Guns N? Roses Uploader Gets House Arrest, Will Make Anti-Piracy Ad

[FunkyMonkey]

Guns N? Roses Uploader Gets House Arrest, Will Make Anti-Piracy Ad

July 14, 2009

A Los Angeles man who pleaded guilty to a misdemeanor charge of uploading pre-release Guns N? Roses tracks was handed one year probation and two months? home confinement Tuesday after agreeing to cooperate with the Recording Industry Association of America to produce an anti-piracy message.

Kevin Cogill was arrested last summer at gunpoint and charged with uploading nine tracks of the Chinese Democracy album to his music site ? antiquiet.com. The album, which cost millions and took 17 years to complete, was released in November and reached No. 3 in the charts.

Cogill faced a maximum of a year in prison. The authorities, however, originally were demanding six months, claiming the amount of infringement equaled $371,000. The higher the number, the longer the potential prison term.

According to court documents, after Cogill agreed to help produce an anti-piracy public service address with the RIAA, the government withdrew the $371,000 figure and agreed not to fine him. Los Angeles federal authorities in March said the figure was a ?reasonable estimate? that gave the defendant the ?benefit of the doubt.? The calculations, the government said, were based on each downloaded Guns N? Roses track being worth 99 cents on iTunes.

As part of the 28-year-old Cogill?s guilty plea in December, he informed the authorities that he received the music online and unsolicited ? a confession prosecutors said might pave the way for more ?targets? to be prosecuted.

Cogill uploaded nine songs from the 14-track album on June 18, 2008. Court records show he confessed to the FBI. The case was cracked by an investigator with the RIAA.

In March, the RIAA said it believed the infringement amounted to $2.2 million. (.pdf) The record labels said it would accept $30,000, instead of $2.2 million, if Cogill ?was willing to participate in a public service announcement designed to educate the public that music piracy is illegal.?

Prosecutor Kevin Missakian said in a telephone interview that the public address will either be a radio or television message of ?Kevin talking about the importance of protecting copyright holders? rights in their songs and movies.?

Missakian added that the government was ?satisfied? with the sentence, but ?the government had asked for some jail time in hopes of sending a stronger message.?

http://www.wired.com/threatlevel/2009/07/guns-n-roses-uploader-gets-home-sentence-agrees-to-produce-riaa-anti-piracy-message/

[LeftToDecay]

It's encouraging to see the court system of U.S of A managing something reasonable and rational this time around.
...I was half expecting some typical "You were naughty so we decided to ruin your life, 300.000$$$ fine lolz" - bullshit.

[willow]

I'm glad the guiy didn't get away with it.

[cineater]

I'm okay with that but he has to say GNR in the add.  Free publicity for the band.

But on the other hand maybe he shouldn't mention GNR, you know more negative publicity.

Which to chose? 

Double edge sword there.

[FunkyMonkey]

From Billboard....

He said in court Tuesday that he posted the tracks to promote the band, not hurt it.

A federal prosecutor had asked a judge to sentence Cogill to some prison time, but U.S. Magistrate Judge Paul Abrams said he felt Cogill had learned his lesson.

[draguns]

A lot of other people who brought the U.S. economy in a downward spiral should have been put in jail for a long time! The judge made the right call in this situation. Justice has been served and it's good to see that the guy will not owe money or spend jail time.

[horsey]

now see when leaks happen again ,you should think more .don't go there you might be nextt   lololololol '

[D]

I think he should've got the electric chair.

[Classic Case]

ye now hes the bad guy and he deserves to die, but when the songs leaked he was a hero.

[maynard]

the guy did more to promote gnr than axl himself. bad publicity for the band.

[D]

He tried to promote himself

fuck that guy

I have no problems with leaks

but don't try to use something of someone elses to try and makes yourself infamous or what not and then try to act like some martyr or some shit.

This guy should've been somebody's prag for a year or two.

[cineater]

I don't know, the guy had to plead guilty because he didn't have the money to fight them.  Innocent until proved guilty is a myth.  In some ways we are no better with justice than countries where they can just come and take you away.  It's true, their funds are unlimited and yours are, legal battles cost big bucks.  Many people go down just because the can't afford the legal bill.

I'm sure there were some legal issues here that never came to the table.  They tried establishing legal presedence with this case and the judge shot them down with a light sentence.  They may have won the battle but they lost the war. 

Still, my advice to any one thinking a years probation ain't shit, it cost that guy more of his own money than he ever wanted to spend.

[downzy56]

Whatever dude,

Anyone here who wants to attack this guy has every right so long as they themselves didn't download the songs. 

Before you publicly ridicule this guy, state first whether you had either heard or downloaded these leaks. 

I'm betting no one here can make such a claim.

In the end, does it really matter.  It appears at this point in time that all parties involved (Guns N' Roses, Axl Rose, Geffen, Best Buy, Azoff) have washed their hands of Chinese Democracy.  While I believe that artists have the right to say when and how their art gets distributed, in this case I think the leaks actually helped more than they hurt.

If you want to blame someone for the lackluster sales of Chinese Democracy, this guy would not be at the top of the list, not even close.

Cheers,

Andrew

[WTTJ_91]

Whatever dude,

Anyone here who wants to attack this guy has every right so long as they themselves didn't download the songs. 

Before you publicly ridicule this guy, state first whether you had either heard or downloaded these leaks. 

I'm betting no one here can make such a claim.

In the end, does it really matter.  It appears at this point in time that all parties involved (Guns N' Roses, Axl Rose, Geffen, Best Buy, Azoff) have washed their hands of Chinese Democracy.  While I believe that artists have the right to say when and how their art gets distributed, in this case I think the leaks actually helped more than they hurt.

If you want to blame someone for the lackluster sales of Chinese Democracy, this guy would not be at the top of the list, not even close.

Cheers,

Andrew

  You hit it on the nail exactly!

[Jdog0830]

Guns N’ Roses Uploader Gets House Arrest, Will Make Anti-Piracy Ad

July 14, 2009

A Los Angeles man who pleaded guilty to a misdemeanor charge of uploading pre-release Guns N’ Roses tracks was handed one year probation and two months’ home confinement Tuesday after agreeing to cooperate with the Recording Industry Association of America to produce an anti-piracy message.

Kevin Cogill was arrested last summer at gunpoint and charged with uploading nine tracks of the Chinese Democracy album to his music site — antiquiet.com. The album, which cost millions and took 17 years to complete, was released in November and reached No. 3 in the charts.

Cogill faced a maximum of a year in prison. The authorities, however, originally were demanding six months, claiming the amount of infringement equaled $371,000. The higher the number, the longer the potential prison term.

According to court documents, after Cogill agreed to help produce an anti-piracy public service address with the RIAA, the government withdrew the $371,000 figure and agreed not to fine him. Los Angeles federal authorities in March said the figure was a “reasonable estimate” that gave the defendant the “benefit of the doubt.” The calculations, the government said, were based on each downloaded Guns N’ Roses track being worth 99 cents on iTunes.

As part of the 28-year-old Cogill’s guilty plea in December, he informed the authorities that he received the music online and unsolicited — a confession prosecutors said might pave the way for more “targets” to be prosecuted.

Cogill uploaded nine songs from the 14-track album on June 18, 2008. Court records show he confessed to the FBI. The case was cracked by an investigator with the RIAA.

In March, the RIAA said it believed the infringement amounted to $2.2 million. (.pdf) The record labels said it would accept $30,000, instead of $2.2 million, if Cogill “was willing to participate in a public service announcement designed to educate the public that music piracy is illegal.”

Prosecutor Kevin Missakian said in a telephone interview that the public address will either be a radio or television message of “Kevin talking about the importance of protecting copyright holders’ rights in their songs and movies.”

Missakian added that the government was “satisfied” with the sentence, but “the government had asked for some jail time in hopes of sending a stronger message.”

http://www.wired.com/threatlevel/2009/07/guns-n-roses-uploader-gets-home-sentence-agrees-to-produce-riaa-anti-piracy-message/

God Dam man even the FBI were after him thats fucking crazy shit and arresting him at gunpoint holy fuck thats just insane stuff!!!!

I never heard the leaks or downloaded the songs I bought the album but from what people told me the leaks sounded terible compared to the finished album so no regreats on waiting for the album but in the end I think this guy got what was comming to him and that is you dont FUCK WITH GN'R THEY WILL FUCK YOU UP WITH THE GOVERMENT!!!

[Albert S Miller]

I can honestly say I am not guilty of downloading, cuz I don't know how .  So guess Jdog and myself are NOT GUILTY.  I on the oth er hand, heard some of the songs at RIR  and at other concerts on the 06 tour in which myself and plenty of others here paid to see.

I think Keven Cogill got what he had coming, no matter what his reasoning was for his crime, it wasn't his job to do according to the ways of the law here in the US under any circumstance.  It does not matter how many of you think he was just helping to promote an album, I don't believe he was hired by the band to be their promoter and especially when the album hadn't even been released.  He's a dumb ass, douche bag and that is putting it mildly, he got less than he had coming, they should have made him apologize to Axl and company, or maybe it would have even been better if they had let Axl himself have his hand in regards to the punishment .  maybe a little "Get in the ring" with Axl, hee hee.

[FunkyMonkey]

From Kevin Cogill's Twitter.  The first post is interesting...smart guy.

no word on a civil suit. i still haven't revealed the source of the leak, but i might if they come after me for more.

the court has the right to do either of those things. only issue is with bracelet: i have to pay for it. but otherwise cool. ha.

it's not even house arrest. it's a lite version... and hasn't started yet. no worries.

celebrations will have to wait, i gotta catch up on work today.

thanks. no, it just means i check in and behave myself. lighter than house arrest. not sure on details yet. nin's still on.

it's not house arrest. but otherwise cool. RT: @dnord @wired is the first to cover @skwerl's sentencing:

probation, 1 year. first 2 months i'll be under supervision martha stewart style. no fines, no restitution, no jail.

http://twitter.com/skwerl

[ppbebe]

the court's decision sounds merciful and proper but he's not really willing to send an anti-piracy message, is he?

[FunkyMonkey]

Here is what he said regarding that...

@skwerl Will you really appear in a RIAA ad saying piracy is bad?

@bombou i will insist that what i talk about pertains only to what i actually did. in a nutshell, leaking, not piracy.

And this on the source of the leak...

no word on a civil suit. i still haven't revealed the source of the leak, but i might if they come after me for more.

they definitely don't want me explaining who was ultimately responsible.

[Ali]

Apparently, this guy told Rollingstone he leaked the songs to "promote" the band.

I am glad the guy didn't have his life ruined by something as trivial as song leaks, but for him to say that he leaked the songs to promote the band is complete bullshit.  If he cared about GN'R promotion and not promotion for himself, he would not have leaked them in such a way that made it obvious that he was the one who leaked the songs.  He was trying to draw attention to himself.  If that were not the case, he would have found a way to leak the songs more anonymously.

Ali