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.

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.