Blogger gets house arrest for Guns n Roses songs

Back in August of 2008 I wrote about how the FBI overreacted to the temporary actions of a blogger. The blogger, Kevin Cogill, posted 9 tracks of the Guns n’ Roses Chinese Democracy album on his blog, Antiquiet. He also removed the tracks. All of this long before the album went on sale later that year.

In that post I stated.

“…Since when does the FBI bother with a copyright issue? Isn’t this normally an issue that lawyers resolve with a stroke of a pen, threatening a lawsuit if the material is not removed (which it was)?

This is overkill, and a problem for bloggers of all sizes. If ABC News, or MTV, the news media, or Sirius Radio played the songs before release (which radio stations have long done) there would never be FBI closing down those companies. The DJ responsible would never be yanked of the air until they can make bail. They would never have to face criminal charges in court.”

But arrested he was. By a fully armed team of FBI agents armed to the teeth at dawn. You would have thought Cogill was an international criminal the likes of a terrorist. But he is nothing of the kind.

Cogill lost his job. He was incarcerated. He plead guilty to a misdemeanor. And the prosecution was still not satisfied. On behalf of the RIAA, the prosecution sought to have Cogill jailed. Thankfully the judge did not agree.

Cogill was sentenced and will have 2 months house arrest. The Government will have access to his computer, and he has to make a PSA for the RIAA against copyright infringement. All in all, more than what was deserved for what he did.

I realize that the law was broken. I understand that punishment was due, in some form, considering all the manpower that was used to make him a scapegoat. But none of this was necessary.

A simple request from the record companies near-limitless horde of lawyers could have ensured compliance. It is a fact that he had already removed the information by the time the FBI got involved. But instead a statement was made that day.

“…Arrests because you used a public photo (with credit to its source) of a politician in a negative post? Possession of a podcast or post on a laptop or cell phone means federal charges for distribution or receiving stolen goods? And how long is it before a blogger just gets arrested because they wrote something someone else did not like.”

I have never agreed with the manner or the reasoning why the FBI ruined the life of Cogill. I still don’t now that he has been sentenced. And I still believe that all bloggers should keep an eye out for actions like this one. Especially with the current government in power.

At least the album was decent. The least of positive news, but the only real positive in this story.

Axl Rose and Dr. Pepper: About the fans or the money?

Axl Rose must be a bit worried. At least that's what I gather. Because so far there has been no official report on the sales of the latest Guns 'n Roses album, Chinese Democracy. But Axl Rose is looking to garner more media attention, and possibly a few bucks as well.

By now everyone knows that Dr. Pepper famously made a promise to the public that if Chinese Democracy was released this year they would give the nation a free drink. At the time the odds of the much rumored and 15 years delayed album actually arriving in stores for sale were slim at best. But Guns 'n Roses finally got it out, and Dr. Pepper decided to make good on their promise - as I mentioned in a prior post.

The problem for Dr. Pepper is that everyone paid attention to their offer. There was such a rush on their site that it crashed. They then extended their offer by 24 hours. But it seems that the company's website was still unable to handle the demand, or was otherwise disabled for most of the extension time. This is where Axl Rose comes in.

Rose has now gotten his lawyer to jump into the fray and demand that Dr. Pepper do more to live up to their word. He is insiting that Dr. Pepper make good for all the people that were unable to receive the coupon that would provide a free 20 oz drink of their products. And Rose wants the company to take out full page ads apologizing for the problems encountered, and the use of Guns 'n Roses' as a publicity stunt.

If all of these things are not done, then Axl Rose plans on some form of lawsuit to get paid.

Now who is using who to get paid, make sales, and drum up publicity? It makes me wonder what the sales numbers are really going to look like. According to Newsday

"..."Chinese Democracy" is a good effort and it would have seemed even better if it came out in a decent amount of time, say, you know, a decade ago....

That "Chinese Democracy" came out at all is a monument to Rose's artistic vision and his belief in himself. But all its excesses and its occasional lack of focus also serve as a testament to the kind of ridiculous spending and star-coddling that led to the music industry's current sales-dropping predicament. All along the line, this project would have benefited from someone telling Rose "no," but any check on him came too late."

Mark Savage at the BBC had a bit more positive take on the album

"This record is an uncompromising, fully-focused, hard rock monster.
At times, it will rattle the rafters with its ferocious riffs. At others, you will laugh out loud at the ridiculously overblown melodrama.
In other words, it's business as usual for Guns N' Roses."

And of course there is Rolling Stone

"Let's get right to it: The first Guns n' Roses album of new, original songs since the first Bush administration is a great, audacious, unhinged and uncompromising hard-rock record...

You may debate whether any rock record is worth that extreme self-indulgence. Actually, the most rock & roll thing about Chinese Democracy is he doesn't care if you do."

In every review, positive or not, there is the consistent thought that this album would have been a stellar release a decade ago. Everyone seems to agree that there are several songs that relive the glory of the past that Guns n' Roses enjoyed. But overall the final thoughts seem to say mixed things. And that's never wonderful for sales.

So I expect that this bruhha over Dr. Pepper is just a way to either gain more record sales, or more likely an attempt to get Dr. Pepper to dole out some cash in a settlement so as to recoup some of the $11 million spent on creating Chinese Democracy. In effect it gives me pause on just how good the album is, which I admit I have not heard yet.

So in the end what do you think? Is Axl Rose protecting his property as he did when he had blogger Kevin Cogill arrested, or is it to just make some money in the face of low sales?

Is Chinese Democracy good? You win even if it's not

Guns n’ Roses’ can be called many things. Sporadic, drugged, crazed, genius, lyrical, inspirational all have been used and fit well to this band. Perhaps this can all best be ascribed to lead singer Axl Rose, a man with a plethora of issues, passion, demons, and intensity. And it can be said that Axl’s many weaknesses are his strengths as well. But one of the short-comings of the band he famously heads will soon be naught but the memories of the past.

It’s been more than a decade since Guns n’ Roses’ last released an album. The upcoming album Chinese Democracy has been worked on and redone since 1994. And most believed that it would be the equivalent of Meatloaf topping Bat Out of Hell. It just won’t happen. But all things are probable, even the improbable (as a certain engine proved).

Thus Chinese Democracy is going to come out in a mere handful of days. Most in Rock and Roll are more than just a bit surprised. And no one is sure what to really expect. Well no one except a blogger that placed early bits of the album on his blog, and was rudely awoken by the police because of it.

Will this be a good album? Will it be worth the wait? To be honest, I doubt it. Anything that takes that long to make, and is not destined to operate in outer space is most likely to be a ruinous waste of time. There might be a song or 2 that are ok, but the rest will fail miserably. The past glory will remain in the past – no matter the sales of all the curious.

But even if this new album is a complete waste of time, an utter disgrace confirming that some things are best left undone, you will be able to gain something from the effort. And you won’t even need to buy anything to get it. Yes you can be rewarded for the sweat, humiliation, and decade of work laid out by Axl Rose. Courtesy of Dr. Pepper.

Back in March of this year Dr. Pepper bet that Chinese Democracy was as likely to be released this year as Hillary Clinton becoming the sweetheart of America. Senator Hillary Clinton is still despised by some 50% of the nation (including more than a few in the Obama camp), but Dr. Pepper lost their bet. And that means that every person in America wins. You are now entitled to a free 20 ounce Dr. Pepper. Talk about buying a round for the house.

As of 12:01 Sunday you will have one day to get a coupon, at their website located at www.drpepper.com, which will be good until Feb. 28, 2009. That coupon will get you your free drink.

I have to admit that I never thought they would do this. It’s rare to see a major corporation live up to the letter of their word – when it’s costing them money. Then again the release of Guns n’ Roses’ album is even more rare an occurrence.

Guns 'N Roses cause guns and arrest

During the last 3 days I’ve been suffering from a sprain in my shoulder. It’s making my typing difficult to do, especially in the amounts I normally do. Considering how much I’ve written on the Democratic National Convention, I haven’t been able to do much more.

But when I saw this I had to tell you about it. Bloggers beware, the FBI are cracking down.

Now I do respect the laws of the nation, and the FBI. But they have gone way too far. It seems that Kevin Cogill, of Antiquiet, was arrested by the FBI because he put 9 songs from the upcoming Guns ‘N Roses Chinese Democracy album on his site.

The FBI arrived at dawn, reportedly en masse. They arrested Cogill with no lack of impending doom as you might expect. And the reason why is that he released the songs ahead of time, breaking copyright laws. Even though the songs had been removed by the time of arrest.

Since when is that the proper response? Since when does the FBI bother with a copyright issue? Isn’t this normally an issue that lawyers resolve with a stroke of a pen, threatening a lawsuit if the material is not removed (which it was)?

This is overkill, and a problem for bloggers of all sizes. If ABC News, or MTV, the news media, or Sirius Radio played the songs before release (which radio stations have long done) there would never be FBI closing down those companies. The DJ responsible would never be yanked of the air until they can make bail. They would never have to face criminal charges in court.

We bloggers are powerful, there is no question. I reach 119 countries each month on this blog alone. I write for about 40 blogs (when I’m in good health) each month. And I am often controversial and critical in what I write. I’m sure that I piss off various parts of the Government, politicians, entertainers and celebrities, Hollywood, athletes, countries, racists, and a host of others on a regular basis. Does that mean I should fear the police?

My posts have been usurped by other websites that I don’t write to. PrettyShady.com stole my post on Brawlin'at the Belmar - my first BMX Pro-Am dirt jumping tournament, calling me an employee. [They also have false information on their contacts – protecting them from being told to remove information] But I didn’t decide to get the FBI to arrest them for violating my copyrights. [I do not authorize the wholesale copying of my posts or content, though excepts with links and/or full credit are permissible.] But the precedent stated means that I could have done that instead of letting them know to remove the copied material or face a lawsuit.

If the FBI can arrest a blogger for releasing a song early, what is next? Arrests because you used a public photo (with credit to its source) of a politician in a negative post? Possession of a podcast or post on a laptop or cell phone means federal charges for distribution or receiving stolen goods? And how long is it before a blogger just gets arrested because they wrote something someone else did not like.

I think about it now and I suppose that the movie previews that I do might violate a copyright, in that the person that got the video clip may or may not have had permission. Does that mean I should expect the FBI at my corporate office looking to arrest me, SWAT team in tow? Just because I think Oliver Stone is a politically biased loudmouth?

This may not sound serious, but my fellow bloggers it is. Stay aware.

I just hope the bloody Guns ‘N Roses album will be worth even half this trouble. But I doubt it.