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July 16, 2009 3:59 PM PDT

Guns N' Roses song leaker sentenced, probe continues

by Greg Sandoval
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Kevin Cogill, the man who pleaded guilty to leaking nine tracks from the then unreleased Guns N' Roses album "Chine se Democracy," was sentenced on Tuesday in Los Angeles to a year's probation and two months of home confinement.

Cogill is lucky not to be headed to jail. Assistant U.S. Attorney Craig Missakian recommended to the judge that Cogill spend some time behind bars, but the judge ignored it. "I wanted to send a strong message to people who might consider committing these kinds of crimes in the future," Missakian said.

Last August, Cogill became the first Californian charged under a 3-year-old federal antipiracy law that makes it a felony to distribute unreleased copyright works online. Cogill pleaded guilty to uploading the songs to his personal Web site last August before they went on sale. As part of Cogill's sentence he must make a public service message for the Recording Industry Association of America. A spokesman for the RIAA declined to comment.

The case may not be over. What likely contributed to Cogill's light sentence is that he has told authorities how he came into possession of the songs. Could other arrests be made?

"I can't comment on an ongoing investigation," Missakian said.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (16 Comments)
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by twburger July 16, 2009 4:56 PM PDT
The irony is that Kevin Cogill is probably the most successful promoter of the 'Chinese Democracy' album and the RIAA its greatest hindrance - I'm not buying (or downloading) the 'CD' CD. Welcome to the jungle.
Reply to this comment
by lkrupp July 16, 2009 5:48 PM PDT
twburger posted: "The irony is that Kevin Cogill is probably the most successful promoter of the 'Chinese Democracy' album and the RIAA its greatest hindrance - I'm not buying (or downloading) the 'CD' CD. Welcome to the jungle."

Another thief slithers out of its hole to hiss at the RIAA, then crawls back in.
Reply to this comment
by d4nowar July 16, 2009 6:21 PM PDT
Ignoring his main point - classy.

The album got wayy more publicity from being leaked, just like every other album that was and will be leaked. The only problem is that the album is no good, so no one bought it. The RIAA only got angry because their false publicity for it was revealed with the leak. OOPS.
by Sausagebiscuit July 17, 2009 5:17 AM PDT
Another troll crawls out from his cave to call someone a thief without proof, and then crawls back in.

Hint: Copyright Infringement != Theft.
by rmullen0 July 16, 2009 6:48 PM PDT
The RIAA should be thrown in jail for publishing music as horrible as Guns N' Roses.
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by July 16, 2009 7:54 PM PDT
They should have sent is @ss to prison for being a snitch. I mean, what is this **** with pushing the heat on someone else after you get caught up for being a dumb@ass? Puss! I hope his computer overheats burning him and his house down!
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by rocknroller2003 July 16, 2009 9:45 PM PDT
The funny thing is the Leaked Tracks sounded better than the Album. AXL just kept playing with them till there was hardly anything to salvage. F the RIAA. Not because they are against downloading - but because of their gestapo/ police state / running man tactics. I do believe Daemon Killian is the new CEO for them.
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by Neely2005 July 17, 2009 5:11 AM PDT
First off was it really so hard to post a picture of the Actual Album Cover instead of some obscure Tour Poster from before the album was even released?

Also to all those who say Chinese Democracy hasn't sold - It was Certified Platinum within a couple months of being released. In todays music stealing society that's pretty impressive. Especially considering that the album was Only available at Best Buy and the band did no promotion whatsoever for the album.
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by Sausagebiscuit July 17, 2009 5:23 AM PDT
Copyright Infringement is not theft or stealing.

Since this album sold so well, I guess all these bad bad people Infringing on Copyrights must be stopped at all costs. I mean, they only sold 1,000,000 units "within a couple months of being released."

BTW, the album had lots of other press promotion. They pretty much pissed off all of China.
by Neely2005 July 17, 2009 7:03 AM PDT
Call it want you want but we both know that downloading music without paying for it is stealing. The only people who argue over this are the ones that are trying to justify their stealing.

I said "The Band" did no promotion.
by 0ri0n July 17, 2009 5:28 AM PDT
Whoever defends the RIAA, as if they aren't also the criminals, really has no clue about them at all.
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by Neely2005 July 17, 2009 7:04 AM PDT
That doesn't justify stealing music.
by sanenazok July 17, 2009 7:51 AM PDT
@0ri0n: Let he who have no sin cast the first stone.
by Neely2005 July 17, 2009 9:14 AM PDT
Nice attempt at Deflection to justify stealing music.
by sanenazok July 17, 2009 7:53 AM PDT
This guy did the right thing: he did something wrong (leaked music), but then cut a deal AND he grassed on whoever was on the inside who leaked the song. Jamie Thomas should have done this too - spared herself a lot of trouble.
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by selloco July 17, 2009 8:02 AM PDT
The real crime is the existence of Guns N' Roses.
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