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James
 Rep: 664 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James wrote:
Neemo wrote:
Backslash wrote:
madagas wrote:

you're being a little naive there Backslash. The label owns that music too...

Not until it's on an album. 16

i'd have to disagree in this case because they paid $13 mill in advance for 1-3 albums from guns n roses...a partnership in which axl is the only remaining member

Another dog that wont hunt. Until its on a pressed album under the Uni label available for purchase, they do not own the rights to Axl's intellectual property. When Stephen King writes a book, do you think his publisher owns every word as its typed on his keyboard? Absolutely not.

Remember, none of this is finished. Like Bumblefoot likes to tell everyone, this stuff is "old". It wont make it on to the album(at least the exact versions we are listening to), so I'm failing to see where any copyrights are being infringed. No profit is being made by fans on these ancient tracks. The material isn't being passed off as the work of someone else.


Why aren't radio stations being sued? They have played these "old" songs, and with the simple use of advertisement, they are profiting from it. Why not sue youtube? Notice them ads on there? Thats a cash register going "cha-ching" while you listen to a demo. Why not have the FBI raid the offices of Myspace? They rake in tens of millions in ad revenue, and the leaks are plastered everywhere on the site.

There's not one fucking logical reason for them to go after this guy when actual corporations are making money off these tracks.

I know its "damage control" time in GNR forum land, but I aint buying this bullshit thats being sold. Not anymore. I'm not having my intelligence insulted anymore.

Grow some balls and release a record. Hard to fathom that Azoff hitched his caboose to this train.

-D-
 Rep: 231 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

-D- wrote:

I think u guys aren't understanding exactly what is going on. If this guy was an employee he should get sent to prison.

He isn't just some random fan that stumbled across a leak and put it up on the net. If he stole from the studio, he should get put in jail.

I've also never been a fan of someone tryin to be a celebrity on the net like MSL etc.

Bright Eyes 2005
 Rep: 27 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Folks, GN'R has no say in this!  This is a federal attorney, and the RIAA.  Again, GN'R have no say.  Put it this way, Axl can petition them to not file, and to release him, but it does not matter.  This is a legal issue, and the RIAA caught wind, informed the FBI, they investigated on orders from a federal prosecuting attorney, and then found he broke the law.  Plain and simple. 

THERE IS NO BASIS, OR COUNTERARGUMENT HERE--THIS IS FACT, AND HOW IT IS.  So, anyone blaming GN'R, or the band for this is flat out wrong, and that's the end of the story. 

Too bad for this guy, but that's the risk he knowingly took when he leaked the music.

James
 Rep: 664 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James wrote:

I hate to burst your bubble, but the owner of any copyrighted property must be consulted before any legal action is taken. This isn't a Devo record from the 80's being downloaded on Limewire. Its songs from an album thats never been released.

Hell, they're gonna have to show proof of copyright when they walk in the courtroom simply because its never been released.

Bright Eyes 2005
 Rep: 27 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James Lofton wrote:

I hate to burst your bubble, but the owner of any copyrighted property must be consulted before any legal action is taken. This isn't a Devo record from the 80's being downloaded on Limewire. Its songs from an album thats never been released.

Hell, they're gonna have to show proof of copyright when they walk in the courtroom simply because its never been released.

James--the music was stolen from the owner, Universal.  Skwerl would probably have been OK, if he would not have said that he got the stuff from his friend "who works at Universal" and that he "used to work at Universal in distribution".  Universal, at that point, had to act.  If all of their artists find out that "Distribution" is leaking the music they make contractually for Universal, then Universal is libel for breach of contract suits from here to eternity.  All the record labels, and the RIAA formed an agreement regarding copyright infringement many years ago, and the RIAA has a unit for this.  And yes, I am sure the prosecutor told Axl the laws this guy broke.  "Consult" in legal terms means "inform".  GN'R, has no say in "if", "how" or when anyone who breaks a law is prosecuted.

Update--just got off the phone with a copyright lawyer.  All of the above, and in my first post is 100% correct.  GnR has no say whatsoever in this--once it was deemed a law was broken, then there is nothing they can do.  They are "informed/consulted" about the investigation, and at that time told how the person will be prosecuted.  As idolator states--GNR can, if they decide they want to (They WILL NOT--Again, WILL NOT--what's GNR to do, sue Skwerl for his computer?), file Civil actions--which is totally seperate (a la O.J. Simpson, innocent in criminal court, guilty in Civil court--where he had pay personal damages to the Brown family).

http://idolator.com/400822/guns-n-roses … y-the-feds

Neemo
 Rep: 485 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Neemo wrote:

that says that the RIAA is the one filing the complaint not gnr or universal

so the label and or the band could conceivably drop the charges

Bright Eyes 2005
 Rep: 27 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Neemo, no, the RIAA filed the complaint, and the legal system gets to decide if the charges are dropped or not.  GNR and label have NO control over this.  Moreover, once he said "I worked at Universal distribution" it was all over for him.  It's like leaking the vipp data code to print money, and then saying on your blog "I used to work for the U.S. Mint department".  At that point, you just f***ked yourself.

At the end of the day, it does not matter, this is just more publicity for GNR. 

Also, please understand, I side with Skwerl on this, but it is important to keep things factual.  GNR fans pissed at the band over this are in la la land.  I mean, if Axl told the guy to leak the songs, that's understandable,  but he did not.

Neemo
 Rep: 485 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

Neemo wrote:

oh ok...sorry just seems weird that the ones who are the victims have no say over the guilty party

it also mentions Skwerl's contact at universal...i guess shes gonna be packing up her shit soon sad

James
 Rep: 664 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James wrote:

Might want to call that lawyer again. There is nothing in the public domain that proves a copyright on these particular songs, therefore no action can be taken by third parties without the consent of the owner of said copyright.

Lets not be delusional. While Axl may not have sued this guy personally, he most certainly gave it his seal of approval, unless he gave all copyrighted work to someone else, which we know didn't happen.

I'm not saying this dude is a saint. He obviously made a few mistakes along the way, but to insinuate that the GNR camp is as innocent as Mary Poppins is a giant leap I'm not willing to take.

Bright Eyes 2005
 Rep: 27 

Re: **Kevin Cogill Who Leaked 9 GnR Songs Arrested Today**

James Lofton wrote:

Might want to call that lawyer again. There is nothing in the public domain that proves a copyright on these particular songs, therefore no action can be taken by third parties without the consent of the owner of said copyright.

Lets not be delusional. While Axl may not have sued this guy personally, he most certainly gave it his seal of approval, unless he gave all copyrighted work to someone else, which we know didn't happen.

I'm not saying this dude is a saint. He obviously made a few mistakes along the way, but to insinuate that the GNR camp is as innocent as Mary Poppins is a giant leap I'm not willing to take.

I am not going to argue with you--these songs are jointly owned by Universal Music and GNR, there are all kinds of legal precedents and statutes which have determined this.  In fact, unreleased material, is a far more serious copyright offense.  The RIAA, caught wind of this, and under their agreement with the labels asked for the FBI to "scare the shit out of this guy, and see if he shakes".  Well, he then admitted he broke the law--one that hit the federal prosecutors desk, by law he has to prosecute.  It does not matter James, you don't want the guy who shot you to be prosecuted, but once it is deemed he shot you and by doing so broke a law, the prosecutor has to act.  Any blame directed towards the band regarding this is childish, and based off some insane feeling like they are somehow a part of the band or suffer from Freudian super-ego issues.  I feel for the guy, but think about it, why is anyone pissed at the band for this?  Makes no sense at all.

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