations such as bad weather, customs or sales hot season etc, will cause delay. International shipping usually takes 25-60 days.Customers will be responsible for import duties and local taxes. Russian friends pay attention: please fill in recipient 's full name when you place order due to the policy of Russian Post Office, otherwise you probably can't receive the parcel successfully.
I choose ******** for peace of mind, going with a certified Chevrolet service department. Yet they freely sent out a second transmission to ******** (the third party) without my knowledge of any warranty coverage disputes.Īs of now I am expexted to pay ******** for two installations of 1750$ per installation for a total of 3500$, not including fluids taxes etc. Jasper claims this is a warranty issue, and claims 3rd party concerns. ******** is charging me 175$ a hour for both installations. Jasper is now trying to claim that they are only responsible for 70$ a hour for the second installation cost incurred with their faulty product. ******** had to perform a full installation of said transmission before running diagnostic tests for proper operation. I became aware of this situation after the fact. THIS HAD BEEN SETTLED WITHOUT MY KNOWLEDGE. Jasper concedes that can happen and immediately sends out a replacement transmission. ******** also informed me that they had reached out to Jasper to address the failure. ******** informs me that it is a faulty transmission with a bad forward interior seal. I reached out to ******** April 26th to find out when I could pick up my vehicle. I ordered and paid for a transmission from Jasper on April 13th, to be delivered to ******** Chevrolet for installation on April 19th. I’ve filed a lawsuit in court this week and hopefully something comes from it, cause my attorney is costing me more than an engine would cost all because they are con artists. People that live check to check, people whose families can’t do things because we only have one vehicle and I have to work more than 60 hours a week to pay for this crap when I shouldn’t be because it wasn’t my fault first off, and secondly this is the second time! Which now my family is suffering because of their incompetence. It’s disgusting the things these companies are able to do to people with families and jobs. So now I’m paying on a vehicle I can’t drive because the dealership screwed me, and the engine company is aboard that same train, screwing me too. Might as well just call the company garbage engines. Complete garbage, customer service-garbage, warranty-garbage, engines - garbage. I personally will walk to work before I ever put another Jasper engine in my vehicle. Call Jasper cause it’s under warranty, and still we are expected to pay out of pocket because their warranty cost is less than every installers price, why the hell would you offer a warranty knowing **** well it’s useless because every shop charges more than what your willing to pay and the customer, ( me ) is going to get screwed no matter what. And now that engine has blown up also with less than 3k on it. 3 months later we get the jeep back and within a week that Jasper engine started making noise. Why would they? And Records show it was the second engine at that time, which ***** never mentioned to us in the first place, **** ***** sent it to a shop to have a Jasper “remanufacured”engine aka junkyard engine put in. 2011 jeep wrangler with only 100k on it, drove off the lot and literally made it down the road and the engine blew up. |