ie8 fix

Guns n Roses leaker faces prison time

By | August 28, 2008, 9:07am PDT

Summary: How he got ahold of them, he’s not saying but LA blogger Kevin Cogill did get ahold and posted unreleased songs from a new Guns n Roses album, Chinese Democracy. Cogill awoke Wednesday to find five FBI agents hauling his ass into a federal district court, charged for violating the Family Entertainment and Copyright Act [...]

How he got ahold of them, he’s not saying but LA blogger Kevin Cogill did get ahold and posted unreleased songs from a new Guns n Roses album, Chinese Democracy. Cogill awoke Wednesday to find five FBI agents hauling his ass into a federal district court, charged for violating the Family Entertainment and Copyright Act of 2005, cnet crave reports.

That law might sound like Chinese democracy to you but it’s actually truly the law of America:

The Family Entertainment and Copyright Act of 2005 makes the sharing of pre-release copyright material a felony punishable by up to three years in prison and up to $250,000 in fines.

On Cogill’s blog, Antiquiet, buddy Britney Bernstein reported on the proceedings:

The U.S.A. requested bail be set at $50,000. Skwerl’s court-appointed attorney thankfully called B.S. on that one and recommended his bail be $5,000 and that this case is the kind of case where the defendant should have been summoned to appear instead of being accosted by five F.B.I. agents at his home in a quiet neighborhood.

Interestingly, the Judge chimed in to add that he had actually recommended that it be a summons case and wasn’t sure why it went down as it did. He also dismissed the idea presented by the U.S.A. that squirrels be forbidden to use the internet.

In the end, the Judge ruled that his bail be in the form of a signature bond at $10,000. What that means is that Skwerl has to remain within the Central District of California until his next court date or someone has to cough up that 10k. So for now, he’s home… Stay tuned.

Wired notes that Axl and Co. could file a civil infringement case against Cogill for $1 million-plus … if they could take the negative PR.

Kick off your day with ZDNet's daily e-mail newsletter. It's the freshest tech news and opinion, served hot. Get it.

More from “ZDNet Government”

Topics

Disclosure

Richard Koman

http://government.zdnet.com/?page_id=3731

Biography

Richard Koman

Richard Koman is an attorney admitted to practice in California. As a technology writer since the mid-1980s, Richard Koman has documented the role of computing in the transformation of the graphic arts, the growth of the Web and the birth of the peer-to-peer phenomenon. He worked as a book and web editor for O'Reilly Media throughout the 1990s, editing several influential websites and numerous best-sellers. As a lawyer, as well as a tech writer, he brings a unique perspective to the blog's intersection of law, government and technology.
18
Comments

Join the conversation!

Just In

RE: Guns n Roses leaker faces prison time
We7Steve 31st Aug 2008
This heavy handed approach to filesharing sends out the wrong message, as we see in this instance, it paints the filesharer as a hero and creates a backlash against the band.

It is indefensible that someone should steal unreleased music and post it on an internet site and it is essential that Cogill is punished in some way for his actions, but in order to significantly reduce all types of file-sharing, consumers should be encouraged to value music as something that should be paid for (whether that be by ad-funded models like We7, or via their own cash) by giving them more legal models to discover, share and download music rather than heavily punished against it.

Steve Purdham
CEO - We7
http://www.we7.com
0 Votes
+ -
I think it should be a civil matter, myself...
John L. Ries Updated - 28th Aug 2008
...but if Congress made it a felony, then we can't blame the US Attorney if he takes prompt action. No sympathy for the leaker.

BTW: I really didn't want or need to see the cover photo. It's not at all relevant to the story.
0 Votes
+ -
Forget you! I love that cover! woot! hottie!
Been_Done_Before Updated - 28th Aug 2008


Your just mad cause your at work posting when you should be working.
0 Votes
+ -
Re: I love that cover! woot! hottie!
Arm A. Geddon Updated - 28th Aug 2008
Me too!! I'm 50 years but I'm not dead yet. wink
0 Votes
+ -
welcome to the jungle...sweet child...
0 Votes
+ -
A FELONY?!?!
bblackmoor@... 28th Aug 2008
Why in HELL is this a felony?

What are the Media Robber Barons and the Digital Rights Mafia doing to this country?!
0 Votes
+ -
They dont want theives to be able to vote.
Been_Done_Before 28th Aug 2008
One less person who can appose them during an election.
0 Votes
+ -
Would it be any different
AllKnowingAllSeeing 28th Aug 2008
if this guy stole the plans to your new product, or a manuscript you wrote, and posted it on the internet?

If it caused you to lose your chance to earn a lot of money from it, would you still fell the same?
0 Votes
+ -
How is it different?
Reindeer911 28th Aug 2008
Realistically how is this any different than some other user posting songs on a P2P network at the very moment a new album is released? One is facing jail, the other a fine. Considering that filesharing has been around for ~ a decade and that people who have ever used a P2P network at some point in their lives ranges in the hundreds of millions, can you or anyone put together a convincing argument that posting these otherwise unreleased songs on the internet is ultimately going to make a significant difference for generated royalties? Is it going to stop P2P use, people from going to GnR concerts, or people who would otherwise buy their music legitimately from doing so? I seriously doubt it.

Another question to ask is how throwing this guy in prison going to be of benefit to anyone? If he becomes a convicted felon, then at the very least he becomes yet another tax burden to the rest of society... meaning that it will end up being the rest of us who will pay for his actions.

No, I'm not attempting to justify what this guy did in any way. However, I do agree with the others who think that throwing this guy in prison for posting these songs is excessive punishment.
0 Votes
+ -
"Another question to ask is how throwing this guy in prison going to be of benefit to anyone?"

Just like the gramma the RIAA sued because her grandkids d/l music or some such. Yes, everyone thought that was wrong... but I know a LOT of people who no longer use p2p to get new music. They are scared of getting sued. Now that they might go to prison, I imagine there will be even more people who switch to a legitimate means to get their music. Hopefully by going to live local shows & getting the CDs directly from the artist.
0 Votes
+ -
Why in HELL is this a felony?
deowll 28th Aug 2008
They bought Congress and the White House.

Based on behavior I can only assume most of the members of both parties would pimp thier kid sisters for a few grand.
0 Votes
+ -
This stuffs already on torrent sites.
Been_Done_Before 28th Aug 2008
The FBI just fails... grab the blogger cause hes here in the US.. leave the guys who are transmitting to millions where they are because they are overseas.

Not a guns and roses fan.. but lol.
0 Votes
+ -
Squirrels using the internet??
Takalok 28th Aug 2008
He also dismissed the idea presented by the U.S.A. that squirrels be forbidden to use the internet.

Methinks your spell checker ran amok.

But the image of the US attorney requesting squirrels rather than Skwerl be banned from the internet was amusing.
0 Votes
+ -
Re: Squirrels using the internet??
Arm A. Geddon 28th Aug 2008
Mice...Yes!! Squirrels...No!! happy
0 Votes
+ -
that explains all of the ...
jbenjam 29th Aug 2008
... junk e-mail about getting "bigger nuts".
0 Votes
+ -
Move to Mexico
z33511@... 29th Aug 2008
I don't understand the outcry. You demand all the rights and privileges of living in "free" America, but then you refuse to live up to your responsibility to uphold the law of the land. Yes, it's a felony. Why? Because the law makes it so. Don't like the law? You have two legal options. 1) Petition your legislative representatives to change it, or 2) Move to some rampantly corrupt country where the rule of law doesn't matter, like Mexico. If you don't want to be legal, you should be prepared to join "skrewd" in jail.
0 Votes
+ -
love the cover
0 Votes
+ -
This heavy handed approach to filesharing sends out the wrong message, as we see in this instance, it paints the filesharer as a hero and creates a backlash against the band.

It is indefensible that someone should steal unreleased music and post it on an internet site and it is essential that Cogill is punished in some way for his actions, but in order to significantly reduce all types of file-sharing, consumers should be encouraged to value music as something that should be paid for (whether that be by ad-funded models like We7, or via their own cash) by giving them more legal models to discover, share and download music rather than heavily punished against it.

Steve Purdham
CEO - We7
http://www.we7.com

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

White Papers, Webcasts, & Resources
ie8 fix