Feeds

Guns N' Roses blogger faces music prison

Feds, RIAA disagree on numbers

The essential guide to IT transformation

A Los Angeles man who pleaded guilty in December to illegally uploading nine Guns N’ Roses songs onto his music site could be thrown in the slammer for six months if federal prosecutors in the case get their way.

Kevin Cogill was arrested last summer after posting tracks on 18 June from GNR’s album Chinese Democracy to his Antiquiet website. He saw the copyright violation charge against him reduced from a felony to a misdemeanor after he admitted to streaming the pre-release tunes.

The album finally arrived (officially at least) in November 2008 following a 17-year gestation.

According to court filings, prosecutors want to see a six-month prison term imposed on the blogger.

"Making a pre-release work available to the worldwide public over the internet where it can be copied without limit is arguably one of the more insidious forms of copyright infringement," wrote prosecutor Craig Missakian.

"That is because once released it is virtually impossible to prevent unlimited dissemination of the work."

The sentence being pursued includes estimated damages based on the illegal goings-on of as many as 1,310 websites that dished out the tracks after Cogill had posted them on his site.

Meanwhile, there’s a significant disparity between the Recording Industry Ass. of America (RIAA) and the FBI on the calculated amount of sales lost as a result of Cogill’s copyright infringement.

The Feds claimed $731,622 based on a “reasonable estimate” in which the defendant was given the “benefit of the doubt” in its calculations that each infringement would have been worth 99 cents on Apple’s iTunes, according to court documents.

However, the RIAA claimed a $2.2m loss based on a “$6.39 legitimate wholesale value” for the nine songs being downloaded around 350,000 times.

"The defendant's conduct here was even more egregious and harmful than the typical music piracy case, since the music he unlawfully distributed had not yet been released to the public," wrote RIAA anti-piracy veep L Carlos Linares on 10 March.

"The unlawful distribution of pre-release sound recordings causes irreparable harm to a record label's marketing plan - typically developed with great care and at significant cost - by utterly eliminating the label's ability to control the public presentation of the artist's work," he opined.

The lobby group, which represents big players in the music biz, said it would accept $30,000 instead of the $2.2m claim if Cogill “was willing to participate in a public service announcement designed to educate the public that music piracy is illegal".

The blogger’s attorney, David Kaloyanides, told the court there was “no way to determine how many downloads were made" off the back of Cogill’s posting of the nine songs.

He will be sentenced on 4 May. Wired has more on the numbers game between the Feds and the RIAA here as well as copies of the various documents that have been filed in the Los Angeles court. ®

Gartner critical capabilities for enterprise endpoint backup

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
Netflix swallows yet another bitter pill, inks peering deal with TWC
Net neutrality crusader once again pays up for priority access
Judge nixes HP deal for director amnesty after $8.8bn Autonomy snafu
Lawyers will have to earn their keep the hard way, says court
Ex-IBM CEO John Akers dies at 79
An era disrupted by the advent of the PC
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.