News - UK Student faces 10 years in US jail for copyright infringement

[HEXUS]

Extradition approved for TVShack founder, who could face years behind bars.

Read more.

[shaithis]

To be fair, he didn't actually do anything wrong.

If he gets jailed over this, I hope the CEO/board of every search engine follows him.

[Hicks12]

agreed shaithis... its stupid, the fact is he worked like a search engine so whats wrong with that! Oh yeah hes english and wasnt giving the US any masses of taxes!.

[Saracen]

To be fair, he didn't actually do anything wrong.....

That's a matter of opinion, and ultimately, for a court to decide. But based on reports I've read, I disagree. It looks to me like he knew exactly what he was doing, and thought that either no action would be taken, or that if it was, he was immune from action by the US courts. It looks like he was wrong on both points.

Of course, it remains to be seen if the extradition actually takes place, and if it does, whether he's convicted in a US court.

Do you think O’Dwyer deserves to be extradited and convicted?

Again, based on the reports I've read, yes to both.

[Saracen]

agreed shaithis... its stupid, the fact is he worked like a search engine so .....

Not according to the judge that authorised the extradition. He was exercising "too much control" over the links for that. And making a lot of money from the site in the process. Google he ain't.

[shaithis]

He still did not host any illegal content.....merely links to them.

Seems they want to constantly move "the line"......wonder how long before it's illegal to report news like this? After all, your potentially profiting from someone who is "breaking the law"...

[BobF64]

Not according to the judge that authorised the extradition. He was exercising "too much control" over the links for that. And making a lot of money from the site in the process. Google he ain't.

Yes, thats the key, and vital, difference between generic, as in a search engine, and specific, as in say Pirate Bay.

In the same way that Google wouldnt get in trouble for people being able to find books on "how to be a terrorist" but someone running a website that specifically linked to such material probably would, more so if they also profited from the website.

[Smudger]

I don't understand why he's being extradited? Are his servers based in the US? Is his site hosted in the US? If not, he's committed his 'crime' on UK soil and should be subject to UK law.

[Hicks12]

Not according to the judge that authorised the extradition. He was exercising "too much control" over the links for that. And making a lot of money from the site in the process. Google he ain't.

I see your point with the linking, didnt think of it that way but im hoping he doesnt get sentenced to much... thinking about it though 15k is alot... what was he doing with all that i wonder!.

[shaithis]

Yes, thats the key, and vital, difference between generic, as in a search engine, and specific, as in say Pirate Bay.

In the same way that Google wouldnt get in trouble for people being able to find books on "how to be a terrorist" but someone running a website that specifically linked to such material probably would, more so if they also profited from the website.

So it's ok for one to host the link but not the other?

Wow, there's justice for you!

[Molotov]

Not according to the judge that authorised the extradition. He was exercising "too much control" over the links for that. And making a lot of money from the site in the process. Google he ain't.

I see your point with the linking, didnt think of it that way but im hoping he doesnt get sentenced to much... thinking about it though 15k is alot... what was he doing with all that i wonder!.

saving to pay for an extortionate masters probably ...

[crossy]

The US government has been trying to extradite O’Dwyer to stand trial in the US under an Extradition Act set up by Labour that was specifically designed for acts of terrorism. Under British Law, O’ Dwyer’s actions are not illegal as his websites did not host copyrighted material. In the US, however, he could face years behind bars.

So presumably the US now has a offence of "commercial terrorism" on the statue books?

Personally I think what he was doing was criminal - certainly he was profiting from the abuse of copyrighted material to the tune of approximately half a million dollars. However, to extradite him under provisions designed for threats to life is neither proportionate nor warranted. I would suggest that since the offences were committed by a UK national, presumably in the UK, then it's UK copyright law that applies, and it's in an English court that he should be tried.

I would have thought that recovery of some/all of his "profits of crime" should be carried out and since he's been operating his illegal (by US laws) operation for four years that four years in an English jail has a certain symmetry.

Always makes me angry when the issue of UK citizens being shipped off to the US for "justice" comes up - especially when we have some senator/congressman come on the screen to say how poor the UK justice system is. And don't get me started on how extradition seems to be a one-way street, always UK->US.

[Arthran]

I don't understand why he's being extradited? Are his servers based in the US? Is his site hosted in the US? If not, he's committed his 'crime' on UK soil and should be subject to UK law.

Because linking to copywrited material like he has isnt illegal here. It is on the other hand Illegal in the US, so we do what our masters tell us and send him over...

[Biscuit]

I think they are right to prosecute him for what he did, but its so very wrong to extradite him to the US.
The extradition law was set up for terrorism but its now being used for copy-write issues? Have Hexus got the wrong end of the stick here or is this true?
Personally i think its a terrifying prospect if such a thing is true.

[shaithis]

Not only that but the law is not equal.

The US only have to show the merest hint that someone is guilty and we have to extradite them but the other way around we have practically got to ensure the persons guilt before the US will comply.

[Terbinator]

I think they are right to prosecute him for what he did, but its so very wrong to extradite him to the US.
The extradition law was set up for terrorism but its now being used for copy-write issues? Have Hexus got the wrong end of the stick here or is this true?
Personally i think its a terrifying prospect if such a thing is true.

Probably true. Thinking of the US specifically, have you not read over the "PATRIOT" Act?