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

[Naltav]

I am torn on the amount of harm they do to a band, any band.  If the music is good then I think the harm is minimal.  It can create a buzz and fuel sales.  But if the songs sucked then there could be great damage.

Ok.

So here's a scenario:

An album is coming out in a few months. Tracks from it leak online today.

Many people listen to them without paying.


The artist has no control over what gets heard, how and when.

Maybe he/she had a plan to release one song ahead of the album's release, maybe there were other plans.

No, everything is pretty much wasted.

Some of the surprises are no longer surprises. People have heard the tracks.

Did I mention nobody paid to hear the songs?



If artists want to use the Internet to promote their music, they often do so. There's web sites, Myspace, Youtube and all kinds of outlets for that.

A lot of them put songs on their Myspace pages before the albums are out. But the difference is, they get to choose what songs and when.

Not some leaker.



/jarmo

The whole leaking-filesharing-torrenting thing has to me "two faces"... There's the leaking of finished products and unfinished products.

I have sympathy for the bands/artists that have their material leaked online before the songs are "complete". Imagine you are a famous, well respected painter, and someone breaks into your house and steals the painting you're working on and distribute it around the world saying "hey! look at this!! This is Picasso's new painting!!"  As an artist I would hate if that happened.... I would go: "what are you guys talking about?! This not the finished painting!!"

But If a new finished product got around the world and people loved it! The artist should (in a world where art isn't big buisness) be happy about that!

If an artist takes action on the leaking of FINISHED products, then it's all about the money, there's no way around it....

When it comes to the GN'R-leaks we've had over the past years, I believe most of us have listened to them and thought: "wow, this sounds amazing, can't wait to hear the finished product". And since we've been starved for such a long time we couldn't help ourselvs!!

The filesharing/torrenting-technology  is here to stay! There is no question about that anymore! So the artists, managers, money- and marketing people in the buisness should really stop trying to fight it, and rather work WITH it!!

I use the technology to listen to newly or soon to be released albums, to determin if it's worth having in my collection. It's just easier then driving 30 min to the nearest recordstore and listen to it. That way, I know when I buy an album, I know it's worth having in my collection.

It's been documented that the people who download music "illegally" the most, are also the people who buy most CD's. So the people their're fighting is in fact their best customers. The technology has only given us the tool to determin the great albums from the albums with one or two good songs!

[GNR_Green]

I wonder if this will be a landmark case in the industry?  You have to think that the piracy issue will have to be solved sooner or later.  Who will win, the pirates or the labels?  I say labels as some artists choose to give their music away.

[Bodhi]

All of the stuff had been available for download for 8 years?  So songs in live version yes, but as far I recall studio demos first leaked in 2006, not counting the Piazza IRS leak.

I was talking about live versions too.  Madagascar, Chinese Democracy, The Blues, Rhiad were all available since early 2001 in live versions...The others since 2006 minus "if the world" and "untitled".....Thats why i dont think Axl's hand was "forced."  There were only 2 tracks revealed that have not been heard somewhere before...

[tat2d1]

I see his charges have been reduced to a misdemeanor. Probably because they knew they couldn't get a conviction on the felony charges.

[erose]

I see his charges have been reduced to a misdemeanor. Probably because they knew they couldn't get a conviction on the felony charges.

Or he helps them find the original source....

[dub05]

I would bet my life on the fact they already know the source .

Suspended sentence i bet.

[bolton]

and what happened with guy?

[younggunner]

does anyone know if Axl himself reduced the charges? My local radio station this morning said that Axl reduced the charges and was offering a reward to anyone who comes foward with information about who in the higher ups of Universal helped with the leaks

[Olorin]

Sounds like speculation, it wasnt Axl who went after him, it was the record company. But I do think it is a good opportunity for Axl to get some good publicity if this guy was dealt with leniently.

If Skwrel gets 5 years you know who the backlash will be aimed at

[younggunner]

yea they probably mis read an article but they said that Axl was more concerned about how Skwrel obtained the tracks and that is why he lessened the charges....

[FunkyMonkey]

Cogill's attorney, David Kaloyanides, tells E! News that the feds have now reduced the felony count to a misdemeanor, which carries a maximum one-year prison term.

"Discussions are always ongoing, but both sides are a lot more flexible now," he said. "Hopefully, we'll be able to come to a satisfactory resolution."

Even if Cogill's found guilty, as a first-time offender he would likely receive probation instead of prison, per his lawyer.

Cogill, currently free on $100,000 bail, has so far not revealed where he came across the tracks.

No word if he's willing to spill the beans. A spokesman for the U.S. Attorney's Office was not immediately available for comment.

http://www.eonline.com/uberblog/b66677_alleged_guns_roses_leaker_catches_break.html

[jarmo]

Guns N' Roses Uploader to Plead Guilty
By David Kravets EmailNovember 10, 2008 | 4:14:30 PM


The Los Angeles man arrested on accusations he uploaded nine pre-released Guns N' Roses songs from the upcoming Chinese Democracy album has agreed to plead guilty to one federal count of copyright infringement as part of a deal, the authorities said Monday.

"Yes. There is a plea deal," (.pdf) Los Angeles federal prosecutor Craig Missakian said in a telephone interview.

Cogill, who the FBI said confessed to uploading the nine songs last summer to his music site, antiquiet, is scheduled to enter a plea Dec. 8. Terms of the deal were not disclosed.

Still, the authorities reduced the charges from a felony to a misdemeanor last month ? a move that exposes him from five years to a maximum one-year prison term. Because of an acceptance of responsibility and the defendant's lack of a criminal record, the 27-year-old Cogill is likely to receive substantially less time, if any.

"His sentence is up to a judge," Missakian said.

Cogill's attorney, David Kaloyanides, was not immediately available for comment. It was not known whether the 27-year-old Cogill, as part of the deal, must acknowledge where he obtained the nine tracks he is accused of uploading June 18.

The Recording Industry Association of America brought the case to the FBI's attention, according to court records.

Chinese Democracy, a 14-track album, is set to debut next month.

http://blog.wired.com/27bstroke6/2008/11/guns-n-roses-up.html




/jarmo

[D]

If I were the one who gave this dude those tracks, I'd be  pissing myself right now.

He obviously turned state's evidence to get that deal.

[TWT]

I wonder if intends to apply for his free Dr Pepper?

[14 Yrs Of Silence]

Glad everyone can move on from this soon.  Will be interesting though to hear who his source was, if we indeed find out.  

[AC]

Glad everyone can move on from this soon.  Will be interesting though to hear who his source was, if we indeed find out.  

No doubt, especially if it's someone close to the band, studio, processing plant, etc.

a.

[SLCPUNK]

He'll get probation and a big fine.

[thomas]

Chinese Democracy? Leaker Changes Plea to Guilty
11/11/08, 9:02 am EST

The blogger who leaked nine songs from Guns N? Roses? Chinese Democracy has agreed to change his plea to guilty in a deal that will reduce the charges against him to a single federal count of copyright infringement, a Los Angeles prosecutor said. Under the deal, Kevin Cogill, the writer for the website Antiquiet who leaked the tracks back in June, will only face a maximum of one year in prison. Whether or not Cogill must reveal his source for the leaks as part of the deal has not been revealed. The plea bargain will bring to an end a tumultuous six months for Cogill. Following a visit from the FBI, Cogill told Rock Daily ?If legal proceedings come my way, I?ll face them 100 percent.? ?I?m not afraid of that. I did what I did, and I?ll face the music if I have to.? Chinese Democracy will finally be released in its finished form on November 23rd.

http://www.rollingstone.com/rockdaily/index.php/2008/11/11/chinese-democracy-leaker-changes-plea-to-guilty/

[themsbreaks]

I don't like this.

Imo, ideally, all "information", music included, should be free to all, for the following reason:  If you "give" something like music away - you still have it.  Unlike say...a loaf of bread or something.  If someone "steals" your loaf of bread, you've lost your loaf of bread and are now at a disadvantage.  But if someone "steals" a song you've written, and puts it on the internet, you still have it.

At the same time though, I totally agree that musicians (and authors etc.) should have the right to do whatever they want with their creation's.  They should be in control of what happens with their creation's.

The problem I think, is that we've moved things into the realm of "money/commerce" that shouldn't be there in the first place.

It used to be that printing a book cost money.  But now, anybody with a computer can "publish" anything they want and "put it out" to an audience of billions, for ZERO cost.  This is great.  Same thing with music.  Technology has come along, and allowed us to do things that used to cost a lot of money and labour (printing books, pressing albums, etc), for next to nothing.

[cybercurves]

This wasn't about stealing - Copyright Infringement is a Federal Offense.  The guy was responsible for thousands of copies ending up in everybody's hands without permission from the Copyright Holder. 

cybercurves