US Seeks Extradition For UK Student's Copyright Violation

[Baldr]

he's British, so i'll side with him(he didn't kill anyone or do anything like that, if he did, i wouldn't, but countrymen get instant respect), he linked to those sites, not necessarily to gain them downloads, they could have been put there to warn people, but he did not make it clear enough for US government.

he is(as far as i can tell), still a UK citizen, and as such still abides by our laws, as long as linking to illegal sites isn't an offence(can't remember if it is, but i doubt it), then they have nothing on him, they should take down those sites instead, also, whats the point? it's small-time, and makes the US look like bigger A-Holes than they did before(from my experience of the US from my Xbox i can conclude that 90% of them are under 12, and know more insults than god himself... or at least thats what it seems like).

According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), he has to be held criminally liable, the UK justice system can either extradite him, or he must face a harsher sentence in the UK if they are to hold up the treaty that the UK signed. Looks like the FBI wants him for a job, they'll give him a slap on the wrist and hire him to help take down other pirate sites.

 

[Morgan Howe]

So everywhere is in the US's jurisdiction? AMERICA, FUCK YEAH!

I have to point out that MOST of the content on that site was legally owned by American companies.
As the crime was against the citizens of the United States, it is the right, and responsibility of The United States government to try the case.

 

[Chameliondude]

Surely google links to far more illegal content than he ever did, and profits far more as well, whats the difference here?

 

[Verlander]

I don't think he'll get sent over there. The US have demanded people from us before, on more serious charges, and we haven't handed them over. Sorry America, not only are you not the world police, but you're not even the scariest country in the world anymore. However, as the British have proven, if you sit back with a drink and a sense of smug self-reassurance, you'll be alright.

 

[Verlander]

So... it's America overstepping it's boundaries again?

I'm reminded of when they tried to persecute the Pirate Bay people in Sweden. This will turn out just as badly for the US, I feel. It's not like they have a legal leg to stand on anyway.

apart from britian ashamedly being highly submisssive to the states.

Under Labour maybe, Cameron isn't such a brown-noser to the States. Besides, after their recent Falklands comments I doubt we're feeling so generous towards them.

Also the fact that Obama pretty much hates us, means there is no feeling of kindness to them at the moment

 

[Riobux]

I lack any form of surprise that America thinks England can't handle this. Then again, our "special relationship" (read: retarded relationship) seems to have more in common with a 1950s relationship where the big bad male (America) punching the fuck out of and expects the passive woman (England) to do what it is told and to just generally do it's own thing otherwise. Honestly, America should just let England sort this out, we're big boys now who can do it.

 

[madster11]

So, which one of these is illegal:

http://thepiratebay.org/
or
http://www.google.com/search?q=The+Pirate+Bay&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-USfficial&client=firefox-a&hl=en

?
Or perhaps they would like to bring Wikipedia up on charges:
http://en.wikipedia.org/wiki/The_Pirate_Bay
See how it links there, too?

Yeah. If linking is illegal, feel free to take out every single page on the internet US Government.

In the meantime, feel free to charge yourselves you MASSIVE retards.
http://www.justice.gov/usao/cac/pressroom/pr2009/086.html

Scroll down and you will notice the link.

 

[The_Emperor]

this is simply wrong on so many levels

noone cares either, we will just take another ramming from the copyrights lobbyists.

desperately clinging to an outdated, overpriced system, via opressing its own customer base.

all I can say is DURRRRRR HEERRRRR DERPITY HERP DERRR.

 

[SinisterGehe]

So hold on? Internet is now officially part of America? And is under maintained and policed by America, in which we obey America's laws?

So you are saying the server (My server, in my 3rd computer, in my fathers office that is IN FINLAND physically and its network is by a Finnish ISP and it has Finnish IP) in which I have stored the ~300 baby pictures of me and my brothers - so they could be printed out in a form of a photo-book. Is now Illegal child-pornography (because of the Americas legal view), I should be shipped out to America and be sentenced in to prison for having my baby pictures...

America has gone too far now... They do not own Internet, if they want to claim that they do - well then the rest of the world just has to disconnect America from the rest of the world so we can create our own Internet.

Comon... It is just shitty TV, that get aired 2-3 years later in majority Europe anyway and the TV companies pay millions for the rights to show it...

 

[SinisterGehe]

So, my government is wasting time, money, and reputation attempting to extradite a non-citizen for... putting up links to torrent sites?

Fantastic.

You know instead of moaning about it... (Sorry I need to be slightly rude to get my point across) Take up your phone and call your representative in your government and make him start the change. You have that right and the duty to do that, even better try making an appointment with him in person. Change will not happen if you jut talk about it, you must act - you must work to forge the future like you want it to. ANd the best way to get something done the way like you like is to do it yourself. Start to movement and do not stop until you have achieved that what you were fighting for.

I wish I could have a voice about this subject, but I am not American or English, I am a mere observer and that is all I can be.

 

[Rkiver]

This is quite harsh, and its wrong that he is getting charged for having links to torrents.

But anyone that says that the US shouldn't waist its money protecting copy right has no understanding that THE US PRODUCES ALL, ALL! TV and Movies of value.

Thus they are trying to protect the income of a lot of its people, so they can continue to tax them.

Blackadder, Red Dwarf, The Office, Life on Mars, Being Human.

All made in the UK. All had extremely bad American versions made. That's off the top of my head.

The US does not produce all TV and movies of value. It does produce some of value alright, but not all. Not by a long shot.

Regarding the OP, the law applies in the country he broke the law in. Hell, I could break the DMCA laws till the cows come home. Wont make a whit of difference, I don't live in the US, US laws don't apply to me. Now if my own country has copyright laws, then they apply, and I would be tried under those laws, in that country, and serve whatever sentance would be handed down.

Extradition though, over torrenting....that's idiotic, even by US standards.

 

[Leg End]

Could it be that the US is using this as a test case for extradition? Not to undermine the prosecution but I feel that this goes beyond copyright infringement laws to see what they can get away with in the UK.

As geek.com pointed out, he didn't actually infringe copyright and the prosecution knows this(unless they're idiots,which they could be), but they still want to see if they can extradite him and stick him in front of an American judge.

Basically, this.

OT: This is just making my head hurt. I'm going through it in my head but I am not finding any law against this. :L

And this would be UK law. :L

Someone get a clip from Team America: World Police in here.

 

[Scars Unseen]

As an American, I have only five words that adequately express the thoughts running through my head right now:

Too far, America. Too far.

 

[TechNoFear]

According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), he has to be held criminally liable, the UK justice system can either extradite him, or he must face a harsher sentence in the UK if they are to hold up the treaty that the UK signed.

In what US law / act does it mention criminal copyright inducement?

We are not talking about civil copyright inducement (for which you can be sued for damages) but criminal liability (for which you can be fined and/or put in jail).

Cases such as 'Perfect 10 v Google 2007' make it clear that hyperlinks are not a copy and hosts of these hyperlinks are not liable for 'direct' infringement.

In 2004 the US congress refused to pass the 'Induce Act' which would have made copyright inducement a crime.

Once extradited the US must prove to a criminal court standard (not just civil) that the host was an 'accomplice' in the copyright infringement. (ie as the host can not have possibly known the mental state of the actual criminals (those that downloaded) the US will struggle to prove 'accomplice' status).

Here is a paper discussing the issue
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1166702

BTW, because of US HR 2765 (the 'SPEECH' or 'Libel Tourism' bill) the UK would not be able to extradite a US citizen for exactly the same 'crime'.

But what can you expect from a US govt department that announces policy descisions at Disney HQ and refuses to respond to FOI requests?

http://www.techdirt.com/articles/20100630/14391410029.shtml

 

[Astenbaud]

This does not seem right in any sense of the word. I mean the fact that he never actally posted any videos only the links, hell a good defense could get him cleared. But the fact that it is Emarica doing the charges well no one in their right mind would let them get away with it. Also maybe just maybe if Emarica actually let me and the rest of the world watch tv and movies online legally then we would not have to resort to such measures. this also sets a dangerous precedent in which if Emarica doesn't like the way a country is enforcing their laws then a simple extradition would have the poor pickpocket in G-bay faster than you can say G-bay. Right now I am very tempted to go and break a shit ton of Emarican laws that only exist there to see if I will get extradited.

I should just say that I have no degrees in any law or international policey. so you know dont quote me

 

[aaronmcc]

If American laws are to be enforced here in the UK then I'm having American freedoms too. Guns for everyone. This is bullshit. If they actually manage to extradite this kid then the whole system is joke and I'm moving the hell away from here. It's an extremely dangerous precedent which could be further expanded upon. Stop wasting your fucking time on this nonsense and use your money to make the world a better place.

 

[ThisIsSnake]

So... it's America overstepping it's boundaries again?

I'm reminded of when they tried to persecute the Pirate Bay people in Sweden. This will turn out just as badly for the US, I feel. It's not like they have a legal leg to stand on anyway.

apart from britian ashamedly being highly submisssive to the states.

Under Labour maybe, Cameron isn't such a brown-noser to the States. Besides, after their recent Falklands comments I doubt we're feeling so generous towards them.

Hang on, what did the US say about the Falkland's? I know the current Argentinian president is making stupid comments about how Britain has no right to them (despite them being part of Britain for almost 200 years with Argentina never owning them... ever and the population wanting to remain British).

 

[JordanMillward_1]

Sadly this moron is a student at my University. This makes us all look bad.

I say he should be deported. He willingly broke the law. Stole, and profitted from that stolen property. If the American Government don't get him, the companies that own all the copyrighted material will sue him back to the stone age.

Did you actually read the article at all? He hasn't stolen or profited from stolen property, and hasn't broken any UK law, and the US has no jurisdiction, as the server with the links (he didn't host any copyright material, or any torrents, he just linked to torrent sites, which is legal in the UK) was in Sweden, where the content was also legal.

So... yea, why do you want a fellow Brit sent to a US prison for not committing a crime?

Please, next time, know the law in the UK before saying things like "he willingly broke the law". Hell, it's not like dozens of others haven't already pointed out that he hasn't broken UK law in the posts before yours if you'd bothered to read the thread...

 

[Brutal Peanut]

I'm an American and I don't agree with this at all. I hope the U.K. refuses to give in to this silliness. What a waste of time and money. Our government needs to learn to keep to our own dessert, but they are too busy sticking their hands in all the pie tins and messing with everyone else slices to notice that they have their own to bother with. .....Now I want pie,.....

 

[Forum_Name]

The most interesting piece of this entire case is what it says about how intent the US government is to punish copyright violators. Extradition is the sort of thing you normally hear in regards to terrorists, murderers on the run and international drug lords, not CompSci students earning (likely paltry) cash linking to a torrent of the latest episode of Game of Thrones.

The US prison economy is a growing industry, the ability for them to import prisoners on such a common issue could be a windfall.