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#291 Re: Guns N' Roses » Fed's affidavit in response to Chinese Democracy leaks » 906 weeks ago
The title of your post is completely misleading. This is the Fed's affidavit, not GN'R's. Secondly, this complaint was filed by the RIAA not GNR, whose task force most likely started investigating this leak within minutes of Rolling Stone's leak story.
#292 Re: Guns N' Roses » **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today** » 906 weeks ago
Here is the legal brief so no one can question this anymore--THIS WAS THE RIAA, NOT GNR. Also, it notes the case began when an RIAA special investigator notified the FBI--not GNR. Also, it details the law, there is no doubt this material is copyrighted--if it wasn't, then the Fed's would not have prosecuted.
http://www.thesmokinggun.com/archive/ye … 2gnr1.html
The RIAA's copyright unit has been going after these infringements for the past several years. The record labels signed a joint agreement, which created a task force unit within the RIAA which specifically monitors and seeks out music industry copyright infringement. Many times there is no prosecution, because the band leaks it itself. Obviously, GNR did not leak this, so that is answered.
#293 Re: Guns N' Roses » **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today** » 906 weeks ago
James, I love your Devil's Advocate take, but I reiterate, once the FBI was involved, this was out of GN'R's hands. Moreover, trying to claim this material is not copyrighted is blatantly false
#294 Re: Guns N' Roses » **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today** » 906 weeks ago
Might want to call that lawyer again. There is nothing in the public domain that proves a copyright on these particular songs, therefore no action can be taken by third parties without the consent of the owner of said copyright.
Lets not be delusional. While Axl may not have sued this guy personally, he most certainly gave it his seal of approval, unless he gave all copyrighted work to someone else, which we know didn't happen.
I'm not saying this dude is a saint. He obviously made a few mistakes along the way, but to insinuate that the GNR camp is as innocent as Mary Poppins is a giant leap I'm not willing to take.
I am not going to argue with you--these songs are jointly owned by Universal Music and GNR, there are all kinds of legal precedents and statutes which have determined this. In fact, unreleased material, is a far more serious copyright offense. The RIAA, caught wind of this, and under their agreement with the labels asked for the FBI to "scare the shit out of this guy, and see if he shakes". Well, he then admitted he broke the law--one that hit the federal prosecutors desk, by law he has to prosecute. It does not matter James, you don't want the guy who shot you to be prosecuted, but once it is deemed he shot you and by doing so broke a law, the prosecutor has to act. Any blame directed towards the band regarding this is childish, and based off some insane feeling like they are somehow a part of the band or suffer from Freudian super-ego issues. I feel for the guy, but think about it, why is anyone pissed at the band for this? Makes no sense at all.
#295 Re: Guns N' Roses » **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today** » 906 weeks ago
Neemo, no, the RIAA filed the complaint, and the legal system gets to decide if the charges are dropped or not. GNR and label have NO control over this. Moreover, once he said "I worked at Universal distribution" it was all over for him. It's like leaking the vipp data code to print money, and then saying on your blog "I used to work for the U.S. Mint department". At that point, you just f***ked yourself.
At the end of the day, it does not matter, this is just more publicity for GNR.
Also, please understand, I side with Skwerl on this, but it is important to keep things factual. GNR fans pissed at the band over this are in la la land. I mean, if Axl told the guy to leak the songs, that's understandable, but he did not.
#296 Re: Guns N' Roses » **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today** » 906 weeks ago
I hate to burst your bubble, but the owner of any copyrighted property must be consulted before any legal action is taken. This isn't a Devo record from the 80's being downloaded on Limewire. Its songs from an album thats never been released.
Hell, they're gonna have to show proof of copyright when they walk in the courtroom simply because its never been released.
James--the music was stolen from the owner, Universal. Skwerl would probably have been OK, if he would not have said that he got the stuff from his friend "who works at Universal" and that he "used to work at Universal in distribution". Universal, at that point, had to act. If all of their artists find out that "Distribution" is leaking the music they make contractually for Universal, then Universal is libel for breach of contract suits from here to eternity. All the record labels, and the RIAA formed an agreement regarding copyright infringement many years ago, and the RIAA has a unit for this. And yes, I am sure the prosecutor told Axl the laws this guy broke. "Consult" in legal terms means "inform". GN'R, has no say in "if", "how" or when anyone who breaks a law is prosecuted.
Update--just got off the phone with a copyright lawyer. All of the above, and in my first post is 100% correct. GnR has no say whatsoever in this--once it was deemed a law was broken, then there is nothing they can do. They are "informed/consulted" about the investigation, and at that time told how the person will be prosecuted. As idolator states--GNR can, if they decide they want to (They WILL NOT--Again, WILL NOT--what's GNR to do, sue Skwerl for his computer?), file Civil actions--which is totally seperate (a la O.J. Simpson, innocent in criminal court, guilty in Civil court--where he had pay personal damages to the Brown family).
#297 Re: Guns N' Roses » **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today** » 906 weeks ago
Folks, GN'R has no say in this! This is a federal attorney, and the RIAA. Again, GN'R have no say. Put it this way, Axl can petition them to not file, and to release him, but it does not matter. This is a legal issue, and the RIAA caught wind, informed the FBI, they investigated on orders from a federal prosecuting attorney, and then found he broke the law. Plain and simple.
THERE IS NO BASIS, OR COUNTERARGUMENT HERE--THIS IS FACT, AND HOW IT IS. So, anyone blaming GN'R, or the band for this is flat out wrong, and that's the end of the story.
Too bad for this guy, but that's the risk he knowingly took when he leaked the music.
#298 Re: Guns N' Roses » Watch You Bleed: The Saga Of Guns N Roses » 906 weeks ago
I am going to buy Stephen Davis book tomorrow--Hammer of the Gods is possibly the greatest rock book ever written! It's a huge compliment to the legacy of GN'R that he chose them as a subject.
#299 Guns N' Roses » Rock Band 2 Trailer with... » 907 weeks ago
- Bright Eyes 2005
- Replies: 4
Is this real?
#300 Re: Guns N' Roses » Paul Tobias/Mank Rage » 907 weeks ago
Bright Eyes 2005 wrote:Well Billy Howerdel (A Perfect Circle, Ashes Divide) was working during the 96-98 phase. I was surprised to read recently one of Geffen/Universal's A&R people (cannot remember his name--Geffen A&R working on the project 96-98) insinuate that Bill Howerdel was actually playing on the songs (not a bad thing obviously), and not just engineering. I would have love to see Stinson, Reed, Tobias, Finck, Howerdel, Freese, and Pitman live! In fact, the A&R guy said the material was great, and would have been a very relevant album if it had been released.
pitman didnt come into the fold until 2000, before that there was a guy by the name of stuart white who did the synth on OMG
I have always been curious if Stuart White and Gary Sinshine both are Billy Howerdel? Or, is there confirmation they are real people, and not pseudonyms?
