British Student Loses Extradition Battle Over Copyright Violation

[The Wooster]

British Student Loses Extradition Battle Over Copyright Violation

TVShack operator Richard O'Dweyer is set to face the US justice system, despite never having set foot in the country.

Earlier, we reported on the case of Richard O'Dwyer [http://www.escapistmagazine.com/news/view/111130-US-Seeks-Extradition-For-UK-Students-Copyright-Violation], the 23-year-old British student facing extradition to the US over his part in creating popular torrent site, TVShack. Last Friday, a judge in the UK ruled that there were no valid reasons why O'Dwyer shouldn't be sent to New York state for trial. O'Dwyer faces charges of copyright infringement and criminal infringement of copyright, both of which carry a five year maximum sentence. O'Dwyer intends to appeal to the verdict.

"There are said to be direct consequences of criminal activity by Richard O'Dwyer in the USA, albeit by him never leaving the north of England," said district judge Quentin Purdy. "Such a state of affairs does not demand a trial here if the competent UK authorities decline to act, and does, in my judgment, permit one in the USA."

O'Dwyer set up TVShack.net, which brought in as much as £15,000 per month in ad revenue during its peak, when he was 19. Like all torrent sites, TVShack didn't host any of the copyright infringing files directly. Instead, it acted as a search engine, providing links to torrent files from which users could download the material. Torrent sites are a legal gray area in the UK. As O'Dwyer's defense pointed out; the only UK prosecution of a similar site, TV-Links, was thrown out last year.

Many question whether O'Dwyer should face trial in the US, considering that he's never been to the states and TVShack didn't use US servers. The US Immigration and Customs Enforcement agency, however, maintains that any internet domain ending in .com or .net is fair game for US authorities as the company that provides those particular suffixes falls under US jurisdiction.

Source: The Guardian [http://www.guardian.co.uk/law/2012/jan/13/piracy-student-loses-us-extradition]

Permalink

 

[mad825]

TVShack didn't use US servers.

Bingo! the crime was committed on the country in which the website was hosted on the server. Not in the US.Any ending domains has no relevance as any organisation/register may have any domains especially .com and .net because there are no restrictions of use.

We all know why this is happening, the UK government doesn't have any balls to stand-up against the US in case it may damage this "special relationship".

 

[Baldr]

10-years for 2 charges of Criminal copyright infringement. Non-criminal copyright infringement itself is a civil matter and would never carry a jail sentence.

 

[Ilikemilkshake]

He's in the UK. He didn't break any UK laws. He should not be facing trial.
The US would never extradite one of their own if were the other way around, especially not for something so petty... I really wish we'd stop being such bitches when it comes to our "special relationship"

 

[Baldr]

TVShack didn't use US servers.

Bingo! the crime was committed on the country in which the website was hosted on the server. Not in the US.Any ending domains has no relevance as any organisation/register may have any domains especially .com and .net because there are no restrictions of use.

We all know why this is happening, the UK government doesn't have any balls to stand-up against the US in case it may damage this "special relationship".

They are going on the basis that it was still had to route through the US in Virginia, meaning the Federal Court would be New York City.

 

[The Cheezy One]

Definitely a tricky one. While he is most certainly guilty, I don't think he should be extradited on such a (comparatively) weak basis - "he's never been to the states and TVShack didn't use US servers" should mean he can only be prosecuted by more relevant authorities - would it be that different if he had chosen a different suffix?

On the other hand, being a UK citizen myself, I am almost definitely biased, and the question over where US jurisdiction begins and ends has been going on for a long time. I have also not studied internet law, just a few months on contract and delict/tort (negligence and compensation) law. Going into criminal law next semester, so I may one day have actual authority on what I babble on here!

 

[Albino Boo]

TVShack didn't use US servers.

Bingo! the crime was committed on the country in which the website was hosted on the server. Not in the US.Any ending domains has no relevance as any organisation/register may have any domains especially .com and .net because there are no restrictions of use.

We all know why this is happening, the UK government doesn't have any balls to stand-up against the US in case it may damage this "special relationship".

If you hide behind legal technicalities to make money out of advertising piracy don't be surprised when the big boys find some other legal technicalities to drop on you from a great height. If you can't do the time don't do the crime.

 

[Shadie777]

Sorry to repeat myself, but I believe that the government need to know our displeasure.
If you are a UK citizen please sign this if you want to.
We need to change this one-sided Extradition Act. Epetitions have been successful in the past, so this could work.

http://epetitions.direct.gov.uk/petitions/22467

Edit:

If you hide behind legal technicalities to make money out of advertising piracy don't be surprised when the big boys find some other legal technicalities to drop on you from a great height. If you can't do they time don't do the crime.

It isn't a crime in the UK. I'm also pretty sure that Google does this on a larger scale.

 

[The Cheezy One]

mSorry to repeat myself, but I believe that the government need to know our displeasure.
If you are a UK citizen please sign this if you want to.
We need to change this one-sided Extradition Act. Epetitions have been successful in the past, so this could work.

http://epetitions.direct.gov.uk/petitions/22467

Signed. Didn't one go through recently that says any member of the US armed forces can pull you out of your bed at night and drag you from your crying children with no reason?

 

[Roserari]

Well, this is a trial born to fail.

 

[Pistachio101]

I highly doubt that if he'd used the domain tvshack.co.uk they wouldn't of extradited him. They'd have just found another bs reason to get him over there.

 

[MrTub]

USA showing proudly that they are the Worlds police.

 

[ph0b0s123]

TVShack didn't use US servers.

Bingo! the crime was committed on the country in which the website was hosted on the server. Not in the US.Any ending domains has no relevance as any organisation/register may have any domains especially .com and .net because there are no restrictions of use.

We all know why this is happening, the UK government doesn't have any balls to stand-up against the US in case it may damage this "special relationship".

If you hide behind legal technicalities to make money out of advertising piracy don't be surprised when the big boys find some other legal technicalities to drop on you from a great height. If you can't do they time don't do the crime.

Yeah, cause the US should go out and extradite other nationals that did not commit crimes under their own countries laws, but broke US laws. If they were going to be consistent about it fine, but no. Where are they setting the preceded, is with piracy. Piracy joins terrorism and depictions of sexual activity, as the 3 things that normal rule of law and civil rights can be eroded via. And we muppets are happy for it to happen, not realizing that these 3 are being used as thin ends of wedges to destroy the rule of law we have had up to now. The only reason this bs extradition treaty was setup was due to terrorism. See just back it was setup to get those nasty terrorists, it then gets uses for something where no-one expected. Odd how that happens. As in give them an inch they take a mile.

Lock someone up without trial (even US citizens). Sure no problem.
Torture people against the Geneva convension. Sure no problem.
Make illegal depictions of sexual acts that themselves are legal. Sure no problem.
Drag foreign nationals to your country to stand trial for something that happened outside your boarders. Sure no problem.

Rather than civil rights progressing they seem to be regressing back a couple of centuries. And people are happy for it to happen just in case the terrorists, paedo's or pirates get them or their jobs. Sometime I despise my fellow human beings.

 

[Exocet]

This is such bullshit, it's unbelievable.

It sets a such ridiculous precedent, it makes me wonder if they thought about the ramifications at all.Should they arrest store owners from other countries because what the US governement sees as underage when it comes to alcohol can buy it there?
Because this is exactly the same thing.

In short, fuck you US justice system, good luck to this man, and good luck to UK citizens who will I hope against this.

 

[ph0b0s123]

USA showing proudly that they are the Worlds police.

That's 'Team America' World Police. America, F@*k Yeah....

 

[seraphy]

US seems such a third world country here again. The criminal system in there must be a joke.

To be fair though UK is much bigger joke here if they actually extradite him. How can they even considerer with a straight face to extradite one of their own citizens who has not broken any laws in uk or done anything illegal in there either. Perhaps UK should grow a bit of a backbone.

 

[Orange12345]

un-fucking-believable, this is the most asinine thing I have read to date, first of all regardless of whether or not he committed a crime (which I don't think he did, google and youtube have lead me to copyright material and they never get busted).

He was sold out by his country, AND YES HE WAS, what he did was not a crime in his country, and last time I checked if it's not illegal in your country you are allowed to do it, if he wasn't supposed to UK law would say he wasn't supposed to.

Now if you will all excuse me I need to go read up on US law since now we all apparently have to abide by it

 

[paketep]

What a load of BS. If positions were reversed, the US would NEVER EVER allow a US citizen to be extradited to the UK.

Shame on you, UK justice. And it's not the first time (McKinnon, Assange, and who knows how many more).

[Please don't take this in any way as a defense of what this guy allegedly did. Just a comment on how low the UK will bow to please our US overlords.]