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- Topics: Active | Unanswered
- Bright Eyes 2005
- Rep: 27
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
The question, or argument some make as to somehow there needed to be validation this was copyrighted material, I believe is making a more complicated technicality of something very simple.
GNR's ownership, and copyright of this material is implicit. Virtually everyone knows this is copyrighted material, thus the description, now a noun, calling these "leaks". Moreover, due to GN'R's high profile, unlike a local band, it is almost common sense that this is copyrighted material. Very simply, we all know it, thus easily proven in court,--this is GN'R's material, art, from an unreleased album named Chinese Democracy. Skwerl himself delivered a description stating this on his website, the day he leaked the material. Another point, again, this looks like it was stolen from Universal. If Universal had it, and their business is distributing music, then that proves that this material was intended for release.
Again, the level that the RIAA went after this, I believe, is directly related to him stating he used to work for "Universal Distribution" in news interviews the day this leaked. If one was caught forging money, it is a crime; but once one states they worked for the U.S. Mint, it quickly becomes a far more serious crime.
Now, the I do wonder (big time wonder, borderline conspiracy theory with little evidence), has anyone seen any news stories with Universal commenting? We have seen Front Line comment, but not Universal. There is an outside shot that if the leak was generated through Universal (willingly or unwillingly), they could be in a bit of a pickle when negotiating with GNR and Frontline--concessions could, or may have to be made. That though, is an outside shot.
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
The question, or argument some make as to somehow there needed to be validation this was copyrighted material, I believe is making a more complicated technicality of something very simple. GNR's ownership, and copyright of this material is implicit. Virtually everyone knows this is copyrighted material, thus the description, now a noun, calling these "leaks". Moreover, due to GN'R's high profile, unlike a local band, it is almost common sense that this is copyrighted material. Very simply, we all know it, thus easily proven in court-
Might be simple, but its still a fact. No diversion tactic will change that.
Of course its copyrighted. However, documents proving this will have to be brought into court. Guess whose name is on those documents? When those documents are brought to court, we go from the FBI and RIAA being the "bad guys" to Axl Rose joining their team.
If skwerl's attorney has an ounce of sense, he has already requested these documents.
Skwerl himself delivered a description stating this on his website, the day he leaked the material. Another point, again, this looks like it was stolen from Universal. If Universal had it, and their business is distributing music, then that proves that this material was intended for release.
Again, the level that the RIAA went after this, I believe, is directly related to him stating he used to work for "Universal Distribution" in news interviews the day this leaked. If one was caught forging money, it is a crime; but once one states they worked for the U.S. Mint, it quickly becomes a far more serious crime.
This is a gray area as there is no album and no release date, but I agree with the overall aspect of that point. This guy entered a new ballgame by insinuating there was involvement at Uni. That was a big mistake on his part. Regardless of whether or not the claim can be proven, he shouldn't have done that.
If this goes to trial, Bumblefoot will be getting a subpoena. No doubt there. The copyright infringement claim of "distribution of a work being prepared for commercial distribution" goes against everything he has said since the day he joined the band. He always tells the world, "those songs are old. that ones a fan edit,etc.". Gonna be hard for an infringement case to be made on unreleased material when we have a band member saying the songs weren't intended for release. Dizzy might get a surprise as well. Claimed the Better on the HD ad was a demo and not worthy of release. Judge might like to hear the HD ad and compare it to the Skwerl leak.
How is something old and not release worthy being prepared for commercial distribution?
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
And before anyone tells me it can't be done, ever try to copy a Disney VHS tape? MACROVISION. Yes, it can be broken, but it's a bitch and way f'in expensive to do so.
Hah, that's funny. A macrovision killer costs around $40. Furthermore, any random computer video capture card can strip macrovision without a problem.
Either way, don't you know that the recording industry actually moved away from copy protection no so long ago? You know why? They realized that the big losses are not people casually copying a disc for their friends, it's the guys who thrive on breaking copy protection and post the result on the net.
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
MACROVISION {the company}, has successfully sued the organizations that make these "macrovision killers" out of business. Furthermore, the few scramblers that are reputable and exist now are MADE BY MACROVISION and pricey.
To own and/or manufacture these devices is illegal in Europe. Period.
Can you get a cheapie $40 buck descrambler? Yes. The result will be similiar to the cheap price you paid.
And...the difference between hooking up a vcr to a descrambler, routing it into a computer, using your video capture card, adjusting and tweaking the pictures through the peak bright and dark periods...is a hell of a lot more difficult than putting a CD or DVD in drive and copying it or uploading it to the internet.
So much more difficult in fact, that these macrovision protected Disney VHS tapes routinely sell for hundreds of dollars. I helped pay for my daughters braces by selling my original copies, when I found out how much they were worth.
Who would have thought that ""Westward Ho, the Wagons!" would pay for braces?
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
If this goes to trial, Bumblefoot will be getting a subpoena. No doubt there. The copyright infringement claim of "distribution of a work being prepared for commercial distribution" goes against everything he has said since the day he joined the band. He always tells the world, "those songs are old. that ones a fan edit,etc.". Gonna be hard for an infringement case to be made on unreleased material when we have a band member saying the songs weren't intended for release. Dizzy might get a surprise as well. Claimed the Better on the HD ad was a demo and not worthy of release. Judge might like to hear the HD ad and compare it to the Skwerl leak.
I don't understand this at all.
They were being prepared - these leaks were at various stages of completion - even if they're from 2006, they're from a project that's "being prepared for commercial distribution". Those particular recordings weren't intended for release - obviously, the blance and MP3s all sound like shit because some people can't make a MP3 if their life depended on it, and the mixing levels burried Axl at some points. It doesn't matter - it's still "being prepared".The opposite of being prepared is if someone stole Axl's sex tape he made. THAT's not being prepared for commercial distribution, but he does have a copyright on it since he madeit.
The judge isn't going to ask to hear Harley ad or any other kind of nonesese or print out forum posts.
- Bright Eyes 2005
- Rep: 27
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
This music, be it a note, a demo, or whatever format it is in is is copyrighted and protected by Universal, and Axl and Universal's joint publishing venture Uzi Suicide.
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
Yeah I'm not buying the "they're demo's and weren't actually intended for release" excuse. You're telling me if someone leaked a demo "November Rain" back in 1989, a song Axl had worked on for 10 years or so, that would be okay? I think we're getting a little too picky here. Even if they are demo's and they aren't in their finished state, the basic song structure is there. I'm sure a lot of bands have a lot of demo's out there that nobody's heard. Why don't we leak them all, since they're only demo's? Especially for songs that haven't even officially been released yet. Not sure that's the direction we want to go in.
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
yeah i agree with faldor. what james is talking about might change what the charges are but the fact remains that the "demos" were stolen and illegally distributed. them not being finished actually adds the possibility of being further compensated for damages due to people hearing free and unfinished work and being turned off from buying the music after it is done and release. so hurry up and release it!!!
