Last month Guns N' Roses managed to sic the FBI on a blogger who was leaking tracks from Chinese Democracy, its perpetually delayed album. Guess what happened next?

The following is an email exchange between music writer Bob Lefsetz and Eric Garland, who runs BigChampagne, the online media measurement company. It was originally published via Bob's Lefsetz Letter.

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 3, 2008 11:12:17 AM PDT
To: bob@lefsetz.com

So often I hear "artists, labels, and publishers have the right...". Well of course they have the right, both under law and in principle. Is anyone you know really disputing that?

Let's all agree:

1) Artists/owners have the right to control their creative works.
2) These rights will be habitually, and increasingly, violated (sometimes by your most loyal fans).
3) As these rights are violated, of course artists can avail themselves of legal remedies.
4) However, this will not impact the ongoing, chronic, and mass violation of those rights. See #2, above.

What is there to argue about? Your work has been illegally wrested from your control. Hey, that's not right! Agreed. Now you have a simple strategic decision to make: pursue criminal or civil relief, or don't.

But let's be very clear about the facts and the numbers.

Arresting the GNR leaker has had a measurable impact on GNR piracy. It has increased it, necessarily, by drawing a lot of attention to it. News cycles do that every time.

All of the leaked tracks continue to be easily obtained from a wide variety of the most popular destinations on the web. Google, for one. Same as it ever was.

___________________________________

From: Bob Lefsetz
To: Eric Garland
Sent: Wed Sep 03 18:14:59 2008
Subject: Re: More Irving/Leaks

Can you provide me with statistics as to the increase after the
leak, after the lawsuit, etc?

___________________________________

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 4, 2008 12:41:13 PM PDT
To: bob@lefsetz.com

Well, only the leaker (nd now the FBI) knows for sure how many people grabbed the tracks directly from his own blog before he was shut down, but nothing like the more than 60,000 people (and counting) who have snagged it since the story of his arrest hit.

Most people learn about these leaks in the press. The bigger the news cycle, the bigger the leak.

___________________________________

From: Bob Lefsetz
Sent: Thursday, September 04, 2008 1:23 PM
To: Eric Garland
Subject: Re: More Irving/Leaks

But how many downloaded it before the story about the arrest hit?

___________________________________

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 4, 2008 1:39:18 PM PDT
To: bob@lefsetz.com

Sorry, should have been clearer: almost no one on torrent sites, as the initial downloading was directly from his blog. The news story broke five days later and the torrent downloading has been going gangbusters ever since.

http://www.rollingstone.com/rockdaily/index.php/2008/06/24/guns-n-roses-chinese-democracy-leaker-gets-fbi-visit/

___________________________________

From: Bob Lefsetz
To: Eric Garland
Sent: Fri Sep 05 11:29:02 2008
Subject: Re: More Irving/Leaks

Just so I'm clear, and maybe you have the statistics...

How big was the jump after the arrest?

Thanks.

___________________________________

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 5, 2008 10:16:09 AM PDT
To: bob@lefsetz.com

Since the news cycle broke, almost all of the public (torrent) downloading has taken place, as the increased media attention created awareness. 90+% of torrent activity has been since the story broke. But what's more important is that people are _still_ downloading it apace and it is more public than it was when it was only on the leaker's blog.

Do a Google search for keywords "chinese democracy torrent."

Photo via Dave1968

The Rock Phish gang - one of the net's most notorious phishing outfits - has teamed up with another criminal heavyweight called Asprox in overhauling its network with state-of-the-art technology, according to researchers from RSA....

It didn't take the gears of justice long to churn over this one: criminal charges against a biker who found himself on wrong side of a "cops gone wild" video were dismissed by a New York judge.

The biker, riding in a "Critical Mass" protest in July, was leveled by a NYC cop for no apparent reason as he rode through Times Square. Amazingly, Hoboken, NJ resident Christopher Long was still carted off to jail and charged with resisting arrest.

The incident was caught on tape, and uploaded to YouTube where it has been viewed more than 1.5 million times. The rookie cop in question, Patrick Pogan, was stripped of his badge and gun and assigned to desk duty while the NYPD investigates.

See Also:
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YouTube Payola: Is Anyone Paying For Views?

 

It’s a discovery that would make even Sherlock Holmes proud. British scientists have developed a new crime-fighting technique that allows police to lift fingerprints from bullets even if a criminal has wiped down a shell casing.

(more…)

Obese criminals are more likely to leave their fingerprints at crime scenes because of the amount of salty food they eat....

Metallica’s new album has leaked out a week or two early, unsurprisingly.  It isn’t surprsing because it’s Metallica, but that it happens to most every artist these days.  Some record store somewhere will sell a copy or two earlier than they should, one of those folks will share it with their friends, and lickety-split, it’s all over the Intertubes.

In this case, that’s almost exactly what happened, according to Blabbermouth

METALLICA drummer Lars Ulrich has commented on the premature release of the band’s new album, ”Death Magnetic”, via a French record store. A shop in Paris reportedly sold a number of copies of the CD this morning well ahead of its official September 12 worldwide release date — with illegal ”Death Magnetic” MP3 files making their way online by this afternoon.

During a guest appearance earlier today on ”The Woody Show” on the San Francisco, California radio station Live 105 (KITS 105.3 FM), Ulrichstated about the French leak,

“Listen, we’re ten days from release. I mean, from here, we’re golden. If this thing leaks all over the world today or tomorrow, happy days. Happy days. Trust me. Ten days out and it hasn’t quote-unquote fallen off the truck yet? Everybody’s happy. It’s 2008 and it’s part of how it is these days, so it’s fine. We’re happy.”

This is the happy face that Metallica seems to be putting on this particular leak, and I’m not buying it for even a minute. Consistently since their role in the demise of Napster, they’ve maintained an adversarial role with their fans that continues to this day.  

If you remember, they were handed accolades in the blogosphere several months ago when they agreed to release their album free of DRM in digital format. Sean P. Aune wrote a post on his personal blog that at the time I thought was a little harsh, essentially saying the band was still clueless, and was nowhere close to “getting it.”

Their cluelessness a few days later was futher confirmed when they had their management issue takedown requests to all who reviewed the album based on invited advanced listenings.

I think our president once said something like “fool me once, shame on — shame on you. Fool me — you can’t get fooled again.” With eloquence like that, you have to wonder, but I think even he would be a bit wary of Metallica’s true feelings on this.  

I’m guessing they aren’t going to get involved in another ridiculous lawsuit or criminal pursuit against the pirates of the world, but mark my words: if Metallica’s album sales aren’t simply spectacular, look for an irritated and enraged Lars Ulrich coming soon to a press conference near you to blame all the pirates of the world for preventing Metallica fans from keeping his private jet fueled up.

---
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Scheming frame-up, unlawful arrest and bitter escape journey, it’s not the story line of the new season of Prison Break , but a Chinese Police Sergeant’s unbelievable experience against his corrupt superior officer. Since the end of August, a post named “A fugitive sergeant’s diary” has flared and spread among many different Chinese blogs, BBSs and online communities, and finally even attracted attention of the mainstream media, including Xinhua News Agency, the official press agency of the government.

Yang Xiaodong (阳晓东), the alleged author of the diary, who proclaimed himself the Criminal Police Commander of Huangchuan County, Henan Province, disclosed a sequence of events that how the higher-ups of the local police intrigued with the gangsters against him for his continuous exposure of their underground crimes, and how he escaped from the house arrest, hiding himself in the mountains and running from one place to another.

A note at the beginning of the diary (excerpt):

…我是河å—çœæ½¢å·åŽ¿å…¬å®‰å±€åˆ‘警大队长阳晓东。2008å¹´3月份以æ¥ï¼Œæˆ‘å…ˆåŽä»¥ã€Šè­¦å¾½ä¸‹çš„罪æ¶ã€‹å’Œã€Šä¸€ä¸ªå…¨å›½å…ˆè¿›å…¬å®‰å±€çš„é”å˜ã€‹ä¸¤æ–‡æ­éœ²æ½¢å·åŽ¿å…¬å®‰å±€å‰¯å±€é•¿é‚¬æ™“辉的è¿æ³•çŠ¯ç½ªåŠæ½¢å·åŽ¿å…¬å®‰å±€çš„多起渎èŒçŠ¯ç½ªï¼Œè¿™ä¸¤æ–‡æˆ‘都是署真å给河å—çœçºªå§”ã€ä¿¡é˜³å¸‚委书记王é“ã€åŽ¿å§”书记焦豫æ±ã€ä¿¡é˜³å¸‚人民检察院ã€æ²³å—çœäººæ°‘检察院ã€å¸‚纪委ã€å…¬å®‰éƒ¨å映过，领导的批示都陆续转到信阳市公安局纪委，4月31å·ä¿¡é˜³å¸‚公安局纪委副书记胡永斌等调查人员到潢å·åŽ¿è°ƒæŸ¥ï¼Œ5月7å·å°±æŸ¥æ˜Žäº†é‚¬æ™“辉ç§å¼€èµŒåœºï¼Œæš´åŠ›é˜»ç¢æ´¾å‡ºæ‰€å¹²è­¦æ‰§æ³•ä¸€æ¡ˆï¼Œä½†è°ƒæŸ¥ç»„çªç„¶ä¸­æ–­è°ƒæŸ¥ï¼Œå¹¶ç»™æˆ‘答夓领导安排暂时ä¸æŸ¥å…¶ä»–案件”

…I am Yang Xiaodong (阳晓东), the Criminal Police Commander of Huangchuan County, Henan Province. Since March, 2008, I have successively written two reports, The Evil under the Police Badge and A National Advanced Public Security Bureau's Metamorphosis , exposing the illegal activities of Wu Xiaohui (邬晓辉), the Deputy Director General of Public Security Bureau of Huangchuan County, and malfeasance of the whole department. With my real name, I sent the two reports to Henan Provincial Commission for Discipline Inspection, Wang Tie (王é“), Secretary of Xinyang Municipal Committee of the CPC, Jiao Yuru (焦豫æ±), Secretary of County Committee of the CPC, People's Procuratorate of Xinyang city, People's Procuratorate of Henan Province, Municipal Commission for Discipline Inspection, and the Ministry of Public Security of Xinyang city. Then the instructions issued by the leadership were in succession relayed to the Commission for Discipline Inspection of Xinyang Public Security Bureau. April 31 a group of investigators, including Hu Yongbin (胡永斌), the Deputy Secretary of Commission for Discipline Inspection of Xinyang Public Security Bureau, arrived Hungchuan County and on May 7 they had found out the case that Wu Xiaohui (邬晓辉) illegally ran gambling house, violently obstructing the work of the police. However, the investigating team suddenly stopped their work and told me “The leadership have instructed the investigations of the other cases are suspended”

éšåŽï¼Œæˆ‘举报的多起案件被泄密。由于我举报的案件涉åŠé»‘æ¶åŠ¿åŠ›ï¼Œæ¶‰åŠåœ°æ–¹å…¬å®‰æœºå…³å¼„虚作å‡è´ªæ±¡å›½å®¶è´¢æ”¿ç»è´¹ä»¥åŠå¤šèµ·éª‡äººå¬é—»çš„渎èŒçŠ¯ç½ªé­åˆ°äº†è¢«ä¸¾æŠ¥äººé‚¬æ™“辉ã€æ¶‰æ¡ˆçš„公安机关ã€è¢«ä¸¾æŠ¥çš„黑æ¶åŠ¿åŠ›çš„疯狂的打击报å¤ï¼š“黑铔上匿å电è¯å¨èƒï¼›“白铔上邬晓辉更是利用侦查æƒå¯¹æˆ‘手机ã€ä½å®…åŠç¤¾ä¼šå…³ç³»å®žæ–½ç›‘控，åŒæ—¶åˆæ‰¾è¯´å®¢è°ˆæ¡ä»¶ï¼š“åªè¦ä¸ç»§ç»­å‘Šå¯ä»¥ç»™50万元”，期间邬晓辉更是利用金钱和多ç§ç¤¾ä¼šå…³ç³»æ‘†å¹³äº†å„级领导的批示。直至现在，邬晓辉åŠæ¶‰æ¡ˆçš„黑æ¶åŠ¿åŠ›æˆå‘˜éƒ½æ²¡æœ‰å¾—到处ç†ã€‚信阳市检察院副检察长æŽæ´ªå«äº²å£ç»™æˆ‘说：“阳队长，你一定è¦æ³¨æ„安全，ä¸æ˜¯æˆ‘们ä¸æŸ¥ï¼Œæœ‰éš¾è¨€ä¹‹éš”…

Subsequently, many cases I reported were deliberately leaked out. Because those cases were related to the criminal underworld, the embezzlement of the public security organs and horrible dereliction of duty, Wu Xiaohui (邬晓辉), the involved public security organs and criminal forces began their crazy revenge on me. The “black world” threatened me by anonymous calls, while the “white world” Wu Xiaohui (邬晓辉) took advantage of his powers to monitor my cell phone, house and social relationships, and in the meantime sent lobbyist to buy me off, “As long as you drop the charges you can have 500 thousand yuan (73 068.5 US dollars)”. Moreover, Wu Xiaohui (邬晓辉) greased the palm of the leadership at all levels by cash and various relationships. Until now, Wu Xiaohui and the relevant criminal forces haven't got any punishment. Li Hongwei, the deputy chief procurator of Xinyang People's Procuratorate, personally said to me, “Sergeant Yang, you should pay attention to your safety. It is not that we don't want to look into those things. We are just powerless”…

…7月25日夜11时许，潢å·åŽ¿å…¬å®‰å±€å±€é•¿æ¶¦é“å®é€šçŸ¥æˆ‘到党委会议室谈è¯ï¼Œæˆ‘如约到达了党委会议室，时有市公安局纪委副书记胡永斌ã€å¸‚纪委一室工作人员周å¯æ–°ï¼Œä»–们佯装询问我举报一事，çªç„¶æ¶Œè¿›10ä½™å武警，10ä½™å市局派æ¥çš„警察将我团团围ä½ï¼Œéšå³å‘¨å¯æ–°ä¾¿è¯´ä»£è¡¨å¸‚纪委对我“åŒè§„”…

…Around 11 p.m. of July 25, Run Daohong (润é“å®), the Director General of Public Security Bureau of Huangchuan County, told me to go to the assembly room of Party committee to have a talk. I showed up on time. While Hu Yongbin (胡永斌), the Deputy Secretary of Commission for Discipline Inspection of Xinyang Public Security Bureau and Zhou Qixin (周å¯æ–°), official of the Municipal Commission for Discipline, were pretending to inquire into the reporting affairs, about 10 armed policemen broke in and completely surrounded me; with that, Zhou Qixin (周å¯æ–°) announced that he representing the Municipal Commission for Discipline executed “Shuanggui” on me…

…由于是莫须有，我拒ç»åœ¨åŒè§„决定书上签字，并拒ç»é…åˆåŒè§„措施，他们把我拖进一辆大巴里秘密从潢å·åŽ¿å…¬å®‰å±€æŠ“走。由于这次迫害明显是以夺å–我的生命，对我å°å£è€Œæ¥çš„，因此我选择了必须逃亡。8月1å·æˆ‘从åŒè§„关押地逃走，8月2å·æ½¢å·åŽ¿å…¬å®‰å±€éžæ³•å°†æˆ‘通缉上网，8月3å·ä»¥æ¥æ½¢å·åŽ¿é»‘æ¶åŠ¿åŠ›ç»é‚¬æ™“辉安排已派二批æ€æ‰‹èµ´ä¸Šæµ·ã€åŒ—京等地寻机对我暗æ€ï¼Œæˆ‘的生命安全已处在æžåº¦å±é™©ä¹‹ä¸­ã€‚为唤起警察的良心，为追求法律的公平ã€å…¬æ­£ï¼Œæˆ‘å·²åšå¥½äº†ç‰ºç‰²çš„准备，åŒæ—¶æˆ‘将举报信原文åŠé€ƒäº¡æ—¥è®°åœ¨ç½‘上å‘布，一旦é­é‡ä¸æµ‹ä¹Ÿå¯ä½œä¸ºè¯æ®ä½¿ç”¨ã€‚我更相信åƒç™¾ä¸‡ç½‘å‹çš„声音å¯ä»¥å‘喊出正义ã€å…¬å¹³ã€æ°‘主和进步，å¯ä»¥éœ‡æ…‘è´ªã€è…，让我们共勉å§ï¼

… Because the charge was unwarranted, I denied signing in the judgment and further cooperating. They dragged me into a van and secretly moved me out of the police station. Obviously, they were trying to seal my lips and take my life, so I had to choose escape. August 1 I broke out of the house where I was detained; August 2 the Huangchuan Public Security Bureau illegally listed me as wanted; Since August 3, Wu Xiaohui (邬晓辉) with the criminal forces of Huangchuan county has sent two groups of killers to Shanghai, Beijing etc. to assassinate me. My life is in extreme danger. To arouse the police's ethical conscience and stand firm for the justice and fairness, I have been ready to sacrifice myself. Meanwhile, I have published the letter of accusation and my fugitive diary on the Internet. Once I suffer from misfortune, those materials can also be used as evidence. What's more, I believe the voice of millions of netizens will bring justice, fairness, democracy and social progress, and face the corruption and malversation down. Let's encourage each other!

Up to now, Sergeant Yang's fugitive diary has been updated from July 26, the first day of the house arrest, to August 13 when he fled to Fuyang, a city in Anhui Province. Because of the massive reproductions among the blogs and BBSs, no one knows exactly where Yang published his diary or whether there is someone else who helped him do the updating work. Even so, according to 3 blogs (Links: 1, 2, 3) which many bloggers linked to, It's very likely that the diary was firstly packaged into one post and then updated in different blogs every 6 or 8 days. All the 3 blogs were established in Blogger and dressed by black style.

Although Sergent Yang's legendary and tragic experience has won most Chinese netizen's strong support and deep sympathy, an inescapable question naturally arouse before everyone concerned. Is it true? Will the story maker behind the curtain suddenly jump out and exaltedly shouted that you are fooled? To avoid that situation, some cautious netizens began to further investigate the information revealed by the diary. Surprisingly the officials mentioned do exist, and Wu Xiaohui (邬晓辉), the most important role in Yang's depiction, was even found in the official website of Huangchuan County.

Da Dida, a blogger in bullog.cn, through web cache collected more to prove Sergeant Yang's identity:

google.cnæ供的“æ½¢å·åŽ¿å…¬å®‰å±€é¢†å¯¼ 阳晓东”的查询结果截图

The screenshot of the search results of “The officer of Huanchuan Public Security Bureau Yang Xiaodong (阳晓东)” by google.cn

æ½¢å·åŽ¿æ”¿åŠ¡é—¨æˆ·ç½‘ç«™æ供的潢å·åŽ¿å…¬å®‰å±€éƒ¨é—¨é¢†å¯¼ï¼ˆhttp://www.huangchuan.gov.cn/showpage.asp?id=71）截图

The screenshot of the leadership list of Huangchuan Public(...)

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