UK Court rules TVShack's student founder can be extradited to US

Discussion in 'User Submitted News' started by xist, Jan 13, 2012.

  1. xist
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    Member xist ΚΑΤΑ ΤΟΝ ΔΑΙΜΟΝΑ ΕΑΥΤΟΥ

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    US customs agents seek to prosecute Richard O'Dwyer over TVShack, which linked to sites carrying pirated shows and films

    http://www.guardian.co.uk/law/2012/jan/13/tvshack-student-founder-extradition?newsfeed=true

    Or how to be a toothless British government....looks like this guy will probably get hit with a sledgehammer sentence purely because it'll pave the way for further takedowns.
     
  2. SparkFenix

    Member SparkFenix GBAtemp Fan

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    So almost every site on the internet is now linked to the US?
    So gbatemp is as well huh.
     
  3. xist
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    Member xist ΚΑΤΑ ΤΟΝ ΔΑΙΜΟΝΑ ΕΑΥΤΟΥ

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    If GBAtemp linked to illegal materials, then yes, Costello could theoretically get extradited if the story unfolds as it seems it will. Whilst this site doesn't link to things which are illegal, certain people may believe it actually does.
     
  4. prowler

    Member prowler Sony

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    Quoting the article because people don't read
    Get moving GBAtemp!
     
  5. raulpica

    Supervisor raulpica With your drill, thrust to the sky!

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    I do say we go for http:\\gba.temp
     
    3 people like this.
  6. Jamstruth

    Member Jamstruth Secondary Feline Anthropomorph

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    This guy has no defence for his copyright problems in my opinion. The entire site was dedicated to serving copyrighted materials for free even if he never hosted the material himself.
    That said I think he should have been tried in the UK by the UK arms of these companies NOT extradited to the US. The offence was made by our citizen and based here. Here is where they should be tried.
     
  7. xist
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    Member xist ΚΑΤΑ ΤΟΝ ΔΑΙΜΟΝΑ ΕΑΥΤΟΥ

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    He didn't break any UK laws though, which would make the US side of the legal system slightly dissatisfied. Hence the extradition.
     
  8. Ace

    Member Ace GBATemp's Patrick Bateman

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    I'm hoping he keeps getting tried here. They let the PB founders stay in Sweden for their entire trial, why shouldn't this guy have the same treatment?
     
  9. SifJar

    Member SifJar Not a pirate

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    To be fair, he was most likely violating the copyrights of US companies (who'd want to pirate UK TV? :P ), so I guess it makes sense he goes to the US to get tried.
     
  10. tvoretz

    Newcomer tvoretz Advanced Member

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    ....90% of the TV I watch is pirated UK TV.
     
  11. SifJar

    Member SifJar Not a pirate

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    Really? I can only think of four or five UK shows even worth watching. Guess it appeals more to Americans than to us :P
     
  12. Foxi4

    Reporter Foxi4 On the hunt...

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    Not entirely true. Everything depends on individual extradiction threaties between countries. The ambiguity of laws connected to the Internet can be used both for and againts someone. Look at the case of a certain Bay full of Corsairs - they've been in-and-out of courts on a weekly basis for the last... what, 6 years? 7?

    One can interpret it that the "law was broken and that he has to be extradited", others may say "law was broken, but only in the UK", even others that "It was broken wherever the server was situated, because that's were the links physically were". This guy needs a better attorney.
     
  13. xist
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    Member xist ΚΑΤΑ ΤΟΝ ΔΑΙΜΟΝΑ ΕΑΥΤΟΥ

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    The British Government has actually been involved....and comparisons of extradition orders between the UK and US made. The real issue for the student himself is that he's not broken UK law but apparently he has broken US law. How can his legal team prevent a Government decision to accede to extradition because UK and US legal exchanges are generally approved?

    This guy has provided a forum and access to links to material covered by US Copyright. It seems that's got a global cover so wherever you go you can't escape if these extradition laws hold. True O'Dwyer seems to be a bit unlucky in this instance, but i'd think that he's liable to get some form of punishment to set a precedent for future cases.
     
  14. ferofax

    Member ferofax End of the World

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    the Dual Liability argument would probably kick in.

    and besides, gbatemp may not be linking or hosting copyrighted material, but this is a forum that fosters homebrew, which companies like to see as "piracy". that's more than reason enough for them to take it down and prosecute everybody they can, if you give them the nudge this way.

    in the US, people have been prosecuted and tried for the most ridiculous and makes-no-sense reasons. once they extradite you, all of their stupid laws apply to you. your only protection is if your government chooses to protect you from them. it's like this: i'd rather have my dad slap me than somebody else's dad.
     
  15. xist
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    Member xist ΚΑΤΑ ΤΟΝ ΔΑΙΜΟΝΑ ΕΑΥΤΟΥ

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    I expect that taking the Dual Liability route would be a prosecution nightmare that would bog things down indefinitely...the US Prosecution would most probably just want to hit the site owner with everything they have since they already have him, and tracking down every single person who used the site would prove somewhat challenging.
     
  16. Foxi4

    Reporter Foxi4 On the hunt...

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    Quite easily, actually. He cannot be tried in the U.S for the simple reason that he's never been to the U.S physically and could never break any of the U.S laws, because as the people who wrote the extradiction papers may or may not know, the U.K is not a state in the U.S and as a civilian he is in no way bound by U.S law, DMCA or any other Copyright Laws that may be present in the U.S. The U.K's being a little bi*ch and allows the U.S to bum-f*ck it.

    The availability of the website has nothing to do with liability - the U.S government did nothing to prevent access to the site or to inform the admin that he is infact in breach of certain laws. On the same basis you could trial me if I throw some garbage into the sea and the very same garbage miraculously ends up on the U.S sea coast. Do send me a fine, I am in need of fresh toilet roll.
     
  17. xist
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    Member xist ΚΑΤΑ ΤΟΝ ΔΑΙΜΟΝΑ ΕΑΥΤΟΥ

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    However if the US sent an extradition order to your Government, and they said "OK we'll send him over", then you're screwed. Which is what appears to be happening here...the UK Government is lying down and letting the little guy get slaughtered to protect the US-UK "Special" relationship...hur-hur-hurrrrrrrrrrrrr....
     

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