You are not logged in. Please register or login.
- Topics: Active | Unanswered
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
Guns 'N Roses Leaker's Fate Rests in the Band's Hands
http://blog.wired.com/music/2008/08/gun … es-le.html
By Eliot Van Buskirk August 28, 2008 | 10:22:40 AM
Categories: Copyright and Copyfight
The feds may have their hooks into him, but Guns 'N Roses leaker Kevin Cogill's real headache is still the band. Chances of him getting any jail time are slim, but Guns 'N Roses could bankrupt him -- if they want to.
"There's a specific law, the Family Entertainment and Copyright Act, that deals specifically with pre-release material -- the rationale being that (leaking this material) 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)."
Cogill could face both criminal charges from the federal government and a civil copyright infringement suit from the Guns 'N Roses camp. The criminal charges, which have already been filed, could cost Cogill $250,000 and up to three years in jail. Civil charges brought by Guns 'N Roses could prove more costly, even in the absence of any actual damage to the band. Statutory damages for releasing the material with intent or malice are up to $150,000 per song, for a total that could exceed $1.3 million.
Cogill could end up owing even if he shows that his leak of the songs actually helped the Guns 'N Roses' bottom line by generating press coverage for the band. The statutory damages do not take into account whether any actual damage was done -- only that the infringement was intentional or malicious, which Rubin says would be relatively easy for Guns 'N Roses' lawyers to prove.
So far, evidence points towards leniency, as far as the federal case goes. Especially important, according to Rubin, is the fact that the feds released Cogill on a signature bond, which means he didn't have to put up any money, but rather agreed to pay a $10,000 fine if he misses his preliminary hearing on September 17. If the feds were looking to prosecute Cogill to the maximum extent of the law, he said, Cogill's bail situation would have been more severe.
"In my opinion, and I'm assuming it's his first offense," says Rubin, "I wouldn't expect significant jail time, but I would expect a fine and some jail time. It's a felony, not a misdemeanor, and the federal courts have guidelines depending on how much profit was made, the seriousness of the crime and whether the person cooperated," adding, "He may end up getting probation; I would be shocked if he got anywhere near three years in prison."
Assuming the federal case goes as smoothly as Rubin expects, the next potential threat to Cogill comes in the form of a civil suit from Guns 'N Roses (right), with those potential $1.3 million or so in statutory damages. However, the band may not want to risk becoming the next Metallica.
"The band is in the position now where they can start a civil action, and they would be successful," says Rubin, "But how are their fans feeling about this? They'll have their own public relations issues as to whether they're going to start an action here."
The band will not benefit financially from the criminal suit, so if Axl and co. want compensation, it'll have to come from a civil suit -- regardless of any potential backlash. But Cogill, a 27-year-old Los Angeles web designer, most likely cannot pay the full extent of the damages. "What does this guy have in terms of assets?," he asked. "What can they collect?"
In his initial post with a link to the .zip file, which he took down after receiving a cease and desist letter, Cogill said that one reason he leaked the tracks was that Guns 'N Roses had apparently hoarded them for so long.
"I always said that the more that Axl and Geffen jerked around trying to figure out how to release this finally finished album that we've all been waiting over 13 years for," he wrote, "the greater the chances would be that it would slip out of a pressing plant or office somewhere and wind up in the hands of some asshole with a blog. So... Hey, I told you so."
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
fuck that madagas...people share hard to find demo material all the time....do they start busting everyone who may have some obscure ozzy demo or something? if there is no other way to get the material other than downloading (ie if its not ever released in a commercial format) then how can you encriminate someone for seeking it out?...say CD is released tomorrow with all different mixes....all of a sudden these leaks are no more than a novelty
but to some of the people that have all of the leaks already the cd is the novelty and everyone involved in the creation of the music doesn't get paid from those people for their work.
- Abbey_Road
- Rep: 16
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
Since the PM system isn't working, thanks Madagas and Bright Eyes for painting a clear picture on this. Karma for both of you.
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
i will say again gnr could turn this to their advantage. they are already getting more free press for a release if they act with it now and they can still come out looking like the good guys on this story. all they have to do is make a statment favoring leniency in the criminal case and simply mention that they do not intend to file a civil suit.
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
on HTGTH jarmo posted this
'As a result of illegally sharing tracks from the unreleased Guns N' Roses album 'Chinese Democracy', Dr Pepper is officially excluding blogger Kevin Cogil from our promotion that has promised to deliver every American a free can of soda if the album arrives any time in 2008. Like the rest of the world, Dr Pepper is anxiously awaiting new material from Axl, but a masterpiece like this should only be heard when fully complete, not as leaked, unfinished demos. It's like drinking Dr Pepper before all 23 flavors are added, it's just wrong. This decision means only three Americans will not receive a Dr Pepper - Kevin Cogil, Slash and Buckethead. Sorry, guys.'
- Jaxie Alt, director of marketing for Dr Pepper
i think this is some good marketing. funny too...
- AxlsMainMan
- Rep: 1
- Bright Eyes 2005
- Rep: 27
Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**
i will say again gnr could turn this to their advantage. they are already getting more free press for a release if they act with it now and they can still come out looking like the good guys on this story. all they have to do is make a statment favoring leniency in the criminal case and simply mention that they do not intend to file a civil suit.
Quite simply, that is exactly what will happen. GN'R will not pursue a civil suit.
