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Glen, please pass the sea salt and some serviettes.

The Yanks can call the napkins but my family would NEVER say that word in public. It was banned.

Then again there the help talk to you and we were taught the should never say a word. Odd.


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If it's in the papers, it's probably wrong.


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Quote:

Telling people where they can't acquire raw materials for their products seems over the line to me.

When they start telling companies to stop outsourcing their helpdesk and IT work to India and Costa Rica and every other third world they can find to work for a bag of rice, then they can hassle Gibson.




The pertinent ammendment of the Lacey Act that Gibson is mired in was proposed and supported by the United States Wood industry, to force American companies to buy American wood. Their argument was that it kept cheap wood out of the U.S. and protected American jobs, which it did for a lot of things like pulp wood etc. The wood industry didn’t take into account the big picture and the untoward effect it was going to have on companies that imported woods for making furniture and musical instruments. That is where the problems came up because they lobbied for a law that benefitted most of the wood industry but forgot about the possible impact on certain specialty wood businesses.

According to some of the information that has leaked about the case against Gibson, one of Gibson’s buyers sent emails that got picked up by the feds that indicated a recommendation to procure wood by means of the gray market. Specifically, Gibson recognized that even their legal sources were potentially compromised by corrupt foreign officials working with smugglers to enrich themselves and pretty much said, “why not go with the flow?” and since they are all crooks, go with the crooks with the cheapest price. Supposedly some of this gray market sourcing information got into the hands of the feds because there was so much infighting between the crooks smuggling the wood that one group of smugglers decided to take out the competition by turning in their competitors. No honor among thieves.

Gibson has now been put in the uncomfortable position of denying that their employee recommended a gray market purchase and rather than deny that he made the statement, they have had to argue that the statement is being taken out of context.


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It's worse than that Keith, at least according to the probable cause affidavit. The investigator showed the judge evidence of Gibson putting false declarations on US Customs import documents. Specifically, declaring the shipment was "finished fingerboards" when it was in fact sawn logs. Then, the final destination was not listed as Gibson but somewhere else who then forwarded the wood to Gibson. All that is a felony. You can't lie on official US Customs importation papers. More, according to the investigator the employees who, if you believe certain blogs are being "harassed" by over zealous federal marshals, were the ones who filled out those documents. Just because the boss tells you to do something, if it involves legal documents like Customs forms it's up to the employee to understand what they're signing and what the ramifications of it are. If they didn't know it was illegal to falsify Customs forms then those employee's are real idiots.

As a musician and a right wing conservative of course I don't want to see Gibson go down, of course I think these kinds of arcane enviro tree hugging laws are pure crap but that's beside the point here. If none of us knew it was Gibson, it's just some company who falsified Customs documents, law & order conservatives would shrug and say, good for the feds, bust 'em.

Most of us on the right side of the asle feel that the feds should be enforcing immigration law, it's certainly a crime to cross the border illegally. Well, we can't be hypocritical here. It's the same ICE in both cases. On one hand we're yelling they must enforce the law and on the other they should look the other way because it's our beloved Gibson and we think the whole wood import thing is bogus?

Whole groups of laws, including parts of the EPA, Endangered species, OSHA, all those kinds of laws are killing us as a country. From the EPA treating carbon dioxide as a greenhouse gas to the Endagered Species Act shutting down the water supply to farms in half of the central valley in northern California because of some stupid one inch fish. Now the feds are proclaming a 54 MPG average for new cars starting in a few years? That tiny pos Smart car only gets 50. What are we going to wind up driving, pedal cars with a battery? It's insane.

Still, when it's your ass on the line you can't pick and choose your laws. It is what it is and Gibson knew that all along from what I can see.

Bob


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I’ve been checking each day for something “new” in this saga, but it’s mostly rehashing what’s been said before. There was a pretty good article on Science 2.0.

http://www.science20.com/science_20/gibson_guitars_and_lacey_act_misused-82210

Quote:

For years, Gibson has been a part of Greenpeace "Music Wood" coalition, their CEO was on the Board of the Rainforest Alliance and Gibson was an early adopter of the certification created by the (useless) Forest Stewardship Council. Why has the Environmental Investigation Agency, a militant group funded by progressive billionaire George Soros, been lobbying the Justice Department so hard to go after Gibson?

We don't have answers to that yet and Gibson can't find out in court - because still no charges have been filed, meaning they have to file their own lawsuit and wait to get access to government proof. Under the Lacey Act, the government was able to raid the company and do millions of dollars in business damage without recourse.





Now we have a new name popping up in some of the articles.

“Environmental Investigation Agency”. A biased description of the agency follows:

Quote:

The Environmental Investigation Agency is a radical propaganda and agitation organization. It has pushed aggressively for the government to punish Gibson for not being green enough (despite Gibson’s long-standing history of yielding to green demands). EIA is supported by the anti-American billionaire Soros.




George Soros! Who woulda thunk it! So just for the heck of it, I typed the following into google:

Environmental Investigation Agency, George Soros, Gibson

Try it!

So this is just another twist showing the political motivations behind this whole thing.

Last edited by bobcflatpicker; 09/07/11 12:04 AM.
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Way back in the thread I mentioned that there was something besides democrat vs. republican in this raid and that it was something personal.

I also mentioned Mr. Juskiewicz affiliation with more than one responsible forestry coalition; including the Clinton Global Initiative. These are not your typical right-wing affiliations, folks.

I wonder if Mr. Juskiewicz and Mr. Soros have ever exchanged words?

There's something beyond the surface blather of Fox News vs. CNNBCPBSABC talking heads villifying each other. Whether that ever sees the light of day, I doubt we'll never know.

So, where's all those shipments of actual finished rosewood/ebony/you-name-it fretboards coming into N.A. from overseas to any N.A. made guitar maker? I certainly don't find evidence of that on Martin's site, or Taylor's site or anywhere else. That wood simply does not exist naturally in N.A. without it being imported, and you can bet that checking any builder's site - they are not claiming: "Fretboard and wires, binding, m.o.p. inlays all hand crafted in India before being sent to us so we can glue it on to your custom-made guitar"

Because it simply would not be true.

There's a vendetta underlying this thing with Gibson - it just stinks of that.


Last edited by rockstar_not; 09/07/11 06:45 AM.
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And to that Scott, I say "so what?". What's that got to do with what the investigator uncovered? Have you not yet read the probable cause affidavit? If not then click on the link and read it.

Think back to the Watergate affair and the resignation of Nixon. I was a few years out of the Air Force then and living in the DC area. I was convinced that the whole thing was a political witchhunt too. The Washington Post was a left wing hit squad and all that good stuff. Well, guess what it may have started out as a left wing hit job but they found the witch didn't they? That case caused me to be a bit more even handed with these things and to not jump too high to conclusions.

If you want to assume this is a vendetta great, lets say it is. Lets say the AG actually went all the way down to the ICE unit handling these things and he told them to target Gibson because he has a good source of information about it. So then the wheels of the DOJ start turning and the raid based on this probable cause affidavit is the result. Are you saying all that evidence is bogus, that since this is nothing more than a political vendetta that the investigator, his superiors and assistants are all conspirators in a plot to bring down Gibson? Somehow those Customs documents are forgeries too? Where have we seen that argument before? The OJ trial. A "downtown" LA jury found OJ innocent because they believed Furhman, all the investigators, the CSI crime lab and everybody else all conspired to falsify evidence in order to frame OJ. Are you saying that is what's happening here with Gibson? That all those people are falsifying evidence?

If that's not what you're saying then if the evidence shows Gibson did in fact falsify declarations on Customs documents then Soros found his witch too, didn't he? I don't like his motives, I can't stand his politics but if the evidence is there, then that's it isn't it? At least for now of course. This is only in the investigation stage, nobody's been convicted yet. It may be dropped because Gibson has a good explanation for what's on those customs documents. It's just that this seems pretty simple to me. Either those declarations are correct or not. If they're correct this could be cleared up in a day but if not then it's time for lots of smoke.

Bob


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Bob,

Quote:

This is only in the investigation stage, nobody's been convicted yet.




Shucks Bob, Gibson hasn’t even been charged yet! Since you are focused solely on the affidavit, let’s look at “sawn logs” from pages 8 - 10.

http://jonathanturley.files.wordpress.com/2011/09/20110819154237897.pdf

The dimensions are 510-530 X 70/75 X 10mm. That’s less than 21in. long X less than 3in. tapered to 2-3/4in. wide X slightly over 3/8in. thick. Does that sound like “sawn logs”? Or does that sound like fretboards? The wood was declared on the Certificate of Origin from India as “Indian ebony finger boards”. The wood was already pre sized and tapered for guitars. All that was left was for them to be fitted and sanded to suit individual guitars.

The “sawn logs” term makes it sound as if a tree was strapped to a pallet with a shipping label stuck to it.

I don’t want to try to dissect this mind numbing affidavit and debate minutiae, but this whole thing stinks to high heaven, or as Scott said:

Quote:

There's a vendetta underlying this thing with Gibson - it just stinks of that.




Could it be that George Soros found out the Gibson CEO is a long time Republican contributor and decided to have him targeted because of that?

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Quote:

I don’t want to try to dissect this mind numbing affidavit and debate minutiae,...




I know, Bob believe me I know. We're musicians here, not lawyers. Unfortunately, if we're going to argue this then dissecting the minutia is exactly what we have to do. From your local city pet licensing laws to the US/USSR Start treaty to the latest health care legislation it's all minutia. We have to try to wade through it in order to figure out what's going on.

I didn't want to do this because I assumed anyone interested would read that affidavit in full and yes, connect the dots, because you can't just cherry pick one part of it or another.

Here's part 10:

10. The international community uses "International Tariff Code" system or ITC, also known as the "Harmonized Schedule" or "HS", to simplify international trade in commodities including plants and plant products. Most relevant to this case is HS Code 4407, "Wood sawn or chipped lenghwise, sliced or peeled, whether or not planed, sanded or end jointed, or a thickness exceeding 6mm."

India prohibits the export of products classified under HS Code 4407 for all plant species harvested in India, without exception.


Exceeding 6mm. Without exception.

The investigator used several other numbered points to talk about his expertise and experience in this area. Maybe his statement "without exception" is wrong. We'll see.

Now look at your quote from number 19:

19. From a review of the paperwork accompanying the shipment, WI Theurer determined that the shipment was exported from India and contained twenty five (25) bundles of Indian ebony wood (diospyros ebenum) in the form of sawn logs, totaling one thousand two hundred and fifty (1,250) pieces, sawn to the dimensions of 510-530 x 75/70 x 10mm and 510-530 x 72/62 x 10mm...

Note the last dimension is 10mm. I'm no mathematician but I think that exceeds 6mm, no?

When you write out something that's going before a federal judge you have to lay it out precisely, point by point and build a logical case where one item number refers to other item numbers. It gets complicated because life is complicated. Sure, that means the judge or more accurately his law clerks are going to read it word for word, probably make notes and analyze it then present their conclusions to the judge. I've assisted a couple of attorneys with these kinds of legal briefs several times. In my case these were briefs for Federal Tax Court because the CPA firm I work for gets involved with that but the rules are the same.

Absolutely I agree this thing looks stupid. 6mm or 10mm?? You kidding me? They're calling something that size a log?? It's very easy to poo poo this talk about the definition of sawn logs and all that but that's the way the law is written and that's the language we have to use.

Gibson's been importing wood for how long now? All under the Lacey Act. Sure it's minutia but it's also Gibsons business to know all that minutia. Believe me they know the difference between 6mm and 10mm.

Number 20 goes into the final destination of the shipment. Quote:

The shipment was marked for direct transport in interstate commerce to Nashville, TN following United States Customs clearance. The actual final consignee in Nashville, TN is not identified. Natalie SWANGO, General Manager of LUTHIER MERCANTILE, identified the actual ultimate consignee as GIBSON GUITAR, when questioned by WI Theurer.

Number 21 is the biggie:

21. The CBP Form 3461, U.S. Customs entry declaration, for the shipment listed LUTHIER MERCANTILE as the importer of record. LUTHIER MERCANTILE (of Windsor, CA) was declared to be the ultimate consignee, in contradiction to the Lacey Act declaration and other paperwork listing the final destination of the wood to be Nashville. In addition, the imported wood was falsely declared to CBP as "VENEER SHEET <= 6MM OTH, OT" and further listed the false HS code as "4408.90.0195", to match the false description. The false description and HS code beginning in "4408", fraudulently presents as a shipment that would be legal to export from India, and, in turn, would not be a violation of the Lacey Act.

This is what I was talking about when I said this case looks pretty simple to me. If Gibson is innocent all they have to do is quote the relevant portions of the law that says there are exceptions not 'no exceptions' like the investigator said, a 10mm size is ok even though they declared it to be 6mm veneer sheet and here's where they meet that exception and finally explain how they came to be in possession of the shipment when they were not listed on the CBP. Their attorneys could have a press conference about that and clear this up right now but given the evidence as described in the affidavit it doesn't look to me like they can do that can they?

Bob


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Lota of angles that this could still be an open case, IMO. What if Gibson ordered 6mm wood and it came in as 10mm? All it takes is a goof anywhere in the chain. Wrong part #, guy just didn't pass it thru the planer a couple more times and sent it out, nobody ever checked the actual thickness (or did knowingly and marked it wrong), an order comes thru to billing, they call the guy that orders and he says 'yep, theres an order of that expected' from his golf cart ... until gubmint showed up with a micrometer and gave it a good measuring.
I wouldn't doubt they knew it came in a little heavy, but since it was marked (and marketed)as legal size they just went with it; cost less, gives a little better choice of wood to guys here to work with. I don't think Gibson should be responsible for dimensions taken on products thousands of miles away. Should they have gone to the feds and said "we ordered 6mm wood and they sent 10mm, now we have to plane it more"?

Now if it came through labeled as 10mm, then why was it allowed to go through? I would think that something I sent through customs properly labeled would be good to go. They should know the law there in that office better than me.
4mm is kinda a small amount to be fighting over. It's another run thru the planer, done here or there. Not a lot of environmental impact there deciding where it gets done. Seems silly to me, even though I know the law says it's so. Intent of law vs letter of law I guess.


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All is speculation at this point, meaning it isn't worth paying much attention.

Besides, arguing over speculation doesn't seem very productive.

Such is the way of things that have to do with courtrooms and the law.

It ain't over until it is over, it also hasn't even started yet.


--Mac

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I'll go along with that. No more from me here.


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You're from Michigan Rharv. Ever read a UAW contract? Anything worth millions (billions) of dollars is negotiated down to the tiniest detail and one side or the other will enforce it.

One last example then I'm done with this too. I mentioned earlier I used to import vehicles from Canada in the 80's. We usually shipped them on big car carriers but one time I drove a nice late model Ford F350 XLT Lariat crew cab one ton dually from Calgary to the border crossing south of Vancouver. Just what people like GDaddy want to haul a big 5th wheel trailer around. When you arrive at the Customs inspection station, that vehicle must meet all US EPA and DOT environmental and safety laws. That means all the smog equipment must be fully functional, all the safety equipment like seat belts and proper safety glass have to be there and the correct EPA and DOT stickers have to be on the vehicle too. You can't have a non DOT approved replacement windshield for example. The agent walks up to me totally stone faced which is typical. I'm reminded of the line from the first Men in Black "yes ma'am, we at the FBI have no sense of humor that we're aware of". Right. He inspects the paperwork, goes over the truck with a fine tooth comb and while looking at the engine asks me "are you aware this vehicle does not meet EPA regs?" I about dropped a load in my pants. This is a twenty thousand dollar truck. He points out the belt was missing on the smog pump. A five buck part. He goes on to say how he can impound the vehicle and send it to a crusher and arrest me for smuggling and do I understand this? I go into my best Jackie Gleason impression "hummmanna, hummmanna, hummanna...I had no idea, our mechanic must have missed that, I'm so sorry". He finally said he's giving me two hours to get that vehicle in compliance or he will issue a warrant and forward it to the Canadian authorities and they will pick me and my truck up and present me back to US Customs. Oh, and he's carrying a big gun too.

Those people don't screw around and Gibson knows that. I think it's likely they would have busted Gibson for 1mm much less 4. Also I'm pretty sure there's actually a big, obvious difference between sawn logs no matter how small they are and veneer sheet. I could probably research that as well but I've done enough research for one thread.

My personal feeling on this is the problem for Gibson was the falsification of the consignor's final delivery address. That looks bad. If the consignor was correctly listed as Gibson Guitars this may not have been so serious. Hopefully the feds decide quickly a wrist slap is appropriate, no trial, the lesson is taught and Gibson can get back to work making fine guitars.

Bob


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There was a brief piece on Fox News this a.m. broadcast from the Gibson plant in Nashville. It closed with a brief statement. To paraphrase, "All the other major manufacturers are using the exact same wood and none of them are being prosecuted."

I'm a Strat man, myself, but if the budget ever permitted I might buy a Gibson just for solidarity's sake. Do they make anything with a whammy bar? (Oh, yeah--the Alex Lifeson LP at $6k. Maybe in another life.)


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Bob - I'm not claiming any innocence on Gibson's part - I don't think there's enough evidence to show why they have been raided multiple times now, without being charged with a crime.

I just think it's interesting that they have been singled out and that it seems like there never will be a day in court, since there's still something hanging on from the 2009 raid. Shouldn't that have been taken care of by now if it's all so cut and dried (wood that is)?

It seems patently undemocratic to me. The company is being held hostage without written cause or charges and their business will go up in smoke if it continues.

I will never have any thoughts now of putting any of my geetars up for sale on E-Bay, because they all have either rosewood or ebony parts, and those for darned sure didn't come from NA and there's no way for me to prove the wood's true provenance or true location of planing to under 6mm thickness.

It's this part that is the absolutely irritaing thing:

"India prohibits the export of products classified under HS Code 4407 for all plant species harvested in India, without exception.

Exceeding 6mm. Without exception."

How the heck did it get out of India then? Why should we be paying to enforce Indian law?

I'm sorry, but I think we've got plenty of other more pressing needs in this country than to enforce the minutiae of other countries' laws. That's my simpleton-not-a-lawyer-nor-do-I-play-one-on-TV view of this thing.

I'd rather see those employees of the Federal Government, of which we pay 100 percent of their salaries, employed in more productive manner than this.

This is regulation run amok, and though I don't have a very sensitive conspiracy meter in my DNA, it's pegged right now. I don't like it cause I'm paying for it and there's WAY bigger matters going unchecked that affect the world than this that I'd much rather be paying for.

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Quote:

My personal feeling on this is the problem for Gibson was the falsification of the consignor's final delivery address. That looks bad. If the consignor was correctly listed as Gibson Guitars this may not have been so serious. Hopefully the feds decide quickly a wrist slap is appropriate, no trial, the lesson is taught and Gibson can get back to work making fine guitars.





Let's assume for a second that the whole problem is the falsification of records.

Does it make sense that they would storm the company with weapons over paperwork ?
I'd expect a nasty letter from a hundred lawyers, some time to respond etc.

Telling them they can't ship parts until its resolved, (but making no effort to start the resolution process by filing formal charges) really does sound like its entirely punitive.

The only other thing that even remotely makes sense is if there were suspicions that wood wasn't the only thing being brought into the country. (suspicion of drug smuggling would explain the guns and the seizure of product for testing)

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Gestapo.


- Bud
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Dude. Gestapo? Really? You have no idea who they were or what they did to people.

Start here:

http://en.wikipedia.org/wiki/Gestapo

Don't use names like that unless you're talking about other secret police groups who show up at your house in the middle of the night, pull you outside, line you up against the wall and kill you. That's either before or after they've tortured you in unspeakable ways and I'm not talking about waterboarding.

Bob


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Looks like Obama will have an additional audience member to hear his speech on job creation tonight.

Quote:

WASHINGTON -- Gibson Guitar CEO Henry Juszkiewicz will be U.S. Rep. Marsha Blackburn's guest at President Barack Obama's speech on job creation tonight to a joint session of Congress, her office announced Wednesday.

Blackburn, a Tennessee Republican whose district includes parts of east Shelby County, did not say she found fault with the raids in the statement released Wednesday.

But she did say: "Maybe if the president spent more time finding real solutions to empowering small-business owners and less time hindering businesses like Gibson, we'd see more new jobs being created."




http://www.knoxnews.com/news/2011/sep/08/gibson-guitar-ceo-be-rep-marsha-blackburns-guest-o/

This probably isn’t the kind of attention he was wanting for his speech on jobs.

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If you’d like to see one of the “sawn logs” in question, check out the 2:21 second video inside the Gibson plant at top left in this article.

http://www.foxnews.com/politics/2011/09/07/does-white-house-want-to-ship-jobs-overseas/

A couple of key paragraphs in the article:

Quote:

What’s most puzzling about this case is that India is perfectly happy to ship the fingerboard ‘blanks’ to the United States. In a letter dated July 13, the deputy director general of foreign trade for India confirmed that “fingerboards made of rosewood and ebony is (sic) freely exportable.”
………………………………….
There was a discrepancy in the import of this latest shipment of wood. It was listed with an improper tariff code, which the importer, Luthiers Mercantile International of Windsor, Calif., claimed was a clerical error by a junior employee and tried to clear up. But rather than talk to the importer and Gibson about it, the Justice Department dispatched U.S. Fish and Wildlife and DHS agents to raid the Gibson compounds.




……………………………………………..

Bob, I agree with you on the “gestapo” remark. Terms like Gestapo, Nazi and even racist get thrown around too often with little or no regard to what they actually mean.

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Video: Volume Automation in Band-in-a-Box® 2024 for Windows®

We've created a video to help you learn more about the Volume Automation options in Band-in-a-Box® 2024 for Windows.

Band-in-a-Box® 2024: Volume Automation

www.pgmusic.com/manuals/bbw2024full/chapter11.htm#volume-automation

Video: Audio Input Monitoring with Band-in-a-Box® 2024 for Windows®

We've created this short video to explain Audio Input Monitoring within Band-in-a-Box® 2024, and included some tips & troubleshooting details too!

Band-in-a-Box® 2024: Audio Input Monitoring

3:17: Tips
5:10: Troubleshooting

www.pgmusic.com/manuals/bbw2024full/chapter11.htm#audio-input-monitoring

Video: Enhanced Melodists in Band-in-a-Box® 2024 for Windows®!

We've enhanced the Melodists feature included in Band-in-a-Box® 2024 for Windows!

Access the Melodist feature by pressing F7 in the program to open the new MultiPicker Library and locate the [Melodist] tab.

You can now generate a melody on any track in the program - very handy! Plus, you select how much of the melody you want generated - specify a range, or apply it to the whole track.

See the Melodist in action with our video, Band-in-a-Box® 2024: The Melodist Window.

Learn even more about the enhancements to the Melodist feature in Band-in-a-Box® 2024 for Windows at www.pgmusic.com/manuals/bbw2024upgrade/chapter3.htm#enhanced-melodist

Band-in-a-Box® 2024 DAW Plugin Version 6: New Features Specifically for Reaper®

New with the DAW Plugin Version 6.0, released with Band-in-a-Box® 2024 for Windows: the Reaper® Panel!

This new panel offers built-in specific support for the Reaper® DAW API allowing direct transfer of Band-in-a-Box® files to/from Reaper® tracks!

When you run the Plugin from Reaper®, there is a panel to set the following options:
-BB Track(s) to send: This allows you to select the Plugin tracks that will be sent Reaper.
-Destination Reaper Track: This lets you select the destination Reaper track to receive media content from the Plugin.
-At Bar: You can select a bar in Reaper where the Plugin tracks should be placed.
-Start Below Selected Track: This allows you to place the Plugin tracks below the destination Reaper track.
-Overwrite Reaper Track: You can overwrite previous content on the destination Reaper track.
-Move to Project Folder: With this option, you can move the Plugin tracks to the Reaper project folder.
-Send Reaper Instructions Enable this option to send the Reaper Instructions instead of rendering audio tracks, which is faster.
-Render Audio & Instructions: Enable this option to generate audio files and the Reaper instructions.
-Send Tracks After Generating: This allows the Plugin to automatically send tracks to Reaper after generating.
-Send Audio for MIDI Track: Enable this option to send rendered audio for MIDI tracks.
-Send RealCharts with Audio: If this option is enabled, Enable this option to send RealCharts with audio.

Check out this video highlighting the new Reaper®-specific features: Band-in-a-Box® DAW Plugin Version 6: New Features Specifically for Reaper®

Band-in-a-Box® 2024 DAW Plugin Version 6: New Features Video

The new Band-in-a-Box VST DAW Plugin Verion 6 adds over 20 new features!

Watch the new features video to learn more: Video: Band-in-a-Box® 2024 - DAW Plugin Version 6 New Features

We also list these new features at www.pgmusic.com/bbwin.plugin.htm.

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