US Trying To Extradite UK TVShack Admin Over Questionable Copyright Charges?
from the copyright-gone-mad dept
In the latest example of US copyright interests gone mad, there are reports that there's an attempt to extradite the admin of TVShack from the UK to the US to face criminal copyright infringement charges. This is ridiculous on all sorts of levels. First, TVShack.net was one of the very first domains seized a year ago. TVShack did not host any content and was merely a linking site, which raised questions (as with other seizures) about whether or not it actually violated US copyright law. Also, TVShack has gone through a few different versions and (potentially) owners/admins. However, one of the admins, Richard O'Dwyer, a computer science student, was recently arrested. It's not clear if anyone even knows which instance of TVShack he's accused of running.Where this becomes really troubling is that other, very similar sites have been found legal in the UK multiple times. Running a site that users use to put up links and which doesn't host any actual content, is not seen as illegal in the UK. So it seems particularly ridiculous that there's some sort of attempt to extradite the guy to the US to face charges here. As some have pointed out it appears to be "an attempt to make US federal laws applicable in the UK."
Unfortunately, the details of the extradition request are a bit muddled in all of the UK papers reporting on it. Lots of them are comparing the situation to the famous Gary McKinnon situation, but I think this is clearly different. This just seems blatantly vindictive for no good reason.
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Seems like this is going to be more great PR for RIAA and the MPAA.
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It's censorship.
Fact remains that if you're looking at this with the words of Dan Glickman in mind (ie "making piracy as difficult as possible"), you see that they're targeting admins to try to make life hell for those that just want to run a site.
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That implies they knew what they were doing in the first place.
Face it, they were listening to the MPAA and RIAA about copyright infringement. How is that ever a good idea?
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If this one case "works", then they start doing the same for tons more sites, effectively killing the local laws. Then they move on to another country. It's all part of their lobbying program with other nations as well.
It's simply the next step in their "We will rule you" agenda. Obviously we missed the memo that every gov employee got to step it up.
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Re: Costing The US Taxpayer
Now, at the behest of a tiny industry of no economic importance, the US government is attempting to ramp up another whole system of repression to try to stamp out file sharing. Good move, guys, take on your whole teenage and young adult population, so you can suck up to a tiny bunch of thugs who are cultural vandals. It would be interesting to work out the total cost to the US taxpayer of all this madness, in a year, then compare it to the total profits of the industry, for the same period.
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Re: Re: Costing The US Taxpayer
For your information, YES. It has allowed the law enforcement and prison industries to grow in ways that would have most likely been impossible without it.
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It's even worse than that. It's an attempt to make up US law and make the made up law apply in the UK.
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For example - the works of James Joyce will become public domain next year in ireland - could i be treated as a criminal and be extradited to the US for trial for hosting it when it does? That's insane.
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Of course. U.S. law trumps all other.
That's insane.
It's up to Ireland to keep their laws up to date with the U.S. If they are negligent and don't, then that's what happens.
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"If you can heal the symptoms, but not affect the cause.
It's quite a lot like trying to heal a gunshot wound with gauze.
If you instead attempt to rest the pistol from the hand, I would not be able to equate my life with sand."
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Apparently that is too time consuming and costly. In typical business as usual fashion, the shortest route to profit is pursued.
..... Nothing personal, it's just business.
It doesn't matter how vehemently they deny it, Business Ethics is an oxymoron.
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> the people who are actually uploading or hosting
Why? Because it is always Always ALWAYS easier to go after an innocent party.
That's because an innocent party is not trying to hide.
Get mugged next to a building, it's the building owner's fault! Facilitators and Enablers!
Get robbed on a bus? It's the bus company's fault! Facilitators and Enablers!
Find a link to infringing content using Google? It's Google's fault! They are building their business on infringement! Facilitators and Enablers! Don't go after the people who put up the infringing content (clue: which is not necessarily the site that hosts it). That would prevent you from shaking down others such as Yahoo, Bing or others. (Sort of like mass infringement shakedown letters.)
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I think the real laughing was probably going on as they wrote them.
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> "serve no other legitimate commercial purpose
Those are what we in the lawyering business call weasel words. They're specifically designed to be as vague and as open to interpretation as possible to enable situations where you don't know what they *actually* mean until you're in cuffs facing a judge or staring down the barrel of a multi-million dollar lawsuit.
In other words, "dedicated to infringing activities" means what the prosecutor wants it to mean and the government gets to decide it, a case-by-case basis, so as to provide no bright line standard against which people can judge their conduct or to which the government can be held accountable.
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> useful definition, or even offer one here.
> Or better still, why don't you agree to
> represent this poor innocent youth pro bono
> after he's extradited to the US?
Or even better yet, why don't I just do what I can to oppose my government becoming the personal enforcement arm of the entertainment industry and greasing up and bending over for their every whim?
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Oh! You mean the government gets grease! I know I sure haven't got any.
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The kid has his own lawyers, who are actually licensed to practice in the UK. I can't personally intervene in every injustice on the planet. Doesn't mean I shouldn't object to them when I see them happening.
You seem to be of the opinion that unless someone is ready to drop everything and hop on a flight to Britain and personally take up this guy's cause, they shouldn't say anything about it.
Nonsense.
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[citation needed]
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1) If you download a film, your life and that of your antedecents and descendents are forfeit;
2) If you download a song, your testicles/ovaries are forfeit;
3) If you defraud the government, you get a raise and more ways to defraud the government.
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"If I remember correctly, ..."
"I think ..."
"It would seem ..."
Yep, real solid evidence there, troll.
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Try google.
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"Google." Google. N.p., n.d. Web. 16 June 2011. .
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Right. And if the site was aimed at the US, the site's operator would be opening himself up to jurisdiction in the US. This is nothing new. It matters not if it's legal where he resides. You can't just hide in another country and intentionally break US law and get away with it. The feds are clearly sending a message to would-be infringers who think otherwise.
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Even if it were a real law, the assertion is debatable.
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Once you start down the "you broke a law in my country even though you were in your country" then all laws boil down to those of the nastiest dictatorship/theocracy.
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In which case Saudi forces may have to conduct a raid to get you. Wait, do the Saudis do that kind of thing or is it only the U.S.?
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There, I'm now liable for libel in the UK (where we obviously DO have an extradition treaty...)
Now what?
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How do you "aim" a website? A steady hand?
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You plug your webcam in backwards and look through it.
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> operator would be opening himself up to
> jurisdiction in the US
You apparently have absolutely no understanding whatsoever of the law of jurisdiction if you believe that "aiming a web site at the US" somehow gives the US government jurisdiction over you.
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> operator would be opening himself up to
> jurisdiction in the US
You apparently have absolutely no understanding whatsoever of the law of jurisdiction if you believe that "aiming a web site at the US" somehow gives the US government jurisdiction over you.
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>> away with it.
Really? Then explain to me how SlySoft and FengTao Software manage to sell DVD and Blu-ray ripping software to US customers, which would be a violation of the DMCA, with no repercussions.
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I don't think anybody was claiming that the links were random. Why would you make up something like that?
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i disagree with you on that last statement. The US government is doing this in a "last-ditch-effort" to be seen as the power of the planet. With companies leaving the US in droves the US is not taken very seriously anymore. So this attempt to have him extradicted is trying to show that they are still serious about things in the US......such as showing they no longer stand for what it preaches. but thats just my opinion.
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Kinda sad if you think about it, becoming a country whose politicians do anything to support the monopolies and incumbents is leading to this countries failure.
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What's good for the goose
As a US citizen, I hope it works both ways.
After all, if my government is doing it, it must be a good thing.
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Re: What's good for the goose
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So no, not an inconsistent opinion at all, even if you do try to conflate the two branches under the term "jurisprudence". Nice try, though.
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In the Righthaven case, we were lauding a judge, not the whole judicial branch.
In this case, we're berating the DoJ, who are trying to force our laws outside of our sovereignty.
Now, how are you so able to confuse the two of these? How are we 'blockheads' when you're the one that's trying to muddy the issue?
Little troll, please take your drool and go home?
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[citation needed]
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Tough luck that nobody cares what you think.
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For those of us who passed 'How to Argue 101', please provide a reason as to why you feel this way.
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Source: http://www.thestar.co.uk/news/local/sheffield_student_faces_jail_in_america_over_movie_clips_on_webs ite_1_3479234
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> every person that comes in contact with the
> internet is potentially legally responsible for
> knowing and abiding by the laws of every country
> of the world simultaneously in both action and
> intent. In short, it's unacceptable.
Not only that, it would quickly lead to a situation where the internet and the people of the world are only as free as the most oppressive country on earth's law allows.
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That's the whole idea.
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It can't be ruled out given the pace USA is turning to a police state.
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Jurisdiction
Now here we have a clearcut case of the US attempting to impose criminal liability on a man for doing something perfectly legal in his own country, but which nevertheless is counter to US law. The very act of attempting to extradite and charge him means that the US believes its laws apply to every person on earth.
Which is total bullshit.
And how long before other countries start trying to do the same to American citizens? Can Iran extradite a US citizen for "disrespecting Islam" or a woman for appearing on the internet "immodestly" sans burqa? Can China make the case that Americans who exercise free speech on the internet are violating Chinese law and therefore should be turned over for trial?
If not, why not? If we can do it, why can't they?
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Re: Jurisdiction
Might makes right. America has invested in building the worlds strongest military for a reason. When some other country builds a bigger one, then they can be top dog. But, for now, it's America and America rules the world. So piss off, comrade.
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Re: Jurisdiction
http://www.theage.com.au/articles/2007/05/06/1178390140855.html
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... We're a nation of laws but seriously? He'd NEVER VISITED the US and he got charged by the US Justice system? Wow...
Just... Wow...
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Now here we have a clearcut case of the US attempting to impose criminal liability on a man for doing something perfectly legal in his own country, but which nevertheless is counter to US law. The very act of attempting to extradite and charge him means that the US believes its laws apply to every person on earth.
Which is total bullshit.
And how long before other countries start trying to do the same to American citizens? Can Iran extradite a US citizen for "disrespecting Islam" or a woman for appearing on the internet "immodestly" sans burqa? Can China make the case that Americans who exercise free speech on the internet are violating Chinese law and therefore should be turned over for trial?
If not, why not? If we can do it, why can't they?
You're a savvy federal agent. Surely you understand how jurisdiction works. I've explained it to you before. As you know, you can break US law and be extradited to the US if certain conditions are met.
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You are so willing and eager to send your copyright bandwagons down those slippery slopes without even a single coherent thought of what impact it may have.
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I think they actually know and that's part of their motivation. They're just greedy and evil.
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> extradited to the US if certain conditions
> are met.
And what are those "certain conditions", oh vague oracle?
How exactly does the US Congress legally pass a law which purportedly binds the entire population of the world to follow it?
If I'm a citizen of Indonesia, what principle of law requires me to abide by laws passed by the US Congress-- a legislative body in a country of which I am not a citizen, in which I have no representation, and cannot vote to affect?
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They're collective known as the laws of physics, and describe the results of a bullet passing through your head or a cruise missile coming through in your window. Any more questions?
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Re: Re: Re: Re: Jurisdiction
Learn to walk before you run, Forrest.
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You just didn't like the answer, so you decided to start name-calling. Telling.
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Heh, BeeAitch didn't even understand what "telling" meant.
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I'll even help you out, AC. The answer is none.
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We aren't calling you a communist. But thinking that the citizens of the US are the same as the ruling elite is beyond stupid.
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How dare he criticize us!
But thinking that the citizens of the US are the same as the ruling elite is beyond stupid.
I bet he even thinks that the U.S. has a government elected by the citizens.
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Nah, Every non-USA citizen knows that only Democratic non-Republic countries have purely citizen elected government.
;)
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Once you start trying to apply US laws to else were whats to say that this cannot be reversed. Post something offensive or someone doesnt like in US and Russia, China or even Wales takes offence. Whats to say you cannot be found guilty and face consequences abroad. Be careful what you wish for. :P
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Then don't post anything. Simple. Problem solved.
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I think that's what the government and it's corporate partners (especially the entertainment business ones) really want: To put the internet genie back in the bottle and turn it into a one-way broadcast medium where what people say can be more easily controlled. The only two-way ability they want is for people to be able to input credit card numbers to buy stuff.
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It's amazing how many times I see the Eudophilia poster in the demotivationals.
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This allows them knowledge on the responsible consumation of it. (or is supposed too)
There was a huge crap-fight in the USA when Harry potter et.al had the audacity to drink Mead and eggnog when they were 15/16 years old. *eye roll*
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Just so's you know. :)
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> consumation of it.
I think you mean consumption. Consumation brings to mind a whole other thing.
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What IS the meaning of IS
Look, I put a link in a 'What's on your mind' field/ Share dealyhickey, on Facebook. I put that link there. I have no idea if Facebook has code which then goes and finds the material the link I shared goes to and then grabs that content and makes a copy on Facebook's servers, but somehow I doubt it.
So, a site which users can post links, and which does not host the content.
Holy shit, I might be extradited to the land of Jefferson, Franklin and Webster? Yeeeha!
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There's only one way to stop this madness:
If Everyone suddenly started putting links to online streams of American TV shows on their Facebook pages, blogs, etc. in protest.
One of the more convenient places to find links is here:
http://mrbrownee70.com/
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