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Intellectual Property Law

: Threat Level

Guns N' Roses Uploader to Plead Guilty

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

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Guns_300x The Los Angeles man arrested on accusations that he uploaded nine pre-released Guns N' Roses songs from the upcoming Chinese Democracyalbum has agreed to plead guilty to one federal count of copyright infringement as part of a deal, authorities said Monday.

"Yes. There is a plea deal," (.pdf) Los Angeles federal prosecutor Craig Missakian said in a telephone interview.

Kevin Cogill, who the FBIsaid confessedto uploading the nine songs last summer to his music site, antiquiet, is scheduled to enter a plea Dec. 8. Terms of the deal were not disclosed.

Still, authorities reduced the charge from a felony to a misdemeanor last month ? a move that exposes him to a maximum one-year prison term, down from the previous five years. Because of an acceptance of responsibility and the defendant's lack of a criminal record, the 27-year-old Cogill is likely to receive substantially less time, if any.

"His sentence is up to a judge," Missakian said.

Cogill's attorney, David Kaloyanides, was not immediately available for comment. It was not known whether the 27-year-old Cogill, as part of the deal, must acknowledge where he obtained the nine tracks he is accused of uploading on June 18.

The Recording Industry Association of America brought the case to the FBI's attention, according to court records.

Chinese Democracy, a 14-track album, is set to debutaround Thanksgiving.

Photo: Virginmedia.com


Full post as published by Threat Level on November 10, 2008 (boomark / email).

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