UK Decides Hollywood, US Gov't's Interests More Important Than Own Citizens; Extradites Student For Linking

from the sad dept

Tue, Mar 13th 2012 11:07am — Mike Masnick

In January, a judge said that the UK could extradite student Richard O'Dwyer to the US to face criminal copyright infringement charges for the "crime" of linking to streaming videos hosted elsewhere -- something that had already been found legal in the UK multiple times. This is pretty important, because for it to be criminal infringement, it has to be willful, and if sites that were nearly identical to O'Dwyer's TVShack.net were found legal in his home country, where he lived and where he operated the site, it's difficult to see how there's anything willful at all.

Furthermore, since he's only linking there isn't direct infringement, only the possibility of secondary infringement. Now, there are aiding and abetting laws, but it would have to be aiding and abetting of criminal copyright infringement and that would require the users of TVShack to be guilty of criminal infringement -- meaning that they were profiting from willful infringement. And that doesn't seem likely either. There are so many holes in the case it's difficult to understand why ICE and DHS are ruining the life of a UK student with no clear legal basis.

Either way, as the UK government continues to kowtow to the US entertainment industry, the Secretary of State has taken the court's initial okay and approved the extradition. This is really damning for the UK government. Given the growing concerns about the overreach of the entertainment industry to take away basic freedoms, sending Richard O'Dwyer across the Atlantic on bogus charges just so the MPAA can stick his head on a pike somewhere isn't going to go over very well.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, doj, extradition, ice, jurisdiction, richard o'dwyer
Companies: tv-links, tvshack

113 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Hephaestus (profile), 13 Mar 2012 @ 11:15am

If you are easily disturbed do not read this comment.
For a while I have been saying that when big content gets its way someone will die. A school will have its internet access cut off and the IP phone system will not work leading to a bunch of dead children. A man will die when the police kick in his door after the neighbor downloads off his open WiFi.

In this case there is a possibility that he will die in custody. Him getting raped and murdered would be a diplomatic nightmare for the US. All because he had links to other sites.
[ link to this | view in chronology ]
- [citation needed or GTFO], 13 Mar 2012 @ 11:25am
  
  Re: If you are easily disturbed do not read this comment.
  What's even worse is that even IF he does die, the media will probably spin it off as blaming any other entity except the idiots that extradited him in the first place.
  
  I don't want him to die either, but if it does happen, I see another public outbreak. The US government's not making any new friends this year...
  [ link to this | view in chronology ]
  - Traveller800 (profile), 13 Mar 2012 @ 11:36am
    
    Re: Re: If you are easily disturbed do not read this comment.
    they can try...I can forsee another UK-wide riot if they do.
    [ link to this | view in chronology ]
    - Al Bert (profile), 13 Mar 2012 @ 11:59am
      
      Re: Re: Re: If you are easily disturbed do not read this comment.
      They certainly shouldn't be the only ones so pissed off. Any principled american should be on their feet.
      
      But i'm sure the media would divert the blame if they covered it at all.
      [ link to this | view in chronology ]
      - [citation needed or GTFO], 13 Mar 2012 @ 12:03pm
        
        Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        The media will be all like "What? Another death? How is this newsworthy? Hacktivists! Breaking news!"
        
        I like it that we're all part of a revolution right now, but how much more collateral damage will be created before the governments finally get it?
        [ link to this | view in chronology ]
        
        Anonymous Coward, 14 Mar 2012 @ 6:16am
        
        Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        You are not part of a revolution. I have not yet seen a single demo outside the white house and/or senate and/or congress and/or DoJ where the root problem is. Americans have no spine and are too afraid of their own leaders.
        
        Fuck the UK government. They are minions. The problem is in the US.
        [ link to this | view in chronology ]
        
        [citation needed or GTFO], 14 Mar 2012 @ 11:44am
        
        Re: Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        You are not part of a revolution.
        
        Okay, bad choice of words. I should've said that we're in the middle of seeing yet another example of how the US is losing its credibility as a world power. Shooting itself again and again, there will eventually be another turning point.
        [ link to this | view in chronology ]
  - Hephaestus (profile), 13 Mar 2012 @ 11:46am
    
    Re: Re: If you are easily disturbed do not read this comment.
    Love your name BTW.
    
    The problem isn't big media not paying attention or down playing anything that may happen to him. The issue is that people are paying attention online and spreading the word. Right now the US and EU are at a crossroads where people have gotten fed up with business as usual. Every event like this is fanning the flames of discontent. This frightens me more than any words can express.
    [ link to this | view in chronology ]
    - [citation needed or GTFO], 13 Mar 2012 @ 12:08pm
      
      Re: Re: Re: If you are easily disturbed do not read this comment.
      Thanks! Only chose it because that seems to be the major argument these days (and yet, no troll or shill has ever been able to provide relevant evidence or goes on wild rants about how the truth is "misinformation.").
      
      I agree, but other than keeping a close eye on the injustice system, what else can we do before the governments (and the ones who support dastardly acts like this) finally understand? Or are we doomed to keep playing defensive forever?
      [ link to this | view in chronology ]
      - Hephaestus (profile), 13 Mar 2012 @ 12:23pm
        
        Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        A simple, horrible, cliche and truth is that for evil to triumph good men need to do nothing.
        
        It is the nature of our style of government. Until such a time that we hold our politicians to a higher standard than we do ourselves, we are doomed to repeat this 200 year cycle of birthing nations and having them fail. Either that or we need immortality to happen to humanity so people actually remember history and so "No not again".
        [ link to this | view in chronology ]
        
        Hephaestus (profile), 13 Mar 2012 @ 12:24pm
        
        Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        history and so "No not again". == history and say "No not again".
        [ link to this | view in chronology ]
    - Digital 3d Art, 14 Mar 2012 @ 4:37am
      
      Re: Re: Re: If you are easily disturbed do not read this comment.
      As well Google breaks these laws themselves all the time including they have allowed people to actually hotlink my works and when notified and I have proven that they are wrong they ignore it but a kid in college all of a sudden laws meant for piracy are invoked this is a huge mess.... I am and American and I am fed up 100% ....
      [ link to this | view in chronology ]
  - MPHinPgh (profile), 13 Mar 2012 @ 11:46am
    
    Re: Re: If you are easily disturbed do not read this comment.
    I think the US government has made it clear that it's not too concerned about making friends.
    
    As an American, I'd like to make it clear that I believe what my government is doing is wrong. Please don't hold my governemnt's actions against me personally. I'm bitching as loud as I can.
    [ link to this | view in chronology ]
    - silverscarcat (profile), 13 Mar 2012 @ 11:51am
      
      Re: Re: Re: If you are easily disturbed do not read this comment.
      I'm with you on this.
      
      Who do we contact about this to tell them that they're complete morons and should leave this kid alone?
      [ link to this | view in chronology ]
      - Hephaestus (profile), 13 Mar 2012 @ 12:05pm
        
        Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        You could try asking for the phone list for ICE and Eric Holders numbers at http://news.ycombinator.com/, and http://www.reddit.com/. You would probably get your ass disappeared under the NDAA though.
        [ link to this | view in chronology ]
  - Kenneth Michaels, 13 Mar 2012 @ 1:12pm
    
    It's not about winning the criminal case
    The US government doesn't care if it wins or loses the criminal case. They just want to win the extradition case. That way, they put fear in every foreign web master's mind whether they win the criminal case or not.
    [ link to this | view in chronology ]
    - Anonymous Coward, 13 Mar 2012 @ 2:54pm
      
      Re: It's not about winning the criminal case
      There won't be a case, they'll force him to plea bargain.
      [ link to this | view in chronology ]
- gorehound (profile), 13 Mar 2012 @ 12:07pm
  
  Re: If you are easily disturbed do not read this comment.
  Please support a Boycott of all things MAFIAA.Stop feeding these pigs and spread the word.Tell all your friends about this story and the other knowledge you have learned.
  MAFIAA must be stopped.
  [ link to this | view in chronology ]
  - Idwal (profile), 13 Mar 2012 @ 5:16pm
    
    Re: Re: If you are easily disturbed do not read this comment.
    Ok. How? Which things are MPAA / RIAA? Is there a list somewhere? I've tried to figure out out to effectively boycott these people, and I'm not finding anything.
    [ link to this | view in chronology ]
    - Anonymous Coward, 13 Mar 2012 @ 5:39pm
      
      Re: Re: Re: If you are easily disturbed do not read this comment.
      letmegooglethatforyou.com/q=boycott+mpaa+list
      [ link to this | view in chronology ]
      - Idwal (profile), 13 Mar 2012 @ 6:04pm
        
        Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        Sorry, my post kinda does make me look retarded.
        
        Allow me to clarify : I already did some searches. I found a list of companies who supported SOPA and... not much else.
        
        I'm trying to figure out where to aim a boycott to actually hurt the MPAA or RIAA. Is there anything, other than just not seeing any movies or not buying any music? Not everything is MAFIAA, and there's not a lot of point in a shotgun-style boycott.
        
        If I knew who to boycott, I'd be pushing it to friends and strangers every single dang day.
        [ link to this | view in chronology ]
        
        That One Guy (profile), 13 Mar 2012 @ 7:26pm
        
        Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        You don't have to avoid all movies and music, just the ones being put out by the major players. You can for example hit up sites like bandcamp to find good, cheap music, and I'm sure with a little looking you could find a site with indie developed and funded movies.
        [ link to this | view in chronology ]
        
        David Evans (profile), 13 Mar 2012 @ 8:10pm
        
        Re: Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        I already do that kind of preferential purchasing for myself. I'm trying to fit this kind of boycott into a package that doesn't require a lot of parsing by the person I'm trying to sell it to, so that I can tack it to a stack of articles that the internet should be mad about and say "Please Do This".
        
        Unfortunately, the **AAs aren't really directly consumer connected, so it's hard to know easily enough what to protest. The SOPA protest worked because there were some people who put together some tools that made it possible to protest with near-zero effort. I think if we can do that for other issues, then we can win more of these fights.
        [ link to this | view in chronology ]
        
        Marcel de Jong (profile), 14 Mar 2012 @ 2:45am
        
        Re: Re: Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        Generally speaking, if the disc is in the #bigbucks stores, such as wal*mart, best buy etc, or whatever equivalent in your country. It's been put there by MAFFIAA and should be avoided like the plague.
        
        Obvious names like Disney, Warner, SONY, EMI, Universal, Paramount, etc. are all members of either the MPAA or the RIAA.
        
        A more detailed list of RIAA members:
        http://www.riaa.com/aboutus.php?content_selector=aboutus_members
        
        And Wikipedia holds a small list of MPAA members:
        https://en.wikipedia.org/wiki/Motion_Picture_Association_of_America#Members
        
        Avoid these companies.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 13 Mar 2012 @ 10:18pm
        
        Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        That would be difficult, you would have to compile a list of people and companies and that is not practical, the better way to boycott them is not to use anything from them and look for places with liberal licenses like CC-SA(not CC-NC or the other CC's), GPL, MIT, C0 and so forth.
        
        You want to really boycott them, start a workshop or creative space where only free and open content can be posted.
        
        Anything that has a standard copyright and not a copyleft license is the enemy and anyone who uses those standard licenses is the enemy.
        [ link to this | view in chronology ]
        
        Karl (profile), 13 Mar 2012 @ 11:08pm
        
        Re: Re: Re: Re: Re: If you are easily disturbed do not read this comment.
        Not everything is MAFIAA, and there's not a lot of point in a shotgun-style boycott.
        
        There used to be a site called RIAA Radar, but unfortunately it's been down for a while. I haven't found a replacement.
        
        Personally, I mostly buy records from artists who I meet face-to-face. That way, I know exactly who I'm supporting. Probably not the best option for most people, though, especially if you don't live on one of the American coasts.
        [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:17am

Well it was about time
The streets are now clean from the scum, and we can all feel safer tonight knowing this criminal won't threaten the people of the world with unauthorized linking.

Can you imagine, he was actually linking to videos on the Internet. VIDEOS! AT WHO KNOWS HOW MANY FRAMES PER-SECOND!
Sends shivers down your spine, doesn't it.
[ link to this | view in chronology ]
- Traveller800 (profile), 13 Mar 2012 @ 11:35am
  
  Re: Well it was about time
  normally I laugh at satire like this...but as a UK citizen...I don;;t think this is anything to laugh about.
  [ link to this | view in chronology ]
  - Al Bert (profile), 13 Mar 2012 @ 12:06pm
    
    Re: Re: Well it was about time
    Especially considering the fact that if this sentiment were laced with some indefensible lies and fearmongering terrorism/pedophilia conflation, it would be indistinguishable from what the actual criminals think and say. In these cases, the caricature of satire does not justly portray how absolutely vile these people really are.
    [ link to this | view in chronology ]
    - Traveller800 (profile), 13 Mar 2012 @ 12:17pm
      
      Re: Re: Re: Well it was about time
      agreed...in a proper government, ICE would have been dissolved and its leadership imprisoned for what they keep doing
      [ link to this | view in chronology ]
MPHinPgh (profile), 13 Mar 2012 @ 11:20am

From the movie "Formula 51"...

"England ain't nuthin but the 51st state!"

Apparently, that's true.
[ link to this | view in chronology ]
- Traveller800 (profile), 13 Mar 2012 @ 11:33am
  
  Re:
  too true...so true...makes me feel sick thinking about how our government rolls over
  [ link to this | view in chronology ]
  - Anonymous Coward, 14 Mar 2012 @ 4:27am
    
    Re: Re:
    Not as fast as the French do ! LOL
    [ link to this | view in chronology ]
- Hudders, 13 Mar 2012 @ 4:14pm
  
  Re:
  Is it really called "Formula 51" in the US? In the UK it was just called "51st State".
  [ link to this | view in chronology ]
  - MPHinPgh (profile), 14 Mar 2012 @ 7:36am
    
    Re: Re:
    It actually _was_ called Formula 51 in the US. IMDB also noted that in the UK (and presumably much of Europe) it went by 51st State. Which is understandable, I suppose, since the move contained references to both titles.
    [ link to this | view in chronology ]
- Martin Owens Jr, 13 Mar 2012 @ 5:07pm
  
  Re: UK Decides Hollywood
  The UK is not and will never be the 51st State, for very many reasons.
  
  But even as a loyal American, I must say the extradition treaty seems awfully one-sided.
  Or could UK authorities enforce these same Draconian clauses against Uncle Sam one day?
  
  Seems to me the time to worry about such things is now, while it still makes a difference to worry...
  [ link to this | view in chronology ]
- techflaws.org (profile), 14 Mar 2012 @ 12:06am
  
  Re:
  "Look out of your windows, watch the skies..."
  [ link to this | view in chronology ]
Watchit (profile), 13 Mar 2012 @ 11:21am

I could imagine this perhaps being a civil case, but criminal? that's just ridiculous!
[ link to this | view in chronology ]
- That One Guy (profile), 13 Mar 2012 @ 7:43pm
  
  Re:
  Ah but you see, if it was a civil case and not a criminal one, then that wouldn't be enough to extradite him, and he would have to be tried over there, where it has apparently been ruled a number of times in other cases that his actions don't break the law.
  [ link to this | view in chronology ]
John Doe, 13 Mar 2012 @ 11:23am

This is more scary than SOPA
This is more scary than anything going on in internet law right now. The fact that our governments are fully willing to hand us over to foreign governments for what we do on the internet is downright scary. If he is breaking UK law, then try him in the UK. If he is breaking any other countries laws, too bad.
[ link to this | view in chronology ]
- Anonymous, 13 Mar 2012 @ 8:18pm
  
  Re: This is more scary than SOPA
  It's not even supposed to be illegal in the USA, they are using a law that is meant for mass piracy, profit, and sales. The law was originally created for criminal piracy rings.
  [ link to this | view in chronology ]
- Bob Smith, 15 Mar 2012 @ 7:32am
  
  Re: This is more scary than SOPA
  Too bad...for him.
  [ link to this | view in chronology ]
- Bob Smith, 15 Mar 2012 @ 7:32am
  
  Re: This is more scary than SOPA
  Too bad...for him.
  [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:24am

From now on I'm not buying movies from them I'll simply download them and then share them! #%$#$
[ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:26am

I bet Puerto Rico is pissed. Here they thought they had the inside track on being the 51st state and those crazy brits just bumped them down a notch. Welcome to the Union!
[ link to this | view in chronology ]
- Anonymous Coward, 13 Mar 2012 @ 11:31am
  
  Re:
  Puerto Rico better get in line now...England, the moon colony...PR is falling fast!
  [ link to this | view in chronology ]
Zakida Paul (profile), 13 Mar 2012 @ 11:27am

Break a US law and they can demand your extradition even if you are not a US citizen and and the crime was not committed in the US. How can any country think it is a good idea to sign up to that?

USA = School yard bully pushing everyone around, stealing their lunch money and making everyone else do their homework for them.

Then they can't understand how they can be so hated by the rest of the world. The word 'stupidity' doesn't cover it.
[ link to this | view in chronology ]
- Anonymous Coward, 13 Mar 2012 @ 11:37am
  
  Re:
  Hey now...
  
  As a U.S. citizen, I resent the assertion that I don't hate a lot of things about my own country as well as the rest of the world.
  
  This is what drives me so bonkers when individuals in another country are complaining about another country's laws.
  
  Let me remind you that if you're buying movies and watching U.S. television shows, you're supporting the very same entities that lobbied for these laws with money you gave them.
  
  And furthermore, it seems the UK government is just as guilty here - allowing one of their own citizens to be extradited as such.
  
  There's a lot more to this than simply: "USA vs. the world"... and when you're ready to wake up and take notice, you can also start doing something about it no matter where you live. Stop playing the victim.
  [ link to this | view in chronology ]
  - The Groove Tiger (profile), 13 Mar 2012 @ 11:44am
    
    Re: Re:
    Let's tell Richard O'Dwyer, I bet he'll feel sympathy for your plight of being unfairly annoyed just for being a U.S. citizen.
    [ link to this | view in chronology ]
    - Anonymous Coward, 13 Mar 2012 @ 1:40pm
      
      Re: Re: Re:
      My plight?
      
      You missed the point of my post - how douchey of you.
      
      People seeking to blame everyone else for what's wrong in this world are becoming the problem. The constant "us vs. them" rhetoric gets obnoxious. When you sit back and claim that it's U.S.' fault that O'Dwyer is being extradited, you are demonstrating a very narrow-minded view of the real problem.
      [ link to this | view in chronology ]
      - The Groove Tiger (profile), 14 Mar 2012 @ 12:36am
        
        Re: Re: Re: Re:
        No, no, I got your point perfectly right.
        
        "I'm so tired of people blaming us good U.S. folks. It's so unfair. Woe is me."
        
        It comes out as rather whiny considering it is but a drop in the sea of complete injustice of what is happening to this guy right now. So spare us the tears and say something relevant to the problem, instead of "it's not our fault!"
        [ link to this | view in chronology ]
        
        Josef Anvil (profile), 14 Mar 2012 @ 2:12am
        
        Re: Re: Re: Re: Re:
        "I'm so tired of people blaming us good U.S. folks. It's so unfair. Woe is me."
        
        Im going to have to agree with this. Why blame the US for this? The blame rests heavily on the shoulders of the UK. The UK is allowing this to happen.
        
        This kid is a law abiding citizen of the UK and the UK is not fighting for the rights of its own citizen. That is hardly the fault of the US. The US simply charged him with a crime under US law and requested extradition. The correct, intelligent, and decent thing for the UK to do is to simply say NO!
        
        Maybe GB is just the newest state in the US.
        [ link to this | view in chronology ]
        
        Niall (profile), 19 Mar 2012 @ 9:00am
        
        Re: Re: Re: Re: Re: Re:
        Whilst the spineless poodles in the British Parliament/legal system are certainly at fault, it still doesn't mitigate the absolute douche-ness of the US in trying to extradite someone for something legal in their own country, and trying to pretend something that is at most a civil matter IN THE US is a criminal one?
        
        How long before someone gets extradited for going to the bookie? Or running a download site...
        [ link to this | view in chronology ]
- John D'oh!, 13 Mar 2012 @ 12:46pm
  
  Slap leather... head for that line of trees...
  Yeah, it's not like the British Empire ever acted like a bully at any time.
  [ link to this | view in chronology ]
  - Titania Bonham-Smythe (profile), 13 Mar 2012 @ 6:38pm
    
    Re: Slap leather... head for that line of trees...
    We already apologised for that.
    [ link to this | view in chronology ]
- Old Scratch, 19 Mar 2012 @ 1:37pm
  
  Response to: Zakida Paul on Mar 13th, 2012 @ 11:27am
  Welcome to the Corporate States of AmurriKKKa (TM, me), where we are all nothing more than a Confederacy of Dunces...
  
  ...oh, snap: I think the thought police--I mean, the IP police--I MEAN, DHS--are breaking down the door!! This is my last po--.....
  [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:28am

At this point I am starting to think the faster this country destroys itself the better.
[ link to this | view in chronology ]
Hephaestus (profile), 13 Mar 2012 @ 11:28am

She added: "It's disgusting. Next time it may be your son. I urge everyone who cares about unfair extradition to write to their MP and insist this disreputable law is changed."

I so love quotes like this.
[ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:33am

strange how the UK can extradite this guy but cant extradite a terrorist. strange how he can be convicted of having knowledge of what is being linked to but a search engine that has millions of links isn't guilty. i guess that shows the UK is far more scared of the US than it is of the EU and obviously more concerned about doing what the US wants than complying with the EU rulings. as for MAY, i would think there is going to be a retaliatory shit storm hitting her pretty soon! this is the 2nd UK citizen extradited to the US in almost as many weeks!
[ link to this | view in chronology ]
Baldaur Regis (profile), 13 Mar 2012 @ 11:35am

For ICE, DHS, the US and UK governments, this whole thing is a zero-sum game. They get to make a point, "send a message", then go home and sleep in their own beds. Who cares what happens to Mr. O'Dwyer?
[ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 13 Mar 2012 @ 11:41am

And the lesson learned here is, DON'T STEAL CONTENT, and DON'T PROVIDE LINKS TO STOLEN CONTENT.
[ link to this | view in chronology ]
- Anonymous Coward, 13 Mar 2012 @ 11:46am
  
  Re:
  And also, DON'T PROVIDE LINKS TO LINKS TO STOLEN CONTENT. And while we're at it, DON'T PROVIDE LINKS TO LINKS TO LINKS TO STOLEN CONTENT.
  
  Oh what they hell, STOP LINKING.
  [ link to this | view in chronology ]
  - [citation needed or GTFO], 13 Mar 2012 @ 11:49am
    
    Re: Re:
    Damn, your response was better.
    [ link to this | view in chronology ]
    - Watchit (profile), 13 Mar 2012 @ 2:18pm
      
      Re: Re: Re:
      Don't under sell yourself, your comment was good too :3
      [ link to this | view in chronology ]
  - Anonymous Coward, 14 Mar 2012 @ 4:32am
    
    Re: Re:
    It is Googles fault LOL honestly I have had it around with Google and people taking my content and even after proving they are wrong google will not remove the content from there blog system that is mine and some one else is using I am a fed up American.
    [ link to this | view in chronology ]
- [citation needed or GTFO], 13 Mar 2012 @ 11:47am
  
  Re:
  And the lesson here is, DON'T CREATE A WEBSITE THAT PROVIDES LINKS. LIKE A SEARCH ENGINE.
  
  And your predictable response will be something either involving Google, Masnick or flying monkeys. Geez, I'm a "noob" who's been here for a couple months now and even I can identify who you are.
  
  I can't believe you can call yourself human.
  [ link to this | view in chronology ]
- Suja (profile), 13 Mar 2012 @ 11:51am
  
  Re:
  DON'T STEAL CONTENT
  
  linking is stealing too now?
  
  what ISN'T stealing these days?
  
  tell you what... DON'T MAKE POSTS, you're stealing my fuckin' braincells
  [ link to this | view in chronology ]
  - Anonymous Coward, 13 Mar 2012 @ 12:35pm
    
    Re: Re:
    The only winning move is not to play.
    [ link to this | view in chronology ]
    - Al Bert (profile), 13 Mar 2012 @ 2:44pm
      
      Re: Re: Re:
      Considering the crap that's been going around, it's not enough to avoid the intentional use of copyrighted material. Capture a song in the distance or a sign in a recording? Create something completely new that too closely resembles something someone else has created or thought about creating before? Well now you're in the same deep water. The only winning defensive move is to not perceptibly exist.
      [ link to this | view in chronology ]
  - Gwiz (profile), 13 Mar 2012 @ 12:53pm
    
    Re: Re:
    what ISN'T stealing these days?
    
    Shoplifting a CD is *barely* stealing these days. The penalties are not in the same ballpark (or even in the same city) as copyright infringement.
    
    In Michigan shoplifting a item worth less than $200 is a misdemeanor charge with penalties of up to 93 days in jail and fines of up to $500 or 3 times the value of the stolen property (whichever is more).
    [ link to this | view in chronology ]
    - Chosen Reject (profile), 13 Mar 2012 @ 1:41pm
      
      Re: Re: Re:
      It'd be an interesting civil disobedience protest to have tens of thousands of people to actually steal DVDs, CDs, books, and other copyrighted goods. Maybe that is what it would take to get some people to understand the difference between stealing and infringement. Maybe that would get a discussion going about the ridiculousness of the punishments associated with infringement.
      [ link to this | view in chronology ]
- Anonymous Coward, 13 Mar 2012 @ 12:58pm
  
  Re:
  Reported for adding absolutely nothing to the discussion.
  [ link to this | view in chronology ]
- [citation needed or GTFO], 13 Mar 2012 @ 3:33pm
  
  Hey, guess what?
  CITATIONS == LINKS
  
  Your mind has been blown.
  [ link to this | view in chronology ]
- Ninja (profile), 14 Mar 2012 @ 4:40am
  
  Re:
  You know, last night I saw this beautiful portrait on a restaurant. I looked at it in awe but suddenly I got very worried and afraid. You see, I linked the image of the portrait to my brain using my eye globes and nerves and thus I stole from the restaurant without ever paying for the image. I don't know what to do...
  [ link to this | view in chronology ]
[citation needed or GTFO], 13 Mar 2012 @ 11:41am

You know what would be tragically hilarious?
If the usual trolls and shills actually DEFEND the extradition. They'll all be like "But he was stealing! Put his head on a pike! If anything happens to him, he deserves his life to be forfeit! Piracy, dammit! We're protecting the children from his infringing carcass! Oh, he died? Who cares, justice has been served!"

It's idiots like that who believe that LINKING is a crime who should go through a one-sided justice system and see how they like it when their lives are completely destroyed by wasting years to clear their name.

Go ahead, you piracy-screaming ACs. Justify how ruining an individual's life for linking benefits your cause.
[ link to this | view in chronology ]
- Al Bert (profile), 13 Mar 2012 @ 12:19pm
  
  Re: You know what would be tragically hilarious?
  It makes them feel more comfortable to know that they have or imagine they have power in newfound places. That is all that matters.
  
  Also, don't expect to see any IP maximalists or their idols going through a railroaded justice system anytime soon. Not unless the present biases and influences are somehow magically stacked on the opposite side of the balance.
  [ link to this | view in chronology ]
  - Anonymous, 13 Mar 2012 @ 1:40pm
    
    Well...
    Just frame them for child molestation... that could do it.
    [ link to this | view in chronology ]
  - [citation needed or GTFO], 13 Mar 2012 @ 3:32pm
    
    Re: Re: You know what would be tragically hilarious?
    You know what else is funny?
    
    Citations == Links
    
    Our reality may not administer poetic justice, but I hope that karma payback still works.
    [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:42am

How funny would it be for the case to just be dismissed for lack of jurisdiction?
[ link to this | view in chronology ]
- Anonymous Coward, 13 Mar 2012 @ 2:28pm
  
  Re:
  Maybe some one in the US government will read the US Declaration of Independence and realize that the US and Britain have two different government, that US citizens no longer are British subjects, and that UK subjects are not US citizens and understand fully and completely that UK law does not apply to US citizens nor does UK law apply to US citizens but I dough that that that level of comprehension is possible even if US government officials could read or understand.
  [ link to this | view in chronology ]
  - Anonymous Coward, 14 Mar 2012 @ 3:00am
    
    Re: Re:
    Maybe someone in the UK will get their head out of their ass and do what you just suggested. Your targeting is a little off. The US levied the charges, but the UK approved the extradition. They shouldn't have.
    [ link to this | view in chronology ]
Hans B PUFAL (profile), 13 Mar 2012 @ 11:43am

All because...
The BBC web page you link to has the small print near the end :

The BBC is not responsible for the content of external Internet sites

Presumably this prevents the BBC or any of its employees form being extradited. Richards crime is that he omitted that disclaimer.
[ link to this | view in chronology ]
lavi d (profile), 13 Mar 2012 @ 11:47am

Let's Just Be Grateful
We should all get down on our knees and thank everything that's holy that the US DOJ has caught, convicted, imprisoned and otherwise deactivated all violent criminals and terrorists so that they can now devote the proper amount of attention to saving Hollywood from the Internet.
[ link to this | view in chronology ]
- TaCktiX (profile), 13 Mar 2012 @ 1:46pm
  
  Re: Let's Just Be Grateful
  Where's my sad but true button?
  [ link to this | view in chronology ]
Violated (profile), 13 Mar 2012 @ 11:48am

Plebs
I have come to the following conclusions...

1. It is very unclear if Richard O'Dwyer has ever committed a crime in the UK. Based on previous cases this would be a "no" and where differences to past cases are so minor that they would need testing in a trial first to clarify if or if not they are a problem.

2. Since we cannot prove if Richard O'Dwyer has broken the law here then we cannot proceed with extradition. To extradite him now only to find out in a later related case that what he did was lawful would mean that the UK Government would have broken the law to have extradited him.

3. It then becomes clear that this extradition request needs to be suspended or rejected and to instead invite the US prosecution to hold a trial in England to clarify the law.

Should this not be done then the only conclusion is that UK law is no longer important and all of us in the UK should then start to obey US law.

What I mean how can people follow the OiNK and FileSoup case rulings to make their own site if the US then extradites them anyway just because their site was a little different to those previous sites.

I will be very annoyed indeed if Richard O'Dwyer is extradited in total violation of the law and sovereignty of the United Kingdom.
[ link to this | view in chronology ]
- Traveller800 (profile), 13 Mar 2012 @ 12:01pm
  
  Re: Plebs
  that presumes that the US government cares about the law in other countries
  [ link to this | view in chronology ]
  - Anonymous Coward, 14 Mar 2012 @ 3:04am
    
    Re: Re: Plebs
    The US doesn't, but the US isn't the part of that end equation. Only the UK is. Please stop blaming us for what they do.
    [ link to this | view in chronology ]
- Prisoner 201, 13 Mar 2012 @ 12:14pm
  
  Re: Plebs
  Understanding is not required. Only obedience.
  [ link to this | view in chronology ]
- PT, 13 Mar 2012 @ 5:01pm
  
  Re: Plebs
  IIRC, this particular extradition treaty doesn't require that a crime has been committed. It's an "anti-terrorist" treaty signed by the Bliar government in the wake of 9/11, which basically says the UK will extradite scary terrorists - or anyone else the US asks for - with no pesky evidence required. By the nature of the way these things are worded, it can be repurposed for any reason or none.
  
  What would be amusing is if the British government would extradite random Americans to the UK and prosecute them for owning a firearm. Unfortunately the treaty is not reciprocal.
  [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 11:51am

"But we need MORE internet laws to tame this wild frontier!" exhaled Logan Lynn and he turned from his barcalounger and tearfully stared at his stacks of compact disks.
[ link to this | view in chronology ]
Ninja (profile), 13 Mar 2012 @ 12:02pm

I'm speechless due to the outrageous nature of this news. Then again, the United Nazi States of America has been following this path for a while and the UK has been the US sex slave for a while too.

So I feel outrage but I'm not surprised.
[ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 12:09pm

with Cameron in the US now, i wonder how long it will be before the talks with Obama turn to the really world shatteringly important stuff like what else must the UK do to help Hollywood get the US finances back on track?
[ link to this | view in chronology ]
Joseph Young, 13 Mar 2012 @ 12:27pm

Sleazy British Politics
It�s sleazy British politics. The government is clearly unhappy with the previous judicial decisions over linking. It must consider that changing British copyright legislation is more problematic than letting American law apply to this area of British Internet business.

Even if a British business were to try to GeoIP-block American users, it�s not clear that it would protect that business. I don�t think the current extradition procedure allows such a detailed argument over jurisdiction; America only has to say that it has a case it wants to put before a US court and the British courts have to agree to the extradition.

The question is who does one vote for to express unhappiness at the current British government? The UK Independence Party? The Pirate Party UK? The British National Party?! If the only way to get the government to revise the extradition procedure is to vote for the BNP, then yes, I would vote for the BNP.
[ link to this | view in chronology ]
- Traveller800 (profile), 13 Mar 2012 @ 12:30pm
  
  Re: Sleazy British Politics
  those nutcases who want anyone who isn;t british tossed out of the country?
  [ link to this | view in chronology ]
hfbs (profile), 13 Mar 2012 @ 12:32pm

Truly disgusting.
[ link to this | view in chronology ]
SuperiorAnonymousCoward, 13 Mar 2012 @ 12:40pm

Yay, USA fails again. I'm disgusted to be an american, I hope the US leaders die a h-anime style death with their damned cuntry(o left out on purpose).
[ link to this | view in chronology ]
- Al Bert (profile), 13 Mar 2012 @ 2:50pm
  
  a fitting death
  You made me smile today. Good job.
  [ link to this | view in chronology ]
bobo le skunk, 13 Mar 2012 @ 1:17pm

UK Lapdogs
Sacrifice Richard O'Dwyer and you can ride in our big shiny Air Force One.
I wonder after the UK Labour party was in government and the Witchfinder General spent some time 'holidaying' on a record company reps yacht then suddenly we got the Digital Economy Act shoved through, I shudder what Cameron is giving up for his wee hurl in Obama's plane...
Another reason for us Scots to vote for independence as our leader doesn't give a feck about the US of Arrogance.
[ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 1:51pm

Sadly, when Obama's administration started to appoint Hollywood lawyers to various government positions, what did every expect?

Just like everything else, the US Government is not here for the people but here for the corporations. Until this system collapses, nothing is going to change.
[ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 2:41pm

Can't we do sth? Are there campaigns going on, something like that?
[ link to this | view in chronology ]
- Richard (profile), 13 Mar 2012 @ 4:09pm
  
  Re:
  Sign the petition here
  
  http://www.gopetition.com/petitions/stop-extradition-fair-uk-trial-for-richard-o-dwyer.html
  [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 4:45pm

Awww... The once mighty British Bulldog, licking the heels of its master.

/sarc
[ link to this | view in chronology ]
- Anonymous Coward, 13 Mar 2012 @ 7:45pm
  
  Re:
  It's licking something, but I don't think it's heels
  [ link to this | view in chronology ]
- Anonymous Coward, 14 Mar 2012 @ 2:45pm
  
  Re:
  Where is the sarcasm in your post?
  All I can see is an accurate description of current events.
  [ link to this | view in chronology ]
American, 13 Mar 2012 @ 6:14pm

As an american, this disgusts me.

Will some country from the EU get you all together to invade us or something?
[ link to this | view in chronology ]
Confused, 13 Mar 2012 @ 8:32pm

Legal defence
Lets hope Mike Mozart is good on his word (promised to provide Richard with the best legal defence, you can check him out on YouTube). Also as some people say here it wouldn't hurt to identify members of the MAFIAA and avoid buying their stuff). On a lighter note, what will become of the royal family now that the UK is a colony?
[ link to this | view in chronology ]
- Al Bert (profile), 13 Mar 2012 @ 9:16pm
  
  Re: Legal defence
  We integrate them into our beloved American culture!
  i.e. they get added to the celeb gossip grinder that is our news.
  [ link to this | view in chronology ]
Anonymous Coward, 13 Mar 2012 @ 10:31pm

Come on Greece
The faster the Greeks default on their national debt, the faster the American Banks and Insurance agencies will be called upon for the bail out they can't provide. Once they fall over goodbye American economy and goodbye you interfering pieces of $#!7
[ link to this | view in chronology ]
HumbleForeigner (profile), 13 Mar 2012 @ 11:24pm

You Are Misinformed
I have seen comments about the "justice system" or the "misjustice system", but I think you are misinformed...America does not *have* a justice system, it has a legal system...there is no justice in it any more. Justice, in America, is now the domain of the lawyers and rich and powerful, you, as a mere peon, have no access to justice anymore. Let's take a hypothetical example, $rich_mega_corp has done something very wrong, you don't want to enrich a lawyer too much, so you take them to court, now you need to ask:
- Can you afford the initial trial?
- Can you afford the inevitable appeal, on appeal, on appeal?
- How far can you go before you are bankrupt?

If you are a normal person, the answers are: Barely, no and not far. An appeal against a court verdict should be a very, very serious move, not a business as usual step. If you appeal you are questioning the judge, jury and entire legal process, serious penalties should be levied against both the client and lawyer for a failed appeal where the law was correctly applied.

Until such a time, when appeals are serious, you will end up with the rich and powerful making endless appeals until their opponents cannot afford to continue.

At its root, privilege means private law
[ link to this | view in chronology ]
KeoniPhoenix, 14 Mar 2012 @ 1:04am

What disturbs me the most...
What disturbs me the most is the complete ignorance of the United States Constitution's limits on jurisdiction. Article III and the Sixth Amendment do not allow for US courts to try and prosecute people for crimes committed outside the boundaries of the the US. I reject the idea that jurisdiction can be made by merely posting the links onto the servers hosted in the United States. The links are the effects of his actions from using his computer which was not in the United States at all.
[ link to this | view in chronology ]
- Anonymous Coward, 14 Mar 2012 @ 2:48pm
  
  Re: What disturbs me the most...
  And his server was in sweden
  [ link to this | view in chronology ]
Anonymous Coward, 14 Mar 2012 @ 7:31am

Land of the politically incorrect.
Are US citizens supposed to follow all the UK tech. related laws on the internet too? Has the internet become one giant consortia in which all citizens of all countries will follow all the laws of their governing institutions???

What If some dictator from a third world country, like Mahmoud Ahmadinejad, made it illegal to read USA Today online? According to the UK and US, Iran would have every right to insist that US citizens get extradited to Iran immediately for committing such crimes.

Forget about arguing law here for second. Let�s look at the principle. How can you ask young people to fight and die for your country when you throw them under the buss for the sake of copyright infringement laws of a foreign land? Wow, what a terrible choice. I certainly can understand the expectation to follow laws of your own country.. But this!!

This situation would just require the Kony effect to reverse. Once a large amount of people became aware of the situation, they would not be supportive of the UK�s decision or United State�s choice to become an accomplice to it. But, until that happens� Welcome to America Richard!! Home of the Brave and land of people who come here because they ticked off Hollywood.

BTW TECH DIRT: I KEEP CLICKING SAVE ME A COOKIE AND HAVE NOT GOT ONE COOKIE YET!!! I WILL TAKE CHOCOLATE CHIP PLEASE!! THANK YOU!!
[ link to this | view in chronology ]
Anonymous Coward, 17 Mar 2012 @ 8:17am

I wonder when they will make a movie about this. If they win it will be about a criminal that also abused puppies and if he wins it will be a comedy about a big misunderstanding.
[ link to this | view in chronology ]