Blogger arrested, accused of posting 9 unreleased Guns N' Roses songs

[chineseblues]

not all of us have the patience to wait 14 years to hear the new stuff

i think it's sad to arrest this guy. I'm aware that leaking songs is illegal, but does everybody know this? Maybe this guy isn't brightest person around or too young to understand...

Indirectly it's the fault of the GN'R camp / record company.

Of course he knew it was illegal, he said  he knew it when he posted them. How can you blame the band or the record label for this? Someone stole from them and then released it online. So how is it their fault?

[Albert S Miller]

ANy lawyer could get this man off, watch you'll see, there are so many hole sin this case

GUnsguy

And you've been to law school I see, or maybe dabbled with the law yourself, you seem to be an expert.  With a public defender lol, he better hope a decent attorney offers him pro-bono.

[AxlNow]

 Since the RIAA isn't the one suing, than it's not your typical case of file sharing. This is a case of something being stolen directly from a record company and then released. This makes it a Criminal theft. That is what this case is all about. This is why there are much more serious charges. If the CD had already been released and then he decided to share it, he wouldn't be in this ugly situation right now.  

[The_Wretched]

You know I posted a thread about when he got caught and was questioned... the thread was deleted. i gave a link to the news source...

don't understand that bullshit.

[jarmo]

Indirectly it's the fault of the GN'R camp / record company.

How can you blame the band or the record label for this?

Well of course it's the band's fault!

Can't you see?

If they had never recorded those songs, there would be no leaks!

 


/jarmo

[kaasupoltin]

Wow, what a nice example in the use of words, the admin is showing here!

Look, I don't need to be nice to so called fans who are obviously trying to fuck over the band they claim to support while breaking the law.

Too bad if you're so sensitive.

Now who's the sensitive one here Reading your comments make me think if you're having a period or something..? Don't worry, it'll ease soon..

[estebanf]

Kevin Cogill, 27, is accused of posting the songs, which were being prepared for commercial release, on the Internet blog Antiquiet in June, according to an arrest affidavit. The site received so much traffic after the songs were posted that it crashed, the affidavit states.

Nine songs that weren't his property. Nine songs from an album that's coming out.


If you can't see the difference, then I feel sorry for you.


/jarmo

I might be a little uninformed about all these things, but... how do YOU know that these nine songs will be included ''in the album that's coming''?

Are you saying that based on the information provided by the LA Times, or do you have another more legit source?

I've personally never read any confirmation like this one from any person from the GNR camp. That's why I'm asking.

[Ali]

From the Los Angeles Times...

For musicians, TV networks or movie studios, there is probably nothing worse than seeing their work available illegally online before it has even been released. The movie industry has put elaborate ...

... and largely effective security measures in place to make sure that doesn't happen.

And in recent years, pre-release pirates have faced the threat of prison time, not just fines, thanks to a new federal copyright law. People may not have worried about risking three years in prison for posting some songs that each retail for 99 cents, but they may want to start worrying now.

Cogill, who is appearing today in U.S. District Court in Los Angeles, is the first to be charged under the new federal statute in the West, said Kathy Leodler, director of investigations for the RIAA's Western region office in L.A. There have been others nationally, including two fans of singer Ryan Adams.

"The arrest of Kevin Cogill is great for the recording industry related to our online investigations. We are very pleased with the FBI's interest and the U.S. attorney's office's aggressiveness in pursuing this investigation," Leodler said. "We think we'll see more and more of these pre-release cases."

This only further proves that it was the RIAA who tipped off the FBI.  Thanks for posting.

Ali

From the Wall Street Journal:

Assistant U.S. Attorney Craig Missakian said the Recording Industry Association of America had alerted the Department of Justice to the case, and he planned to prosecute similar cases as they arose. ?We take this type of crime very seriously,? he said.

Well done.  There it is plain and simple.  I'm sure some people will still read into this and say "but it must have been Axl who told the RIAA.  The RIAA couldn't have acted without Axl's input."  

Ali

[jarmo]

Now who's the sensitive one here Reading your comments make me think if you're having a period or something..? Don't worry, it'll ease soon..

Obviously my comments bothered you enough to respond. Got anything to add to the discussion?

Of course not, you just have some kind of obsession with me and had to reply with this inane bullshit like usual.




I'm amazed by the some of the stupidity I've seen. Sorry, if that also offends any of you along with me using f-words on a GN'R board.

The guy broke the law and still some of you question why he was arrested.

Isn't it kinda obvious?

Not only did he break the law, he was bragging about it openly.

I might be a little uninformed about all these things, but... how do YOU know that these nine songs will be included ''in the album that's coming''?

Are you saying that based on the information provided by the LA Times, or do you have another more legit source?

It says so in the original article.

The songs were prepared for release. Either on the album or somewhere else.





/jarmo

[The_Wretched]

^ did you d/l the songs? or did someone get them for you Jarmo??

just wondering... because a lot of people d/l the songs, truthfully hardcore fans of the band. you know the ones who still remember the name of Guns N Roses.

[14 Yrs Of Silence]

If this was already brought up I apologize, don't feel like reading every post, but 6 of the nine songs were already out there, maybe a different version.  It will be interesting to see how this plays out.  But its very clear that this guy broke the law.  Thats the risk he took and the consequence he's now paying.  His girlfriend was quoted as saying after appearing in court, "rally the troops".  You think there will be protests?  I think this has been a long time coming.  Its really a shame that nearly everything leaks these days before release.  And hopefully this is only the beginning of the crack down (just so long as they focus on the distribution, not the consumption!).

[jarmo]

Guns 'N Roses Leaker's Fate Rests in the Band's Hands
By Eliot Van Buskirk August 28, 2008 | 10:22:40 AM Categories: Copyright and Copyfight  

The feds may have their hooks into him, but Guns 'N Roses leaker Kevin Cogill's real headache is still the band. Chances of him getting any jail time are slim, but Guns 'N Roses could bankrupt him -- if they want to.

"There's a specific law, the Family Entertainment and Copyright Act, that deals specifically with pre-release material -- the rationale being that it prevents the owner of the copyright from getting the first release," says entertainment lawyer Howard Rubin, a partner at Goetz & Fitzpatrick in New York. "The first release is always the one that's going to get the most profit for the person who owns the copyright. To take that first opportunity from someone is more serious, and is usually pursued criminally to try to prevent that (from happening again)."


<cut>

Cogill could end up owing even if he shows that his leak of the songs actually helped the Guns 'N Roses' bottom line by generating press coverage for the band. The statutory damages do not take into account whether any actual damage was done -- only that the infringement was intentional or malicious, which Rubin says would be relatively easy for Guns 'N Roses' lawyers to prove.

<cut>

"In my opinion, and I'm assuming it's his first offense," says Rubin, "I wouldn't expect significant jail time, but I would expect a fine and some jail time. It's a felony, not a misdemeanor, and the federal courts have guidelines depending on how much profit was made, the seriousness of the crime and whether the person cooperated," adding, "He may end up getting probation; I would be shocked if he got anywhere near three years in prison."



Full article: http://blog.wired.com/music/2008/08/guns-n-roses-le.html




/jarmo

[jarmo]

^ did you d/l the songs? or did someone get them for you Jarmo??

For the third time in less than a day: No, I didn't listen to the songs that this case is about.

The album is done. There's no need to spoil the excitement and element of surprise because somebody wants some fame for himself.



/jarmo

[Albert S Miller]

10 grand...

thats quiet alot of mulah for 9 song demos...

then again, it is illegal

How much time could he do in jail if he doesn't pay the bail?

anyone guess?

Just because the bail is set at that amount doesn't necessarily mean he has to come up with that.  Depending on the situation at hand 20% of the ten grand and some collaterol worth said amount to assure he will be in court and he is out.

[Albert S Miller]

not all of us have the patience to wait 14 years to hear the new stuff

i think it's sad to arrest this guy. I'm aware that leaking songs is illegal, but does everybody know this? Maybe this guy isn't brightest person around or too young to understand...

Indirectly it's the fault of the GN'R camp / record company.

guns n roses and Universal are responsible for this individuals activities? This guy is 27 years old, tell me he doesn't no right from wrong, or the difference between legal and illegal. It doesn't matter who's fault it is, nobody is responsible except the dude who let his fingers do the walking.  He broke the law and he got caught, time to pay the piper.

[faldor]

Ignorance of the law is not a valid excuse.  But the guy knew what he did was wrong, that's why he streamed the songs instead of posting actual links.  He thought that would excuse him and he probably didn't expect to get in THIS much trouble.  Well he was wrong, and it didn't help that he was so flippant about the whole thing. 
For those defending him by saying he probably didn't know the law.  Next time you get pulled over for speeding, try telling the police officer you weren't sure what the speed limit was so he should let you go.  See how much sympathy you get.

[The Prez]

my point is only: the guy did something which is wrong but why did he do that?
I don't said it's the band fault in a direct way, the fact is: the band/record company is already talking about new songs and a new CD since... I don't know 1999 or something... ? Since then they're giving the fans hope with 'soon is the word' or 'album is ready, tentative release dates'....
so all those things make that new songs are 'big secrets' in a sort of way and some people cannot keep a secret...

[Olorin]

I believe this is a step that had to be taken in order to deter people who are visiting GN'R forums and apparently offering money for unreleased Chinese Democracy songs.

Its also a good way to deter self promoters, claiming eternal glory for getting new songs, and who are also airing their dirty laundry in public without a care for the damage and hurt they might be causing to others.

Anyone who gets other new songs wont be so quick to post them online if this guy is getting his arse kicked big time.

I think this prosecution is for more of an example to others, rather than a quest to ruin the guy.

[chineseblues]

my point is only: the guy did something which is wrong but why did he do that?
I don't said it's the band fault in a direct way, the fact is: the band/record company is already talking about new songs and a new CD since... I don't know 1999 or something... ? Since then they're giving the fans hope with 'soon is the word' or 'album is ready, tentative release dates'....
so all those things make that new songs are 'big secrets' in a sort of way and some people cannot keep a secret...

You can't blame any of this on the band! In fact in 2002 Axl said "I don't know if soon is the word."

As for why the guy did it, only he knows. I personally think he only did it for attention and "fame".

[Oasis1]

BS - Jarmo, you listened to the leaks...who are you kidding???

Do you think Axl Rose is going to be impressed with your will-power and invite you over for a schnitzel dinner or something? Maybe he'll thank-you in the liner notes.