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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."

39 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 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.

  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. 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 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.

    2. 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.
    3. 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.
  5. 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 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)
  6. 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
  7. 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.

  8. 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.
  9. 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.

  10. 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
  11. 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?

  12. 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.

  13. 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
  14. 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.

  15. 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.

  16. 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
  17. 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.

  18. 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
  19. 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.
  20. 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.

  21. 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.

  22. 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.