Blogger Sentenced For Leaking G N'R Album

A blogger who admitted to leaking part of the Guns N' Roses album "Chinese Democracy" was sentenced to a year of probation.

U.S. District Magistrate Judge Paul L. Abrams also ordered Kevin Cogill to serve two months of home confinement, subject his computers to government scrutiny and record a public service announcement for the RIAA.

Cogill pleaded guilty earlier this year to one misdemeanor count of copyright infringement for posting nine tracks from the long-awaited Guns 'N Roses album last year. Cogill apologized for his actions in court Tuesday and said he didn't mean any harm by posting the tracks online.

"I never intended to hurt the artist," Cogill told Abrams. "I intended to promote the artist because I'm a fan." Abrams noted that Cogill is an artist, and should have known better.

A federal prosecutor pushed for a short prison term to act as a deterrent to others. "This is the type of case where I believe the court needs to send a strong message," said Assistant U.S. Attorney Craig Missakian. Too many people think of posting copyrighted work online as a "victimless crime," he said.

Cogill's attorney argued against a prison term, saying his client realized his wrongdoing and had suffered serious repercussions already. "He did lose his job as a result of this case," defense attorney David Kaloyanides said.

Missakian said after the hearing that while prosecutors hoped Cogill would be incarcerated, the case should serve as a warning to others that the government takes copyright infringement violations seriously. Abrams said he thought Cogill had learned his lesson, and did not think he would repeat his mistake.

As part of his plea deal, Cogill will have to allow authorities to search or seize his computers. He will not have to pay any fines or restitution, although authorities at one point calculated the losses from his actions at more than $371,000.

Kaloyanides said after the hearing that arriving at any damage amount was difficult and that sending Cogill to prison could have created a backlash. "It doesn't help to educate the public of the importance of respecting copyright law when you become too heavy-handed with punishment," Kaloyanides said.

Cogill will have some input into the public service announcement he records for the RIAA, which has used lawsuits to pursue people it suspects of illegally downloading music. Kaloyanides said he hoped the ads would target fans who upload and download copyrighted works by explaining to them that they're really hurting their favorite bands.

"You need to reach the fans," he said. "He (Cogill) speaks their language."

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Source:

http://news.yahoo.com/s/ap/20090714/ap_on_re_us/us_blogger_arrested

Tags:

RIAA, Guns N' Roses album "Chinese Democracy", Kevin Cogill, Assistant U.S. Attorney Craig Missakian, Global Best Practice, David Kaloyanides, blogs, blogger, blogging, copyright, intellectual property,

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Sarkozy To “Go All The Way” Against Internet Piracy

Yesterday from the Palace of Versailles, Nicolas Sarkozy became the first president to address Parliament in 150 years. He took the opportunity to show his determination over the proposed HADOPI legislation, promising that he will “go all the way” to enforce law on the Internet.

Sarkozy’s address yesterday was made possible by the annulment of a law prohibiting a sitting president from addressing lawmakers. The last time an address of this type occurred was 1848, in Napoleon’s day.

After condemning the wearing of burqas by Muslim women in France and labeling it a “sign of subservience,” he moved on to HADOPI - France’s controversial anti-piracy law which aimed to implement “3 Strikes” for alleged pirates.

Earlier this month the Constitutional Council, France’s highest legal authority, deemed Internet disconnections unconstitutional, and stopped the law.

Speaking to both the Senate and the National Assembly in a joint session at Versailles Palace just outside of Paris, Sarkozy was clearly undeterred. During a 45 minute speech, he turned to the issue of Internet piracy, stating;

“How can there be areas of lawlessness in areas of our society? How can one simultaneously claim that the economy is regulated but the Internet is not so? How can we accept that the rules that apply to society as a whole are not binding on the Internet?”

Sarkozy went on to say that by championing HADOPI, he’s not just protecting artists.

“By defending copyright I do not just defend artistic creation, I also defend my idea of a free society where everyone’s freedom is based on respect for the rights of others. I am also defending the future of our culture. It is the future of creation.”

In pressing for HADOPI, Sarkozy said he will “go all the way.”

Source: http://torrentfreak.com/sarkozy-says-he-will-go-all-the-way-with-3-strikes-090623/

Tags: Nicolas Sarkozy, France, EU, French National Assembly, Napoleon, constitutional council, Paris, Palace of Versailles, HADOPI, Global IT News, Burqas, Internet Piracy, Copyright, Artists, Free society, Muslim,

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