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Did Guns n’ Roses Leaker Know He Broke the Law? Kevin Cogill Asks for Financial Aid

9/2/08, 1:45 pm EST

Photo: Getty

Kevin Cogill, the blogger who was arrested by the FBI last week for leaking nine unreleased Guns n’ Roses tracks, has broken his silence on his Website. In a new post, Cogill reveals that he has retained the services of attorney David J.P. Kaloyanides, who works with “many indigent clients who cannot afford to hire their own lawyer,” according to his Website. Cogill has set up a Paypal account on his site to raise funds for his defense. He also plans on auctioning his Gibson Les Paul BFG guitar. “[Battling these charges] has definitely been by far the biggest expense I have ever faced in my entire life,” he writes. “My resources are very limited while formidable costs shall continue to pile up. It’s beyond daunting, being a single independent citizen facing a full-force prosecution by the most powerful government in the world.” If convicted Cogill faces a possible five-year prison sentence and a $250,000 fine. A preliminary hearing is booked for September 17th.

Speaking to Rolling Stone in June, Cogill seemed unaware of the recent law that explicitly outlawed the distribution of unreleased music. “I’m not worried [about possible legal action],” he said. “I have a few friends in the music industry, pretty high up on the inside. The consensus seems to be that they probably aren’t going to prosecute, it’s pretty bad PR. It’s a grey area in a lot of senses since it wasn’t for download and it wasn’t a finished product. We aren’t even sure who owns the recordings. Everything I know about these situations doesn’t apply to this particular case. I’m not ruling anything out, but I feel like I might survive this. I don’t know.”

He also explained his rationale for posting the music to begin with. “I set out to prove the point that this shit will always get out there, no matter how tight a lid they put on it. Me just saying I had these songs wouldn’t be enough. If I said, ‘Hey, we heard Chinese Democracy — it’s great.’ Nobody would fucking buy that. How many sites have said that? I had to have someone say, ‘No, they fucking have it. They posted it.’ “


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Comments

teal | 10/24/2008, 10:22 pm EST

the leaks are still available if you know where to look. bittorrent is a wonderful technology. as far as Kevin goes… what an idiot. i think the max penalty is a little stiff though.

my opinion on downloading ‘pirated’ music: sure there are plenty of people downloading music and movies, but the fact that they will take it for free doesn’t mean they would buy it if it wasn’t available free. There are plenty of things that i would take if they were free, but would never miss them otherwise. i for one have heard the leaks, and they’re great. i’ll be waiting at best buy for the doors to open Nov 25.

CHINESE DEMOCRACY STARTS NOV 25, 2008!!!!!!

xtehgjw guvwqfkl | 10/20/2008, 10:35 am EST

ltbm jxehdag oauk lfjaqhob gvnfb takysvgof fnvbo

hypocritical | 10/8/2008, 7:04 pm EST

RS: Why always put the worst picture for someone. Photo: Getty: I want to see a bad picture of you.

brianm | 10/2/2008, 9:27 pm EST

I can understand how someone can make a mistake and post streaming but accidentally allow for downloads. It happened at a music festivals website who shall remain nameless. There are two different issues going on: an early release of an album which was not authorized and #2 , posted streaming music which was able to download. #2 can be resolved but knowing how much computer savvy the guy actually has but #1 is the downfall. This is the only charge he should go down on.

josh | 9/8/2008, 6:04 am EST

It’s a publicity stunt to bring attention to an album that no one cares about. Seriously, this stuff doesn’t get out unless they want it out. There was no arrest of a studio engineer or any body working on the album, which is the only way something this special would be leaked through. They handed this seeming nobody some half finished tracks and said post it. He gets to be famous for a little while, the album gets publicity.

Slash = Hypocrite | 9/6/2008, 8:04 am EST

Slash just lost me as a fan. How can Slash say “rot in jail” to this blogger for stealing, WHEN Slash himself admits in his book how much he used to steal when he was younger. Hypocrite!!! And to defend Axl when he handed your arse to you by forcing you to hand over the right to the GNR name. Why defend Axl you wimp?

Jimmylovesnirvana | 9/5/2008, 3:59 am EST

idiot. there’s absolutely no need to prove that the shit always gets out there. everyone knows!!!

Steve | 9/4/2008, 6:25 pm EST

Maybe ‘Carrot Top’ should sue Axl for trying to steal his look.

J | 9/4/2008, 5:01 am EST

To be honest, if GNR had released this album all those years ago we wouldn’t have people so eagerly trying to spread their new stuff on the the net for impatient fans. What the hell have they been waiting for?! I’ve heard most of the songs apparently from Chinese Democracy so really this album was finished long ago! If they ever do release it no one will buy it cos it’s already all over the internet! Snooze you lose GNR! I’m a solid old time fan but Axl has some strange notions! Get a grip on reality man, cos space seems to be your place now!

Dean | 9/4/2008, 4:25 am EST

It is simple.He broke the law.No excuses are acceptable for leaking a release that will probably never see the light of day.

kaiser soze | 9/3/2008, 9:39 pm EST

it is the truth, this is axl’s cover band,no gnr. and by the way,axl looks like 75 year old granny in that picture. too much botox? wtf? michael jackson 2?

if u hate gnr y post? | 9/3/2008, 6:27 pm EST

“new gnr is just axl with a cover band”….god…seriously, its funny cause people who say these things always find their way to articles having to do with new gnr. Please, dont comment, you wont be missed.

NO | 9/3/2008, 5:46 pm EST

Kevin is not a “fan like the rest of you”.

Kevin was looking for 15 minutes of fame. He couldn’t have cared less about any of you and what he did had nothing to do with “getting the material to the fans”. There are plenty of ways to do that anonymously. He used you for publicity. Stop pitying him.

baba booey | 9/3/2008, 3:07 pm EST

Guns n’ Roses: Cover Band with Axl.

stupid Axl/FBI | 9/3/2008, 11:00 am EST

,,,we are talking about a tired “rock star”, his sh#tty band, and an album no one but the mullet crowd is waiting for. Who cares. And the FBI? Huh? Um,,,,dont we have other pressing issues? This whole thing is ,,,stupid.

PCKNYC | 9/3/2008, 9:41 am EST

What person over the age of nine doesn’t realize that you can’t post unreleased GNR tracks without attracting the attention of those you stole them from? This guy’s gonna get some REAL downloads from his cell mates, ya get me?

Queen of the North | 9/3/2008, 8:55 am EST

Ignorance is no excuse. Neither is it a defence. They nailed someone recently in the UK for sharing game files with her pals online. She tried saying she wasn’t aware. It was a bullshit defence and she went down for it.

Drew | 9/3/2008, 7:15 am EST

Axl Rose is not suing this guy

infact the case has nothing to do with him

christ some of you people need to grow up

Skully | 9/3/2008, 6:29 am EST

This isn’t a simple case of file sharing, and downloading what floats around for free. This jerk set out to steal so he could be a big man is geek community. It’s simular to those retards who break into houses and film themselves doing it…cool to look at with friends, then perplexed how the cops nailed them. His reasoning is idiotic to say the least… let’s see… Axl spends 10 yrs and millions recording songs…but that doesn’t mean he owns them??? This guy is such a retard he probably needs toilet paper with instructions printed on each sheet to be able to wipe his butt.

Steve | 9/2/2008, 11:38 pm EST

All these people who say “he should go to prison” are just the typical emotionally retarded sociopaths who want to blame individuals for their own personal misery. These are the “louts” found at old time public hangings who jeered and hooted for some stranger’s destruction.
The Internet proves just what stupid bullies Americans can be.
Rose is a douche for persecuting this guy, who only built up anticipation of the album further.

Ali | 9/2/2008, 11:35 pm EST

Me, I think you are a tad hypersensitive. I don’t have a holier than thou attitude and never have. And aren’t you in effect displaying a holier than thou attitude towards me right now? Hypocrite much? :)

Anywho, best of luck to Kevin. Hopefully, something will be worked out with his cooperation in finding the original source of the leaks.

Ali

STOP FEELING SORRY FOR HIM | 9/2/2008, 10:59 pm EST

Just for the record this guy took “donations” from the members of the a perfect circle fan community and ran.

DO NOT DONATE ANYTHING TO HIM. He is a liar, a thief and this GnR thing had nothing to do with him being a “fan”, it was an attempt to get 15 minutes of fame and drive traffic to his blog.

Me | 9/2/2008, 9:54 pm EST

I don’t think it’s possible to be more annoying than you, Ali. You post on every GNR forum and post the same tired lines day in and day out. I am sick of reading your drivel and it seems that everyone else is as well. Your “holier than thou” attitude makes me want to puke up my supper.

Kevin is a fan like the rest of us. Anyone here who is saying he should be punished while they are sitting around enjoying the songs needs to re-evaluate.

Something | 9/2/2008, 9:27 pm EST

This guy is pathedic “trying to prove a point” that point has already been proven for years and now he wants people to help him for his dumbassity . He should go to prison. I doubt that he “didn’t know” he uses a site and likely downloads songs daily as well as uploading them (regardless for whatever purposes they may be) it wasn’t a mistake it was pure stupidity. Another dumbass that couldn’t take it in waiting for the album to come out (yes the album would likely take another 20 years to be released). Supporting this dumbass would make you the next dumbass in line.

baba booey | 9/2/2008, 9:14 pm EST

Axl Rose is an ass for taking so long to release an album that won’t ever meet expectations unless it comes with free blowjobs.

Ali | 9/2/2008, 8:16 pm EST

Hello “Me”. And posts like yours casting personal insults instead of at least partially addressing the topic aren’t annoying? :)

Hopefully, this guy will be end up alright and be able to learn from this and move on. But, who knows, maybe he’ll be made out to be an example?

Ali

Me | 9/2/2008, 8:01 pm EST

Ali, STFU, you are annoying as piss on every site you post on and no one likes you. Go cry elsewhere just stop posting your crappy opinion all over the net.

ZEviLL | 9/2/2008, 7:44 pm EST

Slash is pathetic with his “rot in jail” comment. He made his career and millions of dollars off the whole “fight the man” and “fight power” argument. Now Slash is the man. A sad little man who has sold out to the all mighty dollar.

Start drinking again Slash. You were a lot more fun before you sold out to the corporate system.

Sincerely,
An Ex-Fan

elwood.... | 9/2/2008, 5:48 pm EST

I’m always curious when this sort of thing “leaks”… is where did they get it??

It seems that somewhere along the chain, the band, management, label, etc. someone let this out…

Eventually that end has to be responsible as well.

Ali | 9/2/2008, 5:46 pm EST

I am the one who made the first post, not the second. The second one is not my style.

To Concerned Observer, merely commenting on a story is not trolling. And there is nothing “self-important” about saying the guy should have been a little more careful about the laws on what he was doing before he did it. It might have saved him the grief he is in now. And, I, for one, am not vilifying him. I think it would be said if he were to go to jail for this. But, he did this in such a way that made it obvious to trace back to him. And, it seems from what I read of FECA 2005, he is in clear violation.

Ali

Mel | 9/2/2008, 5:24 pm EST

I don’t really have a problem with what he did but I’m a little peeved that is he asking for financial aid from us as if we should feel sorry for him. When you purposefully leak 9 tracks from an album highly anticipated by the music industry to maybe help boost record sales why would you be surprised to suddenly find yourself in all of this legal trouble? Of course they’re going to be willing to spend a lot of money to make an example out of you, this isn’t some small indie record you’re leaking, this is a long overdue record from one of the biggest rock bands of the past 20 years.

“I set out to prove the point that this shit will always get out there, no matter how tight a lid they put on it.” Well, you proved your point. Anticipated albums will always get leaked and the people who leak them will get their lives ruined. Now I know if I come across some tracks from U2’s next album I’ll just enjoy them by myself on my iPod without having to show off to the torrent community that I have them.

Concerned Observer | 9/2/2008, 4:27 pm EST

Jesus Ali do you have nothing better to than troll news websites and GNR forums with your self-important BS posts?

GET A LIFE.

On Topic: Yes the man did something illegal, but we all make mistakes and vilifying someone for doing something as trivial as infringing copyright and posting unheard music is ludicrous. Hopefully they’ll give him a minimum sentence but like he says he’s “trying to take full responsibility” and that’s very respectable.

Ali | 9/2/2008, 3:52 pm EST

Another smart ass who clains he “didn’t know” yet he feels the need to be Peter Pan and spread these around as if he owns them.

Ali | 9/2/2008, 3:45 pm EST

Unfortunately for Mr. Skwerl/Cogill, ignorance of the law is not a viable excuse for violating the law. Perhaps he should have investigated the law on this matter more before leaving himself wide open to this sort of legal trouble.

Ali

Matt | 9/2/2008, 3:14 pm EST

OK, as a GNR fan, I appreciate that this guy wanted people to be able to hear these songs (although many of us didn’t get to). And maybe it sucks that this guy’s going to get the book thrown at him. But piracy *is* still a crime, right? He knew the risks.

Wasn’t it the leaking of *unfinished* tracks (”I Disappear”) that finally set Metallica off on Napster?

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