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  1. #1
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    harrybarracuda's Avatar
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    US Copyright Nazis go over the top - again

    LONDON (Reuters) - A British student will learn on Friday whether he is to be extradited to the United States for breaching U.S. copyright law by running a website that allowed users to access films and TV programmes illegally, in the first case of its kind.
    Richard O'Dwyer's website, TV Shack, provided links to other websites where users could access content but did not host any of the content itself.
    The 23-year-old, who says he started the project to improve his computer programming skills and help him get a work placement, did not charge users but sold $230,000 worth of advertising on the site, according to the U.S. authorities.
    "I was forced to set up advertising because of the massive server fees," O'Dwyer told BBC radio ahead of the ruling in a London court.
    "When you've got a website with over 300,000 people a month visiting, there's a need for infrastructure to support that. There's no other way to do it, unless you had the money yourself," he said.
    The United States has cracked down far harder than Britain on illegal file-sharing, which has damaged the film, television and music industries.
    O'Dwyer's lawyer Ben Cooper argues that the student's activities would not be criminal in Britain, and that he should be tried at home if anywhere.
    "There have been lots of very similar cases here which simply haven't stood up," Cooper, an extradition lawyer with Doughty Street Chambers, told Reuters by telephone.
    "My argument is that it wouldn't be a criminal case here. At most, it would be a civil matter," he said. He described O'Dwyer as a "guinea pig" as no British citizen had been extradited to the United States for a copyright offence before.
    (Reporting by Georgina Prodhan; Editing by Andrew Heavens)

  2. #2
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    Bettyboo's Avatar
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    Don't let the American fukers get a foothold!

    I hope the UK courts tell them to fuk off, but...

  3. #3
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    Come on now, the UK won't send know terrorist to the US because of harsh prisons, or self confessed murders and tortures back, as they may not be treated well. Jim

  4. #4
    Dan
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    The British-US extradition arrangements are an outrage. If you're British and do something in Britain which is legal there but illegal in America, the Americans can extradite you and the courts only require minimal evidence to permit the extradition. Of course, there's no reciprocal arrangement to cover American's breaking British laws in America. That would be crazy.

  5. #5
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    His bid against extradition has been rejected, but he has the right to appeal.

  6. #6
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    Quote Originally Posted by harrybarracuda
    United States has cracked down far harder than Britain on illegal file-sharing, which has damaged the film, television and music industries
    Probably because they have a far larger entertainment industry. Shame most of it's pap.

  7. #7
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    It's about time the rest of the world told those stupid fuckers to go fuck themselves.

  8. #8
    Member watdog's Avatar
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    the uk will roll like a wiener dog.

    watch.

  9. #9
    ding ding ding
    Spin's Avatar
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    Great way to watch sport online, or it was, until:

    This domain name has been seized by ICE - Homeland Security Investigations

    Oh but wait:

    ROJADIRECTA

  10. #10
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    interestingly, the uk have just refused a turkish request to extradite the duchess of york


    Duchess of York evades extradition over TV row

    The Home Office has refused a request from Turkey to extradite Sarah, Duchess of York after she was charged with criminal offences relating to an undercover documentary about orphanages.

    Turkish prosecutors made a formal request to the Home Office on Thursday to help them gather evidence against the Duchess after she and an ITV1 crew filmed children in a state-run orphanage near Ankara.

    Turkey’s chief prosecutor charged the Duchess in her absence with “violating the privacy” of five children, an offence which carries a prison sentence of up to 22 and a half years.


    But a spokesman for the Home Office told The Daily Telegraph that no assistance would be given to the Turkish authorities because the Duchess’s actions in exposing poor conditions at the orphanage did not constitute a crime in the UK.


    “Under UK extradition law a judge must order the discharge of [an extradition request] if it is not an offence under UK law and in the country requesting extradition,” said the spokesman. “In this case there is no offence in UK law so there will be no extradition.”


    While the Home Office’s refusal to help Turkey is good news for the 52-year-old Duchess, she would still face arrest if she ever went back to Turkey.


    By Gordon Rayner, Chief Reporter

    7:00PM GMT 13 Jan 2012 daily telegraph

  11. #11
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    ^ good spot.

    Fukin sick of being the Yankie dog...

  12. #12
    euston has flown

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    Quote Originally Posted by Dan View Post
    The British-US extradition arrangements are an outrage. If you're British and do something in Britain which is legal there but illegal in America, the Americans can extradite you and the courts only require minimal evidence to permit the extradition. Of course, there's no reciprocal arrangement to cover American's breaking British laws in America. That would be crazy.
    The lack reciprocally is what we have given the americans , they are unable to provide in return because it would break their constitution and then I believe they are still have not got round to ratifying the agreement at their end.

    It is simply a rather in your face example of what the 'special relationship' with the US means to britan.... This is beyond being the US's poodle.... we are their anal GIMP.


  13. #13
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    I'm going to download 3 blockbuster films now just to show my support for this guy.

  14. #14
    Molecular Mixup
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    i downloaded some today too
    while i was sat in a wetherspoons pub in uk
    fucking fast download speeds,
    don't really want to watch them though ; i just did it to
    ''improve my computer programming skills and help me get a work placement''

  15. #15
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    India is going to put some Web businesses on trial for violating their obscenity laws- just small crews, like yahoo and google. Wonder what the US response would be if India asked for their top executives to be extradited?

  16. #16
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    So I read in an English paper this young man was making upwards of 15000 English pounds a month? This true?

    Now as much as I like free stuff. Is he not in fact stealing? So as the years pass and everyone steals movies and TV show? Who pays for the new ones? Just asking.

    And yes the Americn's are a legal pain in the arse.

  17. #17
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    ^It's a good question re the financing side of things. It's very very rare to be able to get a good copy of something before it has been through the cinema. I'm assuming that's where these things produce the largest portion of their revenue streams - Cinema release, product placement and merchandising.

    I'd be interested to know some real figures on it.

  18. #18
    FarangRed
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    Student faces 10 years in U.S.

    Abandoned by British justice: Student faces 10 years in U.S. jail for setting up 'illegal' website (in a chilling echo of Gary McKinnon)



    A British student faces up to a decade in a U.S. prison for actions which are not even a crime in the UK.


    Campaigners say Richard O’Dwyer, 23, is being abandoned by his country in the same way as computer hacker Gary McKinnon.


    Mr O’Dwyer is accused of listing places where films and TV programmes could be illegally downloaded, on a website he ran from his university bedroom in Sheffield.
    Scroll down for video


    'Guinea pig': Richard O'Dwyer arrives with his mother Julia at Westminster Magistrates' Court in London today



    Legal experts say this is not an offence under British law, and he did not download any of the entertainment himself.



    Yet the ‘quiet and vulnerable’ son of a GP could spend ten years in a high-security American jail after he lost his fight against extradition yesterday.
    The case has chilling similarities with the attempt by the U.S. to extradite Asperger’s sufferer Mr McKinnon, who hacked into Pentagon computers from his north London bedroom.



    Instead of putting the men on trial in the country where their alleged offences took place, the British legal system is permitting them to be bundled on a plane to America.


    Mr O’Dwyer’s mother Julia, a paediatric nurse from Chesterfield, wept outside Westminster magistrates’ court after a judge ruled there was no legal bar to sending her son for trial.



    Dangerous ground: O'Dwyer, 23, could become the first Briton to be extradited to the U.S. for this kind of offence



    She said the ‘rotten’ U.S./UK extradition treaty needed ‘fixing fast’ and warned: ‘If they can come for Richard they can come for anyone.’


    Her husband Dr Peter O’Dwyer said his son was ‘quiet, introverted and vulnerable’.


    The retired family doctor said he feared the ordeal of being sent to the U.S. could damage his son’s emotional health.


    The couple say Mr O’Dwyer, who is studying software programming at Sheffield Hallam university, is being used as a ‘guinea pig’ as no one has ever been extradited on similar charges.


    The U.S. Immigration and Customs Enforcement agency wants to prosecute him on two counts of breaching copyright, each carrying a maximum five-year sentence.



    The court heard that his website, TVShack.net, was earning £15,000 a month from advertising revenue.

    Mr O’Dwyer was arrested in November 2010 when police and U.S. officials turned up at his hall of residence. He pulled the plug on the site immediately.


    His lawyer Ben Cooper argued that it did not store copyright material itself and merely pointed users to other sites, in the same way that Google and Yahoo operate.


    But District Judge Quentin Purdy said the extradition could go ahead, saying there were ‘said to be direct consequences of criminal activity by Richard O’Dwyer in the U.S. albeit by him never leaving the North of England’.


    Mrs May is currently considering a review into the extradition laws by retired judge Sir Scott Baker. She is also examining new medical evidence that Mr McKinnon should remain in Britain.


    His mother, Janis Sharp, told the Mail: ‘It breaks my heart to see British judges destroying the lives of yet another British family by essentially betraying their own citizens.


    ‘Extradition was meant to bring murderers and terrorists back to the country where they had committed a heinous crime. It was never meant to be used for cases such as Richard O’Dwyer or my son who were in the UK at all times.’

    Julia O’Dwyer added that the treaty had ‘opened the floodgates to America to come and seize British citizens without even having set foot out of this country.


    ‘David Cameron and Nick Clegg both promised to sort out the extradition mess before the election. They need to pull their fingers out.


    ‘There are no safeguards here for British citizens. I am disgusted at the court’s decision. How can the U.S. government be allowed to ruin a young student’s life when similar cases brought in English courts show that what they allege is not illegal here?’
    The huge controversy over yesterday’s verdict will heighten demands for the UK’s extradition laws to be changed.
    MPs have demanded that the Government should insist a person must normally be tried in the country where the offence took place.
    They also want urgent reform to the lopsided 2003 Extradition Act – which gives far greater protection to Americans than it does to their British counterparts.


    The U.S. requires ‘sufficient evidence to establish probable cause’ before agreeing to extradite anyone to the UK, while Britons going in the opposite direction are not afforded the same protection.
    Online phenomenon: The U.S. claims that O'Dwyer has earned £147,000 in advertising revenue since January 2008



    Since 2004, 29 UK nationals or dual nationals have been extradited from Britain to the U.S. Only five Americans were extradited from the U.S. to Britain.
    The U.S. Embassy has been fiercely resisting any change.



    But, in December, a debate calling for action was unanimously passed by MPs at Westminster. They are backed by the Mail’s Affront to Justice campaign, which calls for Mr McKinnon to be tried in the UK.


    Tory MP Dominic Raab, who led the campaign for a vote in Parliament on Britain’s extradition arrangements, said the O’Dwyer case ‘makes a mockery of British justice’.


    He added: ‘A young student accused of internet offenses that are not even crimes in Britain is being treated like a mafia boss.’


    Keith Vaz, chairman of the Home Affairs Select Committee, said: ‘This climate of uncertainty should not be allowed to persist and I hope the Home Secretary will act soon to clarify the Government’s position on extradition.’

  19. #19
    FarangRed
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    Gary McKinnon is facing up to 60 years in a U.S. prison on charges of hacking into computer networks at the Pentagon.

    The autistic computer buff, who admits hacking into the U.S. defence network and Nasa in search of evidence of 'little green men', has been battling extradition for over nine years.

    He was indicted by an American court in November 2002, accused of penetrating over 90 U.S. military computer systems from the bedroom of his north London flat.


    Since then Mr McKinnon (pictured above with his mother, Janis Sharp) has been the subject of an intense extradition battle and campaign after his case highlighted the unfairness of the 2003 treaty.

    Last month a Commons motion calling for 'urgent reform' of the extradition treaty that could see Mr McKinnon handed over to U.S. authorities was passed uncontested.

    Supporters of Mr McKinnon, who has Asperger's syndrome, include London Mayor Boris Johnson, celebrities and civil liberties groups. They say he is too vulnerable for extradition and should be put on trial in the UK for his alleged crimes.

    Last week, one of the NatWest Three bankers, Gary Mulgrew, who spent two years in a U.S. penitentiary, said Mr McKinnon faces an ordeal of terrifying brutality if he jailed there.


  20. #20
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    This is completely fucked. The sway of the MPAA goes deep. The are lining plenty of politicians pockets. Welcome to the fucked up world of political influence in America.

  21. #21
    Pedantic bastard
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    At some point the British government will have to learn that the "special relationship" between UK and USA does NOT mean that Uk can be repeatedly fucked up the arse without lube.

  22. #22
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    I wonder what these same judges would say if Thailand requested some extraditions to face charges of LM ?

  23. #23
    Dan
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    ^ They'd tell Thailand to fuck off but the law for American extraditions is different.

  24. #24
    euston has flown

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    Quote Originally Posted by nidhogg View Post
    At some point the British government will have to learn that the "special relationship" between UK and USA does NOT mean that Uk can be repeatedly fucked up the arse without lube.
    I suppose this is the problem with having a parliament full of ex public school boys... They probably enjoy it all the more without the lube.

  25. #25
    I am in Jail

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    Quote Originally Posted by sabang View Post
    India is going to put some Web businesses on trial for violating their obscenity laws- just small crews, like yahoo and google. Wonder what the US response would be if India asked for their top executives to be extradited?
    India is a shithole and I can give certificate for that on paper with stamp. Sad they did not do population control like China.

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