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British Student Loses Extradition Battle Over Copyright Violation

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daltar The Maid from the fantasy of green. Since: Jul, 2009 Relationship Status: All is for my lord
The Maid
#1: Jan 18th 2012 at 8:28:58 PM

Well this seems like an interesting case to me. A British student seems about to face trial in the United States for creating and maintaining Torrent site.

TV Shack 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, the 23-year-old British student facing extradition to the US over his part in creating popular torrent site, TV Shack. 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 TV Shack.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, TV Shack 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 TV Shack 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.

So, what do you think of this case and situation? Should he have to face trial in the States even though he is not a citizen, has never set foot there and his servers were based outside of American soil? Is his crime grave enough to warrant extradition?

Now, I really can't support such a move on a crime which is relatively minor and has such a tenuous connection with the United States. Not to mention the fact that his site did not actually host any of the illicit files. Though I have to admit that I'm surprised to learn that apparently the United States has authority over every site ending in .com or .net.

Still, I'm not really familiar with the laws and perhaps politics that might be behind these news. As such I would really like to see what the forum and more knowledgeable people in the site have to say about it.

The article I posted is from the Escapist and their own source is this article by the Guardian.

edited 18th Jan '12 8:41:07 PM by daltar

If I'm sure of something it's that I'm not sure of anything.
Flyboy Decemberist from the United States Since: Dec, 2011
Decemberist
#2: Jan 18th 2012 at 9:14:17 PM

Say it with me now: overkill...

"Shit, our candidate is a psychopath. Better replace him with Newt Gingrich."
DrunkGirlfriend from Castle Geekhaven Since: Jan, 2011
#3: Jan 18th 2012 at 9:18:54 PM

Lovely. I think this is utterly ridiculous.

Also, since when did the US own all the .com and .net domains? What if Tv Shack had a .co.uk domain?

"I don't know how I do it. I'm like the Mr. Bean of sex." -Drunkscriblerian
whaleofyournightmare Decemberist from contemplation Since: Jul, 2011
Decemberist
#4: Jan 18th 2012 at 11:00:06 PM

Its a fucking disgrace that the British government has bent over for this.

Dutch Lesbian
Greenmantle V from Greater Wessex, Britannia Since: Feb, 2010 Relationship Status: Hiding
V
#5: Jan 18th 2012 at 11:09:24 PM

A reminder: This isn't the only case where the US is seeking extridition...

Keep Rolling On
johnnyfog Actual Wrestling Legend from the Zocalo Since: Apr, 2010 Relationship Status: They can't hide forever. We've got satellites.
Actual Wrestling Legend
#6: Jan 18th 2012 at 11:12:53 PM

[up][up] Hope they don't run short on lube.

I'm a skeptical squirrel
Steventheman Cmdr. of His Supremacy's Armed Forces from Wales Since: Feb, 2011
Cmdr. of His Supremacy's Armed Forces
#7: Jan 18th 2012 at 11:16:56 PM

Disappointed in the Government right now, we may as well be a American aircraft carrier off the coast of France.

FIMFiction Account MLPMST Page
drunkscriblerian Street Writing Man from Castle Geekhaven Since: Oct, 2010 Relationship Status: In season
Street Writing Man
#8: Jan 18th 2012 at 11:17:01 PM

Lube is for people who care, Johnny.

In all seriousness, this is exactly the kind of authoritarian bullshit the US government will continue to indulge in until they are stopped.

So for those who don't like it, what do we do?

If I were to write some of the strange things that come under my eyes they would not be believed. ~Cora M. Strayer~
BigMadDraco Since: Mar, 2010 Relationship Status: [TOP SECRET]
#9: Jan 18th 2012 at 11:34:50 PM

I've of the opinion that one is only bound by laws of a country that are a) citizens of or b) currently located in.

Steventheman Cmdr. of His Supremacy's Armed Forces from Wales Since: Feb, 2011
Cmdr. of His Supremacy's Armed Forces
#10: Jan 18th 2012 at 11:36:40 PM

[up]

Not for the US, they're world police apparently.

I only recognise the Queen as an official authority.

FIMFiction Account MLPMST Page
RAWieren Since: Dec, 2011
#11: Jan 18th 2012 at 11:44:29 PM

This insanity from our various industries doing regulatory capture in the US, then trying to use our government to try and force things overseas needs to be stopped.

It's time for the use of Anti-Trust Laws.

johnnyfog Actual Wrestling Legend from the Zocalo Since: Apr, 2010 Relationship Status: They can't hide forever. We've got satellites.
Actual Wrestling Legend
#12: Jan 18th 2012 at 11:49:15 PM

That would violate our God-given right never to give a sucker an even break!

I'm a skeptical squirrel
Greenmantle V from Greater Wessex, Britannia Since: Feb, 2010 Relationship Status: Hiding
V
#13: Jan 18th 2012 at 11:51:29 PM

Here we are: the Extradition Act 2003.

And there have been quite a few other cases where the Act has been employed since 2003:

There is no British equivelant to the powers the US can use.

Keep Rolling On
whaleofyournightmare Decemberist from contemplation Since: Jul, 2011
Decemberist
#14: Jan 18th 2012 at 11:57:25 PM

They are thankfully reviewing this insanity though.

Dutch Lesbian
Medinoc from France (Before Recorded History)
#15: Jan 19th 2012 at 12:58:18 AM

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.
It's like saying driving an American car makes you liable to American speed limits on a British road where the speed limit is higher.

"And as long as a sack of shit is not a good thing to be, chivalry will never die."
ArlaGrey Since: Jun, 2010
#16: Jan 19th 2012 at 1:52:25 AM

This is just silly. If he'd done something really serious that affected someone in America, fine, but he hasn't. I can't say I approve of places like his site, but I don't see how you can be tried for doing something which breaks the law in another country. America doesn't own the internet.

Also, "a five year maximum sentence"? That's ridiculous!

TheBatPencil from Glasgow, Scotland Since: May, 2011 Relationship Status: I'm just a hunk-a, hunk-a burnin' love
#17: Jan 19th 2012 at 8:34:41 AM

They should have been told to piss off, along with their treaty. How can we send someone to a country they've never set foot in to face charges despite not actually breaking any laws?

And let us pray that come it may (As come it will for a' that)
SavageHeathen Pro-Freedom Fanatic from Somewhere Since: Feb, 2011
Pro-Freedom Fanatic
#18: Jan 19th 2012 at 8:44:02 AM

The UK should repudiate the extradition treaty: As it stands, it's a threat to their own people's liberty.

You exist because we allow it and you will end because we demand it.
Mandemo Since: Apr, 2010
#19: Jan 19th 2012 at 8:51:18 AM

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.

What the fuck? Does that mean that any site ending with .com or .net is considered to be under US jurisdiction? Even is the servers are outside US and the site is definetly not for US citizen? You mean, that a small town music festival website, that just happens to have .com domain since it's cheaper, somehow magically is in US jurisdiction?

Allow me detail my opinion on the matter:

BUUUUUUUUUUUUUUUUUUUUUUUUUUULLLLLLLLLLLLLLLSSHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIT

Lock Space Wizard from Germany Since: Sep, 2010
Space Wizard
#20: Jan 19th 2012 at 9:00:45 AM

Its a fucking disgrace that the British government has bent over for this.
This.

Besides the fact that he got extradited in the first place, what for? What is the crime he is held for anyway? His site (as far as those sources claim) was one of many in the legal grey area, just hosting links to torrents. I'm not defending that, but such an reaction is just equally ridiculous and frightening.

edited 19th Jan '12 9:03:07 AM by Lock

Programming and surgery have a lot of things in common: Don't start removing colons until you know what you're doing.
CDRW Since: May, 2016
#21: Jan 19th 2012 at 9:10:26 AM

I am American and what is this?

TheBatPencil from Glasgow, Scotland Since: May, 2011 Relationship Status: I'm just a hunk-a, hunk-a burnin' love
#22: Jan 19th 2012 at 9:21:50 AM

And we're not talking about a fine and a strongly worded telling off from a Judge, as would be the sensible, sane approach, but spending time in a New York maximum security prison. The kid is from Sheffield for God sake, he's hardly going to last long being locked up with those maniacs. He would actually have been better off just stealing DV Ds from HMV.

edited 19th Jan '12 9:22:13 AM by TheBatPencil

And let us pray that come it may (As come it will for a' that)
pagad Sneering Imperialist from perfidious Albion Since: Jan, 2001 Relationship Status: Showing feelings of an almost human nature
Sneering Imperialist
#23: Jan 19th 2012 at 9:51:02 AM

Oh that fucking extradition treaty.

The American ambassador had the nerve to essentially storm into Parliament and demand that they don't change a thing late last year, insisting that it was completely fair. What a load.

With cannon shot and gun blast smash the alien. With laser beam and searing plasma scatter the alien to the stars.
SomeSortOfTroper Since: Jan, 2001
#24: Jan 19th 2012 at 9:52:23 AM

Well, there's still two levels of appeals courts to take it to, I think.

Katrika Since: Jul, 2009
#25: Jan 19th 2012 at 10:02:05 AM

Yeah, I don't agree this was the right thing to do. I could see justifying fining him, I suppose, but potentially giving him hard prison time in a country he's never been to for something that's not even solidly a crime in his country because of his domain ending and the fact that there might have been some 'economic effects' in the USA? No.

"You fail to grasp the basic principles of mad science. Common sense would be cheating." - Narbonic

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