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US Can Extradite UK Student For Copyright Infringement, Despite Site Being Legal In The UK

Posted by BernardSwiss on · 116 comments
TechDirt; By Mike Masnick
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Want to understand just how insane things may get under SOPA/PIPA? Just take a look at what's already happening under today's laws. Back in 2010, one of the first websites that Homeland Security's ICE (Immigrations & Customs Enforcement) group seized was TVShack.net. TVShack was a site that collected links to TV shows. Certainly, many of those shows were likely to be infringing -- but TVShack did not host the content at all, it merely linked to it. Richard O'Dwyer, the guy who ran the site, was a student building an interesting project over in the UK. However, the US Department of Justice decided that he was not only a hardened criminal, but one who needed to be tried on US soil. Thus, it began extradition procedures. Even worse, nearly identical sites in the UK had already been found legal multiple times -- with the court noting that having links to some infringing content was certainly not criminal copyright infringement. That makes things even more ridiculous, because extradition is only supposed to be allowed for activities that are criminal in both the US and the UK.

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Comments (116)

96 earlier comments in the full thread.

@JaseP --

I said nothing of the sort, but...

It is not the sort of brazen grab (with murder and acclamation) that took place in Nazi Germany, specifically because the US is not Nazi Germany. It might venture a little in that direction on occasion, and venture a little away on occasion, but...the difference matters. A lot.
Quoting:So you swap labels around, and instead of it being, "party member," it's "corporate share holder." Instead of it being ***insert minority description here***, it's "pirate" or "copyright infringer." But it's the same thing,... It's just harder to spot the bad guys, because they don't wear uniforms.


I don't see the prosecution of criminals as the same as denial of civil rights, sorry. Like I said earlier, the pirates are thieves. I'm all for prosecuting them to the fullest extent of the law as it exists today. Oh, and yes, that includes MegaUpload. By your definition, JaseP, that makes me a Nazi. Nice.
The problem with calling people pirates, is that definition, as used, especially by the Media companies, is way too wide. See http://www.internetevolution.com/author.asp?section_id=1047&...

In another thread, a Pom is being called a Pirate and a Criminal, and stands a chance of being deportred to the US to face criminal charges, why? because he had links to sites that might actually have been participating in Copyright infringement.

The danger is not that reasonable, possibly even good, laws are being used to prosecute alleged Copyright infringers, but that potentially bad laws might get passed, all in the name of stopping something that can already be prosecuted with existing laws. In the name of protecting a special interest group and that group's income.

The road to hell, it is said, is paved with good intentions. However I doubt that these special interest groups are actually proposing these laws with the best of intentions, i also doubt that the legislators who are supporting them are doing so with the best of intentions either.
"In another thread"?
sorry gus, this thread. been going so long I thought i was another thread.
@caitlyn:

Am I calling you a Nazi?!?! Nothing of the kind... But the Nazis duped a lot of people,... And it looks like the xxAA has you duped. Maybe MegaUpload deserves to be in court,... But CRIMINAL court,?!?! For a graphic designer from the former Chech Republic?!?! K'mon!!!! The DoJ & their FBI lapdogs are running everyone up the flag pole that they can get their hands on... MegaUpload may be in severe violation of copyright on many media titles, and may cater to the pirate set. But to prosecute minor corporate officials for an offense directed by the corporate leadership is offensive to the principles of Justice!!! Corporations exist to provide insulation to the individuals associated with it. To pierce to corporate veil, the state needs to have more than just violations... I just don't see that on every level of who was indicted. And don't even get me started with the concept of having the DoJ being the strong arm behind what is essentially a private cause of action... Does the used car industry use the state to enforce auto loans at a criminal level?!?!

And don't assume that this "media pirate" label will be left at those (despicable types) who pirate movies & songs... It will quickly be applied to those who offer up codecs for interoperability, for those who ship an OS that has features they managed to patent that have been in operating systems from time immemorial. Mark my words. The war is coming. Don't be an unwitting sympathizer.

I suspect I would also be in the firing line for making an app that makes bypassing geoblocks easy, just another tickmark in my seriously consider going back to my home country column.

Im not a criminal or pirate but i'm feeling increasingly uneasy living in this country as oppression seems to be the name of the game here.
Koriel wrote:Im not a criminal or pirate but i'm feeling increasingly uneasy living in this country as oppression seems to be the name of the game here.


I wonder how Canada would compare. Vancouver's looking like a really nice place to move to. Lots of tech jobs, strong movie/TV industry that makes much better stuff than Hollywood, great climate, and friendly people unlike most of the Ugly Americans south of the border.
Oh don't get me wrong I have nothing against Americans, just their so called democracy which really isn't and that most of them don't even realise it, im not sure why they even bother voting it doesn't actually seem to change anything probably because the corporations are running the show or maybe im just too cynical.

Not that my country is much better but our justice system and the European commission and courts manage to reign in the worst excesses of our governments and is one of my major worries about the efforts in my home country to try and leave Europe as once that brake is gone im not sure the justice system on its own could hold these idiot politicians back.

I'm married to an American but I would feel a lot safer back in my home country and I now understand why a lot of European software developers won't even set foot in this country which I originally thought was daft but now i've been living here for quite some time, that viewpoint is now perfectly understandable.
Canada appears to be following the American example. The current "administration" appears to even be enthusiastic about this, restrained primarily by the necessity of moving slowly enough to not raise coordinated opposition.

Canada is, for example, the only G20 country to have not extracted its incarcerated nationals from Guantanamo -- despite the highly dubious case against the under-aged, alleged "illegal combatant" would have qualified as a "child-soldier" in any other case.
You mean that Canada is a sovereign country in its own right?!?! I thought it was just a sovereign US territory to the North of the continental US... Or maybe it just plays one on TV...

@JaseP --

Canadians are crafty and clever folk, despite their love for chasing big round hunks of stone down the ice with a broom.

The reality is that there has not been an actual United States of America since the War of 1812, during which repeated efforts to invade Canada were repulsed. Eventually, those wily northern foxes seized control of the United States without telling anyone -- preferring to let the United States play public "bad cop" to their charming Canadian ways.

They get the best the United States has to offer, we get the "export" versions of Canadian beer. They get Barbra Streisand, Bonnie Raitt, and Aretha. We get Celine Dion.

It's nefarious, eh?

Well, it's been a couple hundred years, so...

Let's try again!
No gus...let's don't. No one deserves Celine Dion. Some transgressions are unforgivable.
@Dino...

So that's why Canadians call Canadian Bacon, "back-bacon," but Americans don't call American cheese, "back-cheese?" All a plot to undermine us from up above us?!?!
> We get Celine Dion.

Well, we also got Anne Murray. I guess that counts for something.
Maybe I am late to the party!

I invoke Godwin's Law....
Does Godwin's law have a Canadian corollary???
@JaseP --

Yes, but the result requires that you drink some 50 and do a little curling.
Curling >>> Spinning Dino

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