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Re: Alleged Guns N' Roses Leaker Pleads Innocent
Neemo wrote:yeah i get that part but he streamed the audio...not offered it for download...so isnt that the same as a radio station playing leaks? they get issues a cease and desist then if they dont comply then the shit hits the fan
I think that's really his only line of defense. The problem is that often the judges and juries have little understanding of the technological details of these cases. I mean, imagine trying to explain to your mom the difference between posting a download link for an mp3 and posting a streaming link for an mp3 which downloads to a temporary cache file in your computer, and can easily be captured by various plugins and techniques.
Also, the songs weren't playing as part of a continuous stream like a web radio station, you clicked to play them in an embedded player, right? Again, this may be a small detail, but the jury may be completely clueless as to understanding the difference.
dude if the legal system is that flawed then thats bad if they are charging somone for something they should uynderstand the infraction they are chargin him with
Re: Alleged Guns N' Roses Leaker Pleads Innocent
^ If the case goes to full-blown trial (w/ jury) The guy is screwed, as he will at least get a hefty fine and probation, if not a few months in the slammer also. But, at this point, as I've said, I don't think it's going to trial, as it will be dismissed or a plea bargain will be reached. I'm quite confident of this, and apparently his attorney is too (not guilty plea)
Re: Alleged Guns N' Roses Leaker Pleads Innocent
Reduced Charges for Guns N' Roses Uploader, Deal 'in the Offing'
By David Kravets EmailOctober 30, 2008 | 3:51:19 PM
Federal authorities said Thursday they are reducing the criminal charges levied against Kevin Cogill, the Los Angeles man accused of uploading nine pre-released Guns N' Roses tracks from the aging band's upcoming Chinese Democracy album.
Los Angeles federal prosecutor Craig Missakian declined to say why the U.S. attorney's office has changed the charges from a felony to a misdemeanor, a move limiting Cogill's maximum prison exposure from five years to one.
Cogill's attorney, David Kaloyanides, said prosecutors "decided that a misdemeanor was more appropriate."
On Tuesday, the authorities and Kaloyanides are expected to pick a trial date. However, "A deal may be in the offing," he said.
According to court records, Cogill, who runs the music site antiquiet.com, uploaded nine songs from the 14-track album on June 18. Court records allege he confessed to the FBI. The case was cracked by an investigator with the Recording Industry Association of America, according to court records.
Cogill also faces monetary damages if the band sues him.
The felony Cogill was charged under requires the authorities to prove the distribution of pre-released, commercial material over the internet for financial gain or commercial advantage.
Under the misdemeanor statute, (.pdf) the authorities must prove copyright infringement of the right of performance, distribution or reproduction accomplished for commercial gain or financial advantage. Using the internet is not required and the material does not need to be pre-release.
Chinese Democracy is to debut next month.
The nine tracks Cogill allegedly uploaded are: "Chinese Democracy," "Better," "The Blues," "Madagascar," "There was a Time," "IRS," "Rhiad and the Bedouins," "Prostitute" and "If the World."
www.wired.com
Re: Alleged Guns N' Roses Leaker Pleads Innocent
The case was cracked by an investigator with the Recording Industry Association of America, according to court records.
Boy, that must have been a tough case to crack, when he posted them on his web page, drew in thousands of hits, and bragged all over about it.
The felony Cogill was charged under requires the authorities to prove the distribution of pre-released, commercial material over the internet for financial gain or commercial advantage.
Under the misdemeanor statute, (.pdf) the authorities must prove copyright infringement of the right of performance, distribution or reproduction accomplished for commercial gain or financial advantage.
The only financial gain he stood to make is increased traffic for his web page (which I'm sure has only grown thanks to the continued media coverage). But seriously, how much advertising income does his blog bring in even now? Probably not much.
And I also find this funny that a deal is being reached (and more free media attention is gained) just as Chinese Democracy promotion kicks into high gear. I know there are some people who thought this was a planned leak all along, just to build interest before the albums release. Which is exactly what this has done.
Re: Alleged Guns N' Roses Leaker Pleads Innocent
The only financial gain he stood to make is increased traffic for his web page (which I'm sure has only grown thanks to the continued media coverage). But seriously, how much advertising income does his blog bring in even now? Probably not much.
From his Google Adwords he probably makes fuck all.
The first antiquiet.com update posted after the leaks was a positive review of Motley Crues latest album. If he was paid less than 4 figures by Motleys label to post that he's been ripped off. It would definately have been in Motleys interest to be front page news on a site being flooded with hardcore 80's rock fans.
- mickronson
- Rep: 118
Re: Alleged Guns N' Roses Leaker Pleads Innocent
Federal authorities said Thursday they are reducing the criminal charges levied against Kevin Cogill, the Los Angeles man accused of uploading nine pre-released Guns N' Roses tracks from the aging band's upcoming Chinese Democracy album.
Los Angeles federal prosecutor Craig Missakian declined to say why the U.S. attorney's office has changed the charges from a felony to a misdemeanor, a move limiting Cogill's maximum prison exposure from five years to one.
Cogill's attorney, David Kaloyanides, said prosecutors "decided that a misdemeanor was more appropriate."
On Tuesday, the authorities and Kaloyanides are expected to pick a trial date. However, "A deal may be in the offing," he said.
According to court records, Cogill, who runs the music site antiquiet.com, uploaded nine songs from the 14-track album on June 18. Court records allege he confessed to the FBI. The case was cracked by an investigator with the Recording Industry Association of America, according to court records.
Cogill also faces monetary damages if the band sues him.
The felony Cogill was charged under requires the authorities to prove the distribution of pre-released, commercial material over the internet for financial gain or commercial advantage.
Under the misdemeanor statute, the authorities must prove copyright infringement of the right of performance, distribution or reproduction accomplished for commercial gain or financial advantage. Using the internet is not required and the material does not need to be pre-release.
Chinese Democracy is to debut next month. The nine tracks Cogill allegedly uploaded are: 'Chinese Democracy', 'Better', 'The Blues', 'Madagascar', 'There Was A Time', 'IRS', 'Rhiad And The Bedouins', 'Prostitute' and 'If The World'.
