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Saikin
 Rep: 109 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Saikin wrote:
bigbri wrote:

Dr Pepper, Rock Band, lawsuits, leaks, Azoff impostors, Idolator. The FBI? RIAA? GNRevolution in the news! Pure coincidence? I think not, folks.

Quoted for truth.

It's certainly getting GNR in the headlines again.

polluxlm
 Rep: 221 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

polluxlm wrote:
Saikin wrote:
bigbri wrote:

Dr Pepper, Rock Band, lawsuits, leaks, Azoff impostors, Idolator. The FBI? RIAA? GNRevolution in the news! Pure coincidence? I think not, folks.

Quoted for truth.

It's certainly getting GNR in the headlines again.

Yeah, and now they're washing clean of this too.

From gnr.com

"Presently, though we don't support this guy's actions at that level, our interest is in the original source. "

Will
 Rep: 227 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Will wrote:

GUNS REACTS TO ARREST

082808_axl_piano_large.jpg

Presently, though we don't support this guy's actions at that level, our interest is in the original source. We can't comment publicly at this time as the investigation is ongoing.

We appreciate your understanding,

Guns N' Roses

Source: GunsNRoses.com

polluxlm
 Rep: 221 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

polluxlm wrote:

I saw a picture of the FBI storming his house in full gear and automatic weapons. That after a recommendation from the judge that he be summoned due to the low severity of the case. Azoff may not have much pull with the FBI, but he probably knows a few over at RIAA, and that organization most certainly have a relationship with them. Adds to the drama. The press loves that too of course.

Convenient that the suit includes 9 old songs, but not the one about to come out. Then to avoid a fan backlash they release a statement going "of course we can't agree, but this is not something we're too concerned about". Elegantly directing the case at the easy targets, the record industry.

Clever campaign their running. That's certainly a change in the right direction.

Aussie
 Rep: 287 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Aussie wrote:

I think the statement shows they are involved in this to a certain degree.  Their interest is in the original source, just as presumably Universal's is.  Also if they can't comment publicly as the investigation is ongoing, does that not tell you they are involved at some level.  If they were an innocent party sitting on the sidelines then they could comment on it just like you and I can.

Don't get me wrong I don't blame universal and GNR for wanting to plug the leak and going after the ultimate source - I would too.  All I am saying is that GNR has had a level of involvement in this and from a PR marketing point of view I think its been damaging for them.  Now I don't know who the bright spark was that decided to send 5 FBI agents rather than just ask the guy to come down to his local station etc.  This could have all been handled quite discreetly - but it wasn't.  So that says to me that somebody wanted to send a message and that message was most likely sanctioned by GNR or Azoff also.

Unfortunately I don't think anything positive can come out of this for the GNR camp.

James
 Rep: 664 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James wrote:

I will try to explain one more time, but some of you, it seems come to this board to not only perpetuate lies, but also to attack the band which you must enjoy, which is implicit in your visitation to this board.

Don't accuse people of "perpetuating lies" here. People are just posting their opinions here. Just like you. Just because you don't agree doesn't make it a lie.

Here are the facts:

Funny how half of those facts are opinions.


it is a copyright violation.

Which we haven't seen proof of yet, and if/when we do, the entire internet may get sued by these guys.

You guy's are missing a major point, once it was determined this was leaked out of Universal, then GNR had no control over the subsequent events.

Didn't miss the point at all. The point you miss is the fact that the artists credited to such material must be consulted on the issue. You can argue your point til the cows come home but it doesn't change that one fact. Could the RIAA pursue a case regarding this without Axl's consent? Possibly. It would immediately get thrown out of court though.


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)."

I knew you would eventually post a quote that proved my point. Thanks.

"The band is in the position now where they can start a civil action, and they would be successful," says Rubin

No they wouldn't. Huge corporations like myspace, facebook, and youtube generate millions of dollars in ad revenue while streaming these leaks. This guy generated zero. All it takes is someone with half a brain to point this out in court and this guy goes home.

Dr Pepper, Rock Band, lawsuits, leaks, Azoff impostors, Idolator. The FBI? RIAA? GNRevolution in the news! Pure coincidence? I think not, folks.

16 When this first happened, I considered the possibility it was some sort of promotional tactic. However, there's so many risks for a backlash that I doubt they would use such a strategy.


Presently, though we don't support this guy's actions at that level, our interest is in the original source. We can't comment publicly at this time as the investigation is ongoing.

We appreciate your understanding,

Guns N' Roses

Source: GunsNRoses.com

14 Have fun tracking down that original source. Axl can spot the original source just by walking into a different room in his house.

Bright Eyes 2005
 Rep: 27 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

--GNR had NOTHING to do with Skwerl getting arrested.  Fact:  once he wrote a letter confessing his guilt, the Fed's had no choice but to prosecute.  James, AT THAT POINT IT DID NOT MATTER IF THE PRESIDENT CALLED--NO ONE CAN STOP A CRIMINAL PROSECUTION ONCE ITS ESTABLISHED THE LAW IS BROKEN.  HOW MANY WIVES TRY TO STOP TRIALS FOR THEIR HUSBANDS THAT HAVE BEATEN THEM?  SADLY, MANY, BUT THEY CANNOT STOP THE LAW.  That is fact, that is how it works, I hope you never find out the hard way.  If it makes you feel better, to continue to post bogus information, then so be it.  Now GNR has said, we don't support him leaking, but are interested in the source.  Yes, collectively GNR and Universal want to find out the source, because it was from an employee of Universal.  Just like the CIA must find a mole, Universal must find the leaker (more than just GNR has leaked recently from Universal) in their Distribution department.  Does that make sense--it should.

--The only other reason, would be, that Azoff has figured out through a private investigation that Fernando is the source, and knows he must drive them out of the picture for this thing to get going.  I highly doubt this.  I am sure they need to get to the bottom of who at Universal is the mole--so the company can protect their content going forward.

Sorry, the people blaming Axl yesterday for this are completely out of touch with reality.  He had no control over Skwerls reckless actions which led to his arrest.  Think of it (story below), did Axl hypnotize this guy, and convince him to give the FBI a written confession to illegally distributing copyrighted content?

http://blog.wired.com/27bstroke6/2008/0 … er-co.html

FBI: Uploader Confesses to Pre-releasing Guns N' Roses Tracks
By David Kravets EmailAugust 28, 2008 | 6:45:07 PM

Gnr The California man arrested Wednesday for allegedly uploading pre-released Gun N' Roses songs to his blog has provided a "typed, signed confession" to the FBI, according to court records unveiled Thursday.

What's more, the investigation into to the Culver City man began last month after the Recording Industry Association of America tipped off the authorities, wrote Jensen Penalosa, an FBI agent in a filing in Los Angeles federal court made available Thursday.

Kevin Cogill, aka Skwerl, uploaded the nine songs on June 18, according to the affidavit, which was the basis for Cogill's arrest at his apartment. A day after the uploading, according to the affidavit, (.pdf) an RIAA investigator alerted the FBI, Penalosa said.

"Cogill provided a typed, signed confession which stated that he had posted the unreleased Guns N' Roses songs to the internet on his web site www.antiquiet.com," Penalosa wrote.

Cogill did not return e-mail or telephone messages seeking comment.

Cogill is charged with one count of violating Title 17, United States Code Section, 506 (a) (1) (C). The copyright infringement charge is related pre-released material, "distribution of a work being prepared for commercial distribution by making it available on a computer network accessible to members of the public."

The charge is a "felony punishable by imprisonment for not more than three years or, if the offense was committed for commercial advantage or private financial gain, for not more than five years."

According to court records, the antiquiet music-review site crashed because there were so many hits.The affidavit also says the nine recordings have been removed from the site, which does not appear to be operational at this time.

Photo dave1968's photostream

James
 Rep: 664 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James wrote:

GNR had NOTHING to do with Skwerl getting arrested.

Thats not a fact. Its an assumption. You make your points well enough without having to point out everything you say is 100% true and factual.


Fact:  once he wrote a letter confessing his guilt, the Fed's had no choice but to prosecute.

Thats not a fact. The Feds have many choices, and chasing down random bloggers who stream ancient demos is just one of those choices.

I agree that the guy so openly leaking stuff and admitting to everything but the JFK assassination pretty much sealed his fate regarding potential heat, but the people on the other side of the fence had a choice in the matter.


The only other reason, would be, that Azoff has figured out through a private investigation that Fernando is the source, and knows he must drive them out of the picture for this thing to get going.  I highly doubt this.

I doubt that as well, but Azoff is smart enough to know this was an internal leak from Axl's inner circle.


Sorry, the people blaming Axl yesterday for this are completely out of touch with reality.

No its called having an opinion thats different than yours. If anyone is "out of touch with reality", its those who think a copyright infringement lawsuit can move forward without zero say by the owner(s) of the copyright.


Cogill is charged with one count of violating Title 17, United States Code Section, 506 (a) (1) (C). The copyright infringement charge is related pre-released material, "distribution of a work being prepared for commercial distribution by making it available on a computer network accessible to members of the public."

14

Note to Cogill and his attorney: There's your loophole. Guns N Roses and Uni have to actually prove that the songs were "being prepared for commercial distribution".

I can see the judge now.....

"You say Chinese Democracy starts now? Where's the beef?"

Bright Eyes 2005
 Rep: 27 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James Lofton wrote:

GNR had NOTHING to do with Skwerl getting arrested.

Thats not a fact. Its an assumption. You make your points well enough without having to point out everything you say is 100% true and factual.


Fact:  once he wrote a letter confessing his guilt, the Fed's had no choice but to prosecute.

Thats not a fact. The Feds have many choices, and chasing down random bloggers who stream ancient demos is just one of those choices.

I agree that the guy so openly leaking stuff and admitting to everything but the JFK assassination pretty much sealed his fate regarding potential heat, but the people on the other side of the fence had a choice in the matter.


The only other reason, would be, that Azoff has figured out through a private investigation that Fernando is the source, and knows he must drive them out of the picture for this thing to get going.  I highly doubt this.

I doubt that as well, but Azoff is smart enough to know this was an internal leak from Axl's inner circle.


Sorry, the people blaming Axl yesterday for this are completely out of touch with reality.

No its called having an opinion thats different than yours. If anyone is "out of touch with reality", its those who think a copyright infringement lawsuit can move forward without zero say by the owner(s) of the copyright.


Cogill is charged with one count of violating Title 17, United States Code Section, 506 (a) (1) (C). The copyright infringement charge is related pre-released material, "distribution of a work being prepared for commercial distribution by making it available on a computer network accessible to members of the public."

14

Note to Cogill and his attorney: There's your loophole. Guns N Roses and Uni have to actually prove that the songs were "being prepared for commercial distribution".

I can see the judge now.....

"You say Chinese Democracy starts now? Where's the beef?"

Once a federal law was broken, then the prosecutor had no choice but to proceed.  State law gives some leeway involving minor, civil type issues (bar fights, if no major injuries were observed, being one example).  Again, Axl had nothing to do with Skwerl being charged.  The RIAA, FBI, and Universal did not need Axl to tell them that antiquiet.com leaked nine new GNR songs.  It was only on every major news station, news website, and radio station in the world for 48 straight hours, repeating by the hour. 

I suppose, though, that someone saying the world is flat is just expressing an opinion?  I say they are wrong, or insane, or, most likely both.  Axl had nothing to do with Skwerl's arrest and indictment, that happened on it's own.  Moreover, the world is round.

Aussie
 Rep: 287 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Aussie wrote:

How then does the RIAA or FBI know that this wasn't an intentional publicty stunt by GNR.  Answer - they check with them first and ask them if it is ok if they go ahead with chasing this guy.

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