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Feds Demand Prison For Guns N' Roses Uploader

Defeat Globalism writes with this excerpt from Wired: "Federal prosecutors in Los Angeles are pursuing a 6-month prison term for a Los Angeles man who pleaded guilty in December to one misdemeanor count of uploading pre-release Guns N' Roses tracks, according to court documents. Kevin Cogill was arrested last summer at gunpoint and charged with uploading nine tracks of the Chinese Democracy album to his music site — antiquiet.com. The album, which cost millions and took 17 years to complete, was released November 23 and reached No. 3 in the charts. The sentence being sought — including the calculation of damages based on the illegal activity of as many as 1,310 websites that disseminated the music after Cogill released it — underscores how serious the government is about punishing those for uploading pre-release material."

81 of 590 comments (clear)

  1. He should go to prison, but not for... by tjstork · · Score: 5, Insightful

    Don't put him in prison for stealing the album. Shoot him for promoting it. 17 years and GNR gives us, what, a big pile of overrated crap.

    --
    This is my sig.
    1. Re:He should go to prison, but not for... by Anonymous Coward · · Score: 4, Insightful

      To be fair, he did disrespect a major record label. Isn't that a corporate offense that requires jail time?

    2. Re:He should go to prison, but not for... by AmigaHeretic · · Score: 5, Insightful

      You're so right. A kid uploads a CD and should go to prison, but on a daily basis around here the jails are so full they release criminals constantly. They have some sort of computer program that tries to determine the "least bad" crimes and criminals and let those ones out first.

      People here in our county know for most crimes they will "maybe" spend a single night in jail for anything other then murder before they are let go the next day.

      It's a joke around here when litterally there is no room for rapists, drunk drivers, and other 'violent' criminals in jail, but some one uploads some MP3s and OH MY GOD, get him.. Give me freakin' break.


      It's like they talked about on that movie, on COPS (tv show) they'll have 3 cops chasing a guy down the street and beat him to the ground because he just stole $85. But some corporate criminal that steals $85,000,000.00 and well they treat him with kid gloves.

      Some people need a reality check.

    3. Re:He should go to prison, but not for... by commodore64_love · · Score: 4, Insightful

      In other countries, "Disrespect for the president, legislature, or government" is grounds for jail time. In America it's "disrespect for a CEO, the board, or corporation" that leads to jail time.

      (shrug). If I was jailed for "stealing" works off the internet, then I'd figure I might as well go ahead & steal the real thing. Walmart here I come.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:He should go to prison, but not for... by Anonymous Coward · · Score: 5, Insightful

      It's like they talked about on that movie, on COPS (tv show) they'll have 3 cops chasing a guy down the street and beat him to the ground because he just stole $85. But some corporate criminal that steals $85,000,000.00 and well they treat him with kid gloves.

      Well, to be fair, that $85 won't get you much of a lawyer. But the $85 mil will get you a few good lawyers, and if you work it right, a congressman or two.

    5. Re:He should go to prison, but not for... by Kell+Bengal · · Score: 5, Insightful

      What I don't understand is why (FTFA) they arrested him with weapons drawn like he's a dangerous thug. What, might he at any moment whip out some freaky pirate-fu and delete them, their kittens and their backups using his bluetooth remote? And this in the same country where any suspected white-collar criminal will be escorted out of his plush penthouse office with a mere "Sir, please come with us."

      --
      Scientists point out problems, engineers fix them
      altslashdot.org: The future of slashdot.
    6. Re:He should go to prison, but not for... by MindlessAutomata · · Score: 2, Insightful

      "In other countries, "Disrespect for the president, legislature, or government" is grounds for jail time. In America it's "disrespect for a CEO, the board, or corporation" that leads to jail time."

      That's really silly and some of the complaints about capitalism here on Slashdot are really poor.

      First of all, you're completely equivocating on what is meant by "disrespect" here. "Disrespect" for the RIAA in this case is due to dogmatic adherence to an outdated view of property rights and even worse the idea that information can be copyrighted. And it wasn't for "stealing", it was for "providing." Well, it's true that the government only cares about the bigger fish in the sea here, but that's actually due to the nature of democracy, or our republic--the more "pull" or influence you have, the more you get shit done, and big businesses inherently get more influence.

      Don't take this as support for one-man-one-vote, though. Then politicians cater not to the so-called "elite", but the middle of the bell curve.

    7. Re:He should go to prison, but not for... by AmigaHeretic · · Score: 2, Funny

      I sure do. Back then, it was PERSONAL computing, not NETWORK computing.

      Yeah, it's nice having a "personal" computer still in this day an age. By that I mean, I can do stuff on my computer and not worry it's being sent all over the internet by Microsoft or some piece of spyware that keeps me internet connection light down by my Windows clock blinking constantly.

      On my Amiga I can still convert a CD to MP3s and upload them with little worry of anyboady cathing me( at least if I'm connected to my neighbors wireless!) Oops, probably a bad thread for this I might get arrested! Uh, just kidding, I don't even on a CD-ROM drive!

    8. Re:He should go to prison, but not for... by AmigaHeretic · · Score: 3, Interesting

      Watch COPS sometime. People get man handled & 'beat down' while they are following all the commands the police are giving.

      And don't get me wrong, I am not against "the police", I have a family and thank god for the Police men/women that brave the streets everyday..... but you have to admit when they pull up to someguy on the street and grab him and force against their cruiser before he says or does anything, well, lets just say it would be fun to see it just one time to one the corporate guys that 'actually' destroy hundreds of peoples lives.

    9. Re:He should go to prison, but not for... by Foobar+of+Borg · · Score: 5, Funny

      What I don't understand is why (FTFA) they arrested him with weapons drawn like he's a dangerous thug.

      The police were probably simply told that they were arresting a pirate. They thought he might whip out a cutlass or try to shoot them with a musket.

    10. Re:He should go to prison, but not for... by UncleTogie · · Score: 2, Informative

      Watch COPS sometime. People get man handled & 'beat down' while they are following all the commands the police are giving.

      I do, regularly.

      ...and I've yet to see the illegal beatdowns for compliant suspects. I've seen LOTS of people try to argue, pull their hands away, fight the cops, or run. As for unwarranted beatdown? Nothing yet, unless you can present an episode number that I missed.

      Don't get me wrong, crooked cops ARE out there; I've run into a few... But the cops *I* know are solid, want to help their community, and aren't in it for a power-trip. Y'know, the real cops.

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    11. Re:He should go to prison, but not for... by Foobar+of+Borg · · Score: 2, Insightful

      Well, it's true that the government only cares about the bigger fish in the sea here, but that's actually due to the nature of democracy, or our republic--the more "pull" or influence you have, the more you get shit done, and big businesses inherently get more influence.

      Businesses getting more influence is not democracy. That is a slide towards corporate government, commonly known as Fascism.

      Don't take this as support for one-man-one-vote, though. Then politicians cater not to the so-called "elite", but the middle of the bell curve.

      No, politicians do cater to the elite. The media is used to get those in the "middle of the bell curve" to vote for who the elite want. Why do you think Bush's popularity took so long to wane? All the information you needed to know how horrible his presidency was going to be was available before he even campaigned. Lots of people predicted that everything would get this bad under a Bush presidency. For fuck's sake, even the frigging Onion predicted this.

    12. Re:He should go to prison, but not for... by cromar · · Score: 2, Interesting

      The unfortunate reality, which unfortunately (I don't think) is limited to America, is that if you are in a position to commit white collar crime, you almost certainly have access to high-paid lawyers who can make a lot of trouble for all parties involved in your crime (from banks to the police to the court to associates to politicians). Find a way to fix that and you will have a solution to a problem millennia old!

    13. Re:He should go to prison, but not for... by sumdumass · · Score: 3, Informative

      The article is inflammatory BS. You don't go to prison for misdemeanors. You go to jail for misdemeanors. They are entirely different places and if you had been to either, you would know how different they are. The six months sentence hanging over his head will not be a prison sentence at all and that is half the maximum time which is also the minimum time anyone can face for a class A misdemeanor offense. (1 year for federal misdemeanors and mostly 6 months max for state misdemeanors)

      Now according to the original offense which wasn't a misdemeanor, it was a felony charge, he could have been facing 10 years in prison (not jail), because of the supposed retail value of the songs he distributed or caused to be distributed.

      The was actually a treated as a mass bootleg case and not a file sharing case because he supposedly "willfully infringed a copyright for purposes of commercial advantage or private financial gain." The problem he laid in front of them is that he admitted to doing it and helped identify where he got the files from. But this case isn't the ordinary "junior put the new album on the lime wire interweb".

      His lawyer has a different take on it which would follow the pre-sentencing guidelines that recommended 1 years probation. He makes some pretty good points in it and I think this will probably be closer to what happens.

      You have to understand that this case is a big political charade. Obama has brought in some RIAA lawyers to help run the hope and Change you can believe in but I don't think they are the problems here (could be but it's just me). It's more of a- they made a big issue out of his site being a commercial venture in order to force information out of him. They offered a reduced charge based his cooperation in telling them everything he knew to help the government in finding who originally released the songs. (according to his lawyers, it could have been the record industry itself or axel rose himself). He took the deal and now in order for there to be a "deterrent" the government has to appear like they are wanting the most they can get in order to have the deterrent factor be present. The judge will likely claim that his cooperation with investigators and mitigating factors like his actions to prevent down-loaders supersedes the Deterrent factor and sentencing guild lines and either negate any jail time with probation or list his jail time as the time he spent waiting bail after they raided him and credit him with time served. If he spent a week in jail, he would probably get 7 days- time served and 1 year probation or possibly 6 months suspended sentence on the completion of 1 years probation or something of the sort. But the point is to keep up appearances. The judge has quite a bit of leeway on this despite that class A misdemeanors have a minimum of 6 months.

  2. RIAA got its wish by nurb432 · · Score: 5, Insightful

    Now tax dollars will be used to keep them in business instead of producing decent products. Federal criminal agents will be involved in what is a civil court issue.

    Tho many will say 'good, jail him he's a bad person', few will understand what is really going on here.

    Freedom takes another hit.

    --
    ---- Booth was a patriot ----
    1. Re:RIAA got its wish by zappepcs · · Score: 5, Insightful

      Yeah, really bad. Tell me again: how many bankers, ex-presidents and the like have been arrested at gunpoint for fucking up the economy?

      Yes, none so far. Madoff is gone, and if Jon Stewart has any say more will follow him. There is a disproportionate use of the justice system in the USA. Upload some songs or smoke a little weed and you are a federal criminal. Steal millions or billions from the people's pocket and you simply made a mistake, one that deserves more money to help you out.

      Justice might be blind, but fairness doesn't seem to come with that particular malady.

    2. Re:RIAA got its wish by Darkness404 · · Score: 4, Insightful

      The sad part is, I honestly don't think GNR really cares that this guy uploaded their CD, but because they sold their souls to the RIAA, the RIAA can sue this person to pieces and GNR won't receive a penny of it.

      --
      Taxation is legalized theft, no more, no less.
  3. Re:fp by uxbn_kuribo · · Score: 5, Funny

    it only took two hundred years to go from "I regret that I have but one life to give for my country," to, "eat my asshole." :(

    --
    No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
  4. WARNING: If you upload Chinese Democracy by Anonymous Coward · · Score: 3, Funny

    You will get a taste of Chinese Democracy.

    And you will not be hungry for it an hour later.

  5. Gun Point? by areusche · · Score: 5, Insightful

    ARE YOU KIDDING ME?! This has got to be one of the most excessive police actions ever. Sending a man to jail for a non-violent offense. I hate this country's legal system.

    1. Re:Gun Point? by will_die · · Score: 2, Insightful

      If decide to create a petition I am sure you can get Martha Stewart and bernie madoff to sign.

    2. Re:Gun Point? by jshackney · · Score: 4, Insightful

      ARE YOU KIDDING ME?! This has got to be one of the most excessive police actions ever. Sending a man to jail for a non-violent offense. I hate this country's legal system.

      Going to jail for nonviolent crimes isn't new and it certainly isn't an exclusive feature of the U.S.'s judicial system. At least, he's not very likely to die during his time served. Y'all might want to send him some soap-on-a-rope though.

    3. Re:Gun Point? by commodore64_love · · Score: 3, Insightful

      >>>This has got to be one of the most excessive police actions ever. Sending a man to jail for a non-violent offense.

      We've been doing that for a long time. Like imprisoning those who steal someone's property. We also jail people for tax fraud, or investment fraud (like that Madoff guy). So yes jailing people for non-violent offenses is acceptable.

      Now that we got that out of the way, the question is: did this person commit a crime? IMHO he did. He did the equivalent of taking somebody's work without payment. If you disagree, consider this: You spend a year of your life developing a program, with plans to sell it for income, but instead I simply TAKE the program off bittorrent. I have stolen your labor without just compensation.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Gun Point? by Darkness404 · · Score: 4, Interesting

      Yah, and we all know how great debtors prison worked out. Honestly, for all non-violent offenses there should be no jail time whatsoever. It seems like we are using jail time as more or less a "time out" rather then to keep all the violent criminals off the street (the reason jails should be used), and theres a reason why our prisons are overcrowded, we seem to send people to prison for trivial offenses (like this one), or for offenses that are totally nonviolent in nature (tax evasion, etc).

      Our country really needs to take a look at the purpose of government before we do anything else. We are becoming closer and closer to a dictatorship, we already have (basically) a one-party system (for all intents and purposes, democrats and republicans are the same party), government-censored media, in some cases government controlled media, our constitution is becoming nothing more then an illusion, the bill of rights seem to be disappearing faster then ever, and our government is pursuing part-ownership in several businesses (the media calls it a bailout).

      --
      Taxation is legalized theft, no more, no less.
    5. Re:Gun Point? by Darkness404 · · Score: 2, Insightful

      So yes jailing people for non-violent offenses is acceptable.

      No, no, no, just because our country seems to think that all bad people should go to jail, doesn't mean that its right. Tell me, what is the purpose of jail? It is not a "time out" like our country seems to think it is, it is where you should put violent criminals so they no longer terrorize the street until they are reformed. Yes, as in, full civil rights, etc when they get out. We wonder why we have overcrowded prisons, well this is why.

      Is what they are doing good? No. But put them on house arrest, forbid them for taking public money, make them pay reparations to those they have defrauded. Madoff is a bad person, I'm sure we can all agree on that, but is he a danger if he lives next door? Is your life or property in danger if he comes to your house? No. Therefore, he should not be sent to jail. Similarly tax fraud should be the same way, if they aren't a danger to the passerby then they should not be jailed, plain and simple.

      he did the equivalent of taking somebody's work without payment

      Sure, but if your boss doesn't pay you, does that make him a violent criminal? No. He should have to pay you for your work, but should he have to go to jail at taxpayer expense. Heck no.

      --
      Taxation is legalized theft, no more, no less.
    6. Re:Gun Point? by BlueStrat · · Score: 2, Insightful

      Now that we got that out of the way, the question is: did this person commit a crime? IMHO he did. He did the equivalent of taking somebody's work without payment. If you disagree, consider this: You spend a year of your life developing a program, with plans to sell it for income, but instead I simply TAKE the program off bittorrent. I have stolen your labor without just compensation.

      What if the world has changed in such a way that intending to "sell" some easily-copied series of ones and zeros is no longer a viable business plan? Should medieval scribes have convinced the King to have Gutenberg burned at the stake or have him thrown him in a dungeon and his invention destroyed? Should the horse-carriage and buggy-whip makers have had Henry Ford imprisoned?

      Selling something is business. Business is risk. The world changes, peoples' tastes change. There are no guarantees of continuing profit. Should the Lawrence Welk estate have had Elvis Presley and Chuck Berry imprisoned because their "rock n' roll" destroyed the incomes of thousands that profited from "Big Band", jazz, and other musical styles?

      The ability to make a profit from a particular business model is an opportunity, not a right. The only way to guarantee future profitability of current business models is to halt all scientific, technological, and cultural/societal change or progress.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    7. Re:Gun Point? by Hugonz · · Score: 2, Informative

      This post is so misleading and so wrong... you managed to put together all the fallacies there are about intellectual property.

      Please take a look at this, and start forgetting about the labor theory of value (or property)

      http://tinyurl.com/5c4289

    8. Re:Gun Point? by Darkness404 · · Score: 5, Informative

      Make them pay the $50 billion out to those investors he stole from. Sell all of his assets, use that to pay for some of it, if he didn't pay his taxes let the government take that out of there. If there is not $50 billion when everything is liquefied, garnish his wages for the rest of his life until he pays all $50 billion. Sure, even if he lives to be 1000 he might not be able to pay all of it, but its better that he has to work towards it being payed off then just being in jail and those who he scammed get little to nothing.

      --
      Taxation is legalized theft, no more, no less.
  6. Shouldn't this be a Civil matter? by Anonymous Coward · · Score: 5, Interesting

    I'm confused: all the merits of the case are civil in nature. How in hell do they justify prosecuting this man in criminal court? I don't understand: can someone please explain (and prove I'm just dumb)?

    (My logic is that he made no money off his actions, and they were of absolutly no benefit to him.)

    1. Re:Shouldn't this be a Civil matter? by davidbrucehughes · · Score: 5, Interesting

      Exactly. And that is why we have moved out of the US to a more civilized country. We release all of our material--audio, video and written--under a Creative Commons license, and urge both artists and consumers to boycott the mainstream content providers. They are simply trying to maintain a business model that has been obsolete since Napster. Just let them die.

      --
      om namo bhagavate vasudevaya
    2. Re:Shouldn't this be a Civil matter? by commodore64_love · · Score: 2, Insightful

      >>>We release all of our material--audio, video and written--under a Creative Commons license

      How much money do you make doing that? Enough to support yourself without resorting to a second job? And how do you deal with those who taken your creations without compensating you for your labor?

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Shouldn't this be a Civil matter? by Firehed · · Score: 3, Interesting

      What do you mean by "deal with those who have taken your creations without compensating you for your labor"? That's the whole point of releasing under a CC license - if people choose to compensate you, great; if not, they wouldn't have bought your material anyways so suck it up.

      The record industry is just a promotional vehicle anyways - you only make money on concerts after getting famous. Even bigger artists are usually lucky to break even on CD sales. Releasing under CC removes that overhead, though obviously at the expense of losing the industry's promotion skills. Word of mouth is still king.

      --
      How are sites slashdotted when nobody reads TFAs?
    4. Re:Shouldn't this be a Civil matter? by Repossessed · · Score: 4, Interesting

      Pre release of copyrighted works, or release of limited distribution works (like a movie still only in theaters), has always been considered criminal, both in case law and the law as written. The logic is that in these cases the amount of damage is substantially more than more mundane piracy, since it creates a single point of release (he is responsible not just for the people he distributed it to, but every single person who downloads it prior to release).

      --
      Liberte, Egalite, Fraternite (TM)
  7. Re:fp by Kokuyo · · Score: 3, Informative

    And you think the first is, or ever has been, a healthy kind of relationship between a citizen and their country?

  8. ANY album by p51d007 · · Score: 2, Insightful

    That took 17 years to release, millions to produce, especially something that a nut case like Axel Rose, can't be worth a plug nickel.

  9. years by bigdavex · · Score: 5, Funny


    The album, which cost millions and took 17 years to complete, . . .

    That 17 years can be broken down as follows for Axl:

    16 years, 10 months: lying around drugged out of his mind
    2 months: working on music

    --
    -Dave
  10. If you don't like it by Anonymous Coward · · Score: 2, Insightful

    then organize a nation-wide boycott of music sales.

    Whiners.

    Mind you, I think the police are becoming an occupying force in this country, an arm of the Dept. of Commerce. But Slashdot makes nothing happen, so log the hell out and go organize.

    1. Re:If you don't like it by uxbn_kuribo · · Score: 2, Insightful

      You can't boycott music sales. If you do, and the entire industry takes a financial hit, then they'll just claim piracy is on the upswing and causing them to take a financial hit. Kinda like how piracy is totally to blame for the entertainment industry's problems now, and not the fact that it keeps cranking out the same tired crap, or the fact that the economy is tanking and taking peoples' entertainment budget into the toilet with it.

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
  11. I't just like that Babylon 5 guy said by commodore64_love · · Score: 3, Interesting

    Like J.Michael Straczynski said:

    First, having talked to distributors, I can tell you straight up that
    if a show [or music album] has had too much online exposure and too many downloads, if it's too much out there, they won't distribute it because the market that would want to see it already has. Second, when you download a show, it's not just that you're denying the producers/distributors of that movie or TV show the "price" of the DVD... you're also having a direct impact on the creative people who made that show, and taking from them as well. Actors, writers and directors get paid a fee to make a project, and then they get residuals, which are not a bonus, they are deferred compensation.

    Free downloading ultimately destroys the financial structure for artists of all kinds, and will, if left unchecked, eventually make it impossible for any artist to make a living doing what they do. Downloaders think there's no difference between data and entertainment, that everything should be free. Great, it's free to YOU. Now, how do you propose paying the people who need to put food on the plate when they are getting nothing in return?

    jms [/quote] From: "jmsatb5@aol.com"
    Newsgroup: rec.arts.sf.tv.babylon5.moderated
    Date: Tue, 10 Mar 2009 14:36:27 -0700 (PDT)

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:I't just like that Babylon 5 guy said by Anonymous Coward · · Score: 5, Insightful

      Or there's this quote:

      "The DVDs grossed roughly half a BILLION
      dollars (and that was just after they put out S5, without all of the S5
      sales in).

      So what does my last profit statement say? We're $80 million in the
      red.

      Basically, by the terms of my contract, if a set on a WB movie burns
      down in Botswana, they can charge it against B5's profits."

      Is it really pirates who are harming actors, writers and directors, or is it the studios?

    2. Re:I't just like that Babylon 5 guy said by Anonymous Coward · · Score: 2, Interesting

      Pot kettle black.

      One entity of leeches is video pirates. They have no lawyers, and can't hire JMS, and have a short memory.

      2nd entity of leeches is the MPAA members. They have lawyers, might hire JMS in the future, and have long memories.

      JMS has commented on the games Hollywood plays with DVD sales--how they avoid turning a profit--to avoid paying creative royalties.

      One of the two entities mentioned has little power, so he blasts them.

      Some future model of low-cost video downloads might eliminate the MPAA middlemen and cut way down on piracy. When that happens the creative types stand to earn far more than they do today.

      It seems to be happening (albeit slowly) with music.

    3. Re:I't just like that Babylon 5 guy said by TheRaven64 · · Score: 5, Interesting

      I lost some respect for JMS when he wrote that. The thread was in connection with some scripts that he had written for Crusade episodes, which had not been produced. He was complaining about people distributing them online, even though the only studio that had the rights to produce them, wouldn't. His email basically said to me 'I have no more creative output to contribute. Don't advertise my talents as a writer and demand more shows written by me, because I can't create anything new anymore.'

      Babylon 5 was created by someone with a story to tell, who was willing to work hard and struggle to tell that story. Crusade was created by someone who wanted to make money from a franchise. That the two were the same person is a tragedy.

      --
      I am TheRaven on Soylent News
    4. Re:I't just like that Babylon 5 guy said by meist3r · · Score: 2, Insightful

      Apparently this guy doesn't get what the problem is. Much of the illegal downloading be it music or TV shows occurrs because there are too many hurdles for consumers to jump in order to legally purchase the content. I'm from Europe, I have NOT ONE valid method of buying episode based TV subscriptions (iTunes is out of the question on Linux systems, even if it ran I would refuse to use it). There is no way for me to get movies in their original language or music to the date it is released or in fromats that are useful to me.

      I will have to keep contributing to that problem if the people that want my money to put food on their tables don't start working out ways to give me a chance to pay them. Simple enough I'm not buying a DVD box for most shows since I watch the episodes once. Then what? I have useless discs sitting around that I wasted money on. No thank you. There are little to no English cinemas where I live and I won't wait to see movies until they release DVDs (the basic purpose of movie going nowadays is to talk about it to people that have also just seen them, a 6+ delay is not very helpful).

      When it comes to profit the makers, producers and rights holders seem to fully understand how to exploit outsourced production, cheap prop making and other effects of globalization. But then, when it comes to treat the market as it is, an interconnected global real-time market ... they chose to segment the market into individual regional chunks that they can exploit more thoroughly. Either global OR local ... cherry picking from both will lead to people like me. I buy tons of stuff, just not from those assholes that don't take my market segment seriously.

  12. Poetic justice by Underholdning · · Score: 4, Insightful

    The title of the album says it all. Only - I always thought they were criticizing the Chinese Democracy.

  13. Re:Has beens by aurispector · · Score: 4, Funny

    That's exactly why he's being prosecuted. The corporation's constitutional right to sell expensive crap is being trampled!

    --
    I have mod points. The reign of terror begins now.
  14. Re:Skewed Priorities by Gordonjcp · · Score: 5, Insightful

    an administration that is walking us down the path of socialism

    No, you have an administration that is walking you down the path of corporatism. The difference is that in socialism, the government takes your tax money and spends it on things that everyone needs, like schools, medical facilities and infrastructure, but in corporatism, the government takes your tax money and gives it to people who already have more money than you can possibly imagine.

    The clever bit comes when they tell you that giving money to *everyone* is communism and is bad, but giving money only to people who are already rich is good. That way they can train you to bark like a good little Pavlovian doggie at the eeevil socialists that try to steal money from your corporate masters. Work hard and bark, little doggie, and maybe they'll let you have some scraps.

  15. Re:fp by commodore64_love · · Score: 4, Insightful

    It's worth giving your life for a worthy cause, like protecting you & your neighbors' freedoms from a tyrannical non-representative British government, as the man who uttered that quote was doing.

    Otherwise, no.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  16. I really don't care what you call it by nurb432 · · Score: 2, Insightful

    Changing laws to convert a civil corporate issue into a criminal issue also fall within my statement.

    Its still industries buying laws. Its still misuse of public funds/resources.

    And i don't care what the purchased laws say, its still not a 'crime against society'.

    --
    ---- Booth was a patriot ----
    1. Re:I really don't care what you call it by squidfood · · Score: 4, Interesting

      Its still industries buying laws. Its still misuse of public funds/resources.

      You know, I'm pretty strong anti-current copyright, I think the copyright lengths are way out of whack; DRM circumvention laws are wrong; fair use should allow more sharing than the industry wants, etc.

      But I also think that (were everything to reach a reasonable compromise one day) that uploading an unreleased album to wide availability (where even its sale hasn't yet been permitted by the rightsholder) could reasonably be called a misdemeanor theft on the level of shoplifting, and that (minor, short-term) incarceration rates could be reasonable as a maximum penalty. Whether or not a judge should grant the maximum sentence on first offense is another matter.

    2. Re:I really don't care what you call it by conureman · · Score: 2, Informative

      Currently, the Federal Government hasn't taken jurisdiction on shoplifting enforcement.

      --
      The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  17. Re:fp by Niris · · Score: 4, Funny

    To paraphrase: No one ever won a war by dying for his country. They won the war by making the other poor sap die for his.

  18. Re:Skewed Priorities by commodore64_love · · Score: 4, Insightful

    Question: If the plan to bailout/assist people with upside-down mortgages goes through, it will cost about $1000 per taxpaying home. Why should I spend $1000 to pay somebody else's mortgage? And would this be considered corporatism, socialism, or communism?

    IMHO whatever it's called, it's a human rights violation.

    Taking my money to pay somebody else's housing bill is theft of labor. It's no different than if my neighbor bought a Lexus, and then demanded everyone in the area throw-in money to pay the bill. Nobody has a right to demand I help buy them a car. Or pay their mortgage.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  19. Time Served by xyno512 · · Score: 2, Funny

    But the album sucks. The fact that he actually had the the tracks and listened to them should be punishment enough.

  20. This is utterly disgusting. It makes me sick. by Rod+Beauvex · · Score: 2, Insightful

    If they even put a quater as much effort into fixing the economy and punishing the people who caused this fuck up, we'd be a super power in a week, and the prisons would be bursting at the seams.

  21. Re:Skewed Priorities by Anonymous Coward · · Score: 4, Insightful

    Your not paying $1000 for someone else's mortgage. You're paying $1000 so the criminals who put people up to their eyeballs in debt so they could enrich themselves won't have to five up their bonuses and Manhattan penthouses. They could care less about peoples mortgages as they have amply demonstrated these past few years.

    The problem is finding a way to rescue the working class without putting money in the pockets of the parasites.

  22. Brilliant by HangingChad · · Score: 5, Insightful

    Because it's not like we have enough people in prison now.

    Our corporate run detention facilities will start losing money is we don't find new reasons to fill them up with relatively minor offenses.

    Half of people in prison are there for violent offenses. That half stays. The other half we need to take a good hard look at just why we're so gung ho remove people from their ability to make a living and pay to warehouse them.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Brilliant by Anonymous Coward · · Score: 3, Informative

      http://blogs.wsj.com/law/2009/02/13/pennsylvania-judges-plead-guilty-in-juvenile-center-kickback-scheme/

      "Once in a while, a story comes along that defies intellectual discussion or debate and just sort of slugs you right in the solar-plexus.

      Such is the case with this story that broke yesterday out in Scranton, Pa., where two judges pleaded guilty to operating a kickback scheme involving juvenile offenders. The allegations: the judges, Mark Ciavarella Jr. and Michael Conahan, took more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers. "

  23. Re:Skewed Priorities by Ironchew · · Score: 3, Insightful

    Taking my money to pay somebody else's housing bill is theft of labor.

    I think a financial sector that systematically deregulated any oversight and pisses away over one third of our GDP on derivatives, where nobody knows who owes what to who, is theft of labor. Up another notch if they keep on demanding their executive bonus money from taxpayers, "or else the economy will collapse".

  24. Re:Skewed Priorities by dforreal · · Score: 5, Insightful

    and I fully expect to be modded down for this reply... The Obama administration is HARDLY pursuing a socialist agenda. Political Science 101 would teach you that this is not socialism in any way shape or form... Even if it was, whats the big deal? Social Democratic programs can be implemented in ways that create jobs and reduce the cost of doing business. For example; a universal, single-payer health *insurance* system would reduce redundancy, increase the number of potential patients that doctors could see, improve productivity by reducing lost labor hours due to treatable illnesses and eliminate one of the single largest expenses per-employee that businesses currently have. Despite what the generally libertarian-leaning Slashdot crowd thinks, I would prefer a government funded not-for-profit model over the current for-profit system which costs us all more in the end.

  25. Re:fp by Anonymous Coward · · Score: 2, Informative

    No, Patton.

  26. At that price... by Anonymous Coward · · Score: 2, Funny

    The album, which cost millions

    No wonder people pirate music. I'd pay 20 bucks tops.

  27. You should by Weaselmancer · · Score: 5, Insightful

    Less risk. Is WalMart going to claim each track on that CD you stole is worth $750?

    Steal a CD, you're guilty of a $20 crime. But if you do it with a computer somehow you're liable for (14*$750=$10,500) dollars worth of damage.

    Or in this poor sap's case, 6 months in a federal lockup for daring to offend his corporate masters.

    Amazing, isn't it? That the feds and corporate America are actually making the case that it's better to physically rob a store rather than simply downloading an mp3? It's unreal.

    --
    Weaselmancer
    rediculous.
    1. Re:You should by Anonymous Coward · · Score: 5, Funny

      I dunno, I thought the ironic part was that this is the punishment for pirating an album entitled 'Chinese Democracy'... Doesn't this sound kind of like how the chinese handle democracy? :D

    2. Re:You should by stuntpope · · Score: 4, Insightful

      He isn't being punished for stealing music, he's being punished for distributing it without authorization.

      Go ahead and steal a CD from Walmart - but then also advertise that you'll give a copy to anyone who asks, and give a copy to thousands. That's an apples to apples comparison.

    3. Re:You should by Wrath0fb0b · · Score: 4, Insightful

      At least the laws about copyright infringement here were passed by a popularly elected, semi-almost-functioning legislature. We should be blaming ourselves for electing politicians that pass laws mandating criminal penalties inthis instant.

    4. Re:You should by Dutch+Gun · · Score: 4, Insightful

      Slight difference: He uploaded the songs to his website. That's not something you can do accidentally. He knew exactly what the hell he was doing. These were also pre-release tracks, which makes it harder to argue it won't have an impact on sales.

      Finally, his "too cool for school" pose in front of the courtroom isn't doing much to generate sympathy from me. Excessive punishment? Yeah, it is. But I still don't feel sorry for him.

      I think I'll save my concern for some housewife, grandmother, or student who gets financially ruined by the RIAA just for downloading a few songs.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    5. Re:You should by Paracelcus · · Score: 3, Insightful

      When is the "Average Joe" American going to get it through their thick skulls that they don't live in a "Free" country, the US gummermint just has a different way of distributing oppression that other authoritarian regimes do!

      Due Process? we don't need no stinking due process!

      --
      I killed da wabbit -Elmer Fudd
    6. Re:You should by PopeRatzo · · Score: 3, Insightful

      the laws about copyright infringement here were passed by a popularly elected, semi-almost-functioning legislature.

      ..who were receiving millions in campaign donations from the "music" industry.

      --
      You are welcome on my lawn.
    7. Re:You should by Znork · · Score: 2, Interesting

      That's a matter of debate; power in the US congress tends to get wielded by people supported by less than 20% of eligible voters. That's on par with what former one party system rulers tend to get when countries move to democracy.

      We should be blaming ourselves for electing politicians

      With first past post systems there isn't enough choice to put much blame on the voters. With only two or three realistic choices any candidates with a chance can easily be bought, and any unbuyable candidate smeared enough to not make it.

      Perhaps the blame should be for not applying enough tar and feathers to get the system fundamentally changed...

    8. Re:You should by PopeRatzo · · Score: 2, Insightful

      Uploading a pre-release is not piracy/infringement; it is actual theft.

      It is a political act first and foremost. The person who uploaded the tracks almost certainly did not profit from it, unlike the record company and the RIAA. Of the three, I'd say that only one party cares a bit for music.

      I will only buy music directly from the artist. I don't want one penny of my money going to support the RIAA or the people who support them. I never, ever go to any concerts organized by Live Nation or any other conglomerate for the same reason. Although I'm not a fan of U2, I have always enjoyed the production work of Brian Eno. Still, I won't spend a nickel on any of their products or concerts because of their relationship to Live Nation.

      Finally,that this band spent "millions" making an album constitutes a hostile act toward their fans and the very art of music. Seventeen years and millions of dollars to put out a record of three-chord, blues-based rock and roll? They have lost their fucking minds.

      --
      You are welcome on my lawn.
    9. Re:You should by Wrath0fb0b · · Score: 2, Insightful

      ..who were receiving millions in campaign donations from the "music" industry.

      Funds they use to buy advertising that has a huge effect on undecided voters. If we stopped voting for the guy with the convincing advertisement, there would be no need use for any of that money.

      Politicians get money because voters chose to be influenced by the things money buys. Fancy consultants, advertising gurus, branding specialists -- they pay big bucks for these things because they work, which is no one's fault but our own.

      A democracy is defined by giving the populace the government that it richly deserves (credit to Mencken, I think).

    10. Re:You should by erroneus · · Score: 2, Interesting

      You are correct in just about every way but you do not state the problem strongly enough. In almost every state and district, the laws related to how people get on the official ballots are heavily slanted to favor the two big parties and work very hard to prevent third parties from appearing at all. Typically, the highly twisted laws are used to aggressively prevent or to remove candidates of third parties and independents from ballots. In the last election cycle, however, we saw attempts at turn-about where third parties attempted to remove either or both of the two big parties from ballots and in EVERY case, those attempts failed. In Texas, especially, the violation of the rules were clear and obvious -- the two big party presidential candidates failed to meet their filing deadlines and the Texas state government simply decided to ignore the law and literally gave no explanation for it at all.

      This is not a failure of the voters. This is a failure of the system at large and I find it is quite typical. The law only applies when those in charge feel it applies and does not when it is not convenient.

  28. Re:fp by jdbausch · · Score: 3, Informative

    exact quote: "No bastard ever won a war by dying for his country. He won it by making the other poor dumb bastard die for his country."

  29. Re:Skewed Priorities by xero314 · · Score: 5, Insightful

    Obviously you know nothing at all about the mortgage assistance programs that are being approved. I can't say I whole heartedly agree with them, as I am getting screwed on both ends, but they are not hand outs to "pay somebody else's mortgages." What they are is financial payouts to corporations in exchange for those corporations to offer lower interest loans to people severely hurt by an unregulated financial industry. Not a single person is getting out of paying for their homes, and keeping them that is, it's only changing loan conditions.

    No one is demanding anything more than has been demanded for the life of this country, as well as others, and that is that the people pay for the benefits of the government. In this case we also pay for the faults of that government, one which we chose I might add. This is the government of the US paying for it's past mistakes of unregulated distribution of resources, thank you Reagan and Greenspan (who at least admitted his mistake and apologized, unlike the rest of the free market economists of the world).

    Oh and since you consider debt relief to be a human rights violation I can't wait to hear what you call forced homelessness and starvation.

  30. Performing Music by hackus · · Score: 2, Insightful

    ... is work. You get paid for working. Historically for hundreds of years, people paid to see performing arts. Now, we have a problem.

    Then, we had radio and advertisers who played the performances in public, for everyone to watch.

    Now, it would seem, unless your shafted by paying for a piece of plastic, your a criminal because you did not buy the plastic the performance is on.

    My problem is that it would seem greed has continued to encroach upon our rights because the middle man people here refuse to acknowledge how they have turned business models that made millions for them and they refuse to use anymore because they do not want a limit to how much money they can make.

    So they came up with download a single for $4 dollars and then complain when people will not download it and pay for it, calling them criminals.

    In fact, this corporatism that is dictating business models to its citizens, even when they do not work, then turn consumers into criminals when they feel the old models of advertising and performances is how people get paid for music, I think THEY are the criminals.

    People with music talent should perform and hit the stage to get paid.

    Same thing with people who write books, and print media. You get paid, and you put it on the web. People who download it pay through advertising.

    It works.

    As far as I am concerned people are going to jail because we are being ORDERED TO CONSUME by corporations and the penalty for not consuming is prison.

    -Hack

    --
    Got Geometrodynamics? Awe, too hard to figure out? Too bad.
  31. Who's really to blame? by fishizzle · · Score: 4, Insightful

    The album, which cost millions and took 17 years to complete, was released November 23 and reached No. 3 in the charts. The sentence being sought -- including the calculation of damages based on the illegal activity of as many as 1,310 websites that disseminated the music after Cogill released it -- underscores how serious the government is about punishing those for uploading pre-release material.

    Are they trying to insinuate that because this album cost millions of dollars more to develop than most albums should, that pirating it is in some way worse because it will take even longer for them to recuperate such losses?

    News flash big business: if you spend 10x as long, and 10x as much money as anyone else in that industry would on creating a product, it is not society's responsibility to compensate you. You deserve to lose money, and probably deserve to go out of business over the project.

    Besides the ridiculous cost and timeline for developing the album, it seems the primary stakeholders were determined to tank this project regardless (see: http://www.thaindian.com/newsportal/india-news/axl-rose-blamed-for-band-missing-no-1-album_100126311.html/). Blaming piracy for any financial difficulties this album has suffered is more ridiculous than usual.

  32. Pirates and Bankers by willow · · Score: 2, Funny

    Good news. He can rot in jail along with all the bankers the feds arrested for stealing hundreds of billions via fraud. Oh wait...

    --
    Moderation in everything, including moderation.
  33. Restitution + public service announcement by NewYorkCountryLawyer · · Score: 2, Funny

    In addition to asking for Mr. Kogill's imprisonment, the RIAA is asking the Judge to order Mr. Kogill to pay them $30,000 "restitution" and make a "public service announcement". I think directing Mr. Kogill to do a "public service announcement" for the RIAA would be "cruel and unusual punishment".

    --
    Ray Beckerman +5 Insightful
  34. Wow by cronco · · Score: 2, Funny

    I guess Axl wasn't kidding with the lyrics to the track IRS off the record:

    Gonna call the President
    Gonna call a Private Eye
    Gonna get the IRS
    Gonna need the FBI

  35. For those who don't know Italian, by Anonymous Coward · · Score: 4, Funny

    If YANAF, you might not understand the Italian fashion term prima fascia, which means "the belt is the best," a motto used by designers who favor sashes, cummerbunds, and other such accessories.

    However, such obscure phrases are subject to much misunderstanding and misuse, which constitute prima facie ("on its face") evidence that such linguistic frippery is better left unused when possible.

  36. Re:Skewed Priorities by Omestes · · Score: 2, Interesting

    Democrat Party

    Its called the DEMOCRATIC party. I don't know where this "democrat" party meme came from, but I'm sick of it. All it does is make the speaker sound uninformed and ignorant of the thing they rail against so jingoistically.

    Perhaps I should start calling the republican party "wepubwican party", that would make me sound mature, and make all the attached arguments so much more worthy of attention.

    As to the meat of your statement, I half agree, people should be held responsible for their loans, they signed the paper work, therefore they agreed to the consiquences. I can see some issue though, were individual problems quickly balloon and become a serious problem to the rest of us, though. I'm rather tossed on the issue.

    No, the Democrats of the Democratic party are not wholly to blame, though they must accept some share of it. Republicans deserve a decent share too for deregulation. The whole corporate ethos deserves even more blaim, since they decided that untenable short-term greed was more important than the long term health of their own companies (much less the economy as a whole). More so the very idea that our whole economy can be based on debt and not real funds.

    Blaming on party is rather idiotic. Yes, being partisan is easy, and doesn't require much thought, but it also leads to making silly statements. I personally have a grudge against anyone who sits around regurgitating sound bites emanating from any side of our political system.

    The only rational people are independents and moderates. The second you buy a whole proper-noun ideology, you probably divorced yourself from reality.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey