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Copyright wars heat up: US wins extradition of college kid from England

arstechnica.com

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Re: Copyright wars heat up: US wins extradition of college kid from England

#51
post #13

Apart from the general ridiculousness of the US extraditing copyright infringers but not pedophiles: Do the Brits really not have any outrage over this? If the PRC successfully extradited an American for some real or imagined digital crime (say, building and hosting the website of a designated terrorist organization), we'd be in an uproar. At least, I hope we would...

Guess he should have gone to Switzerland like Roman Polanski did.

Re: Copyright wars heat up: US wins extradition of college kid from England

#52
post #17

That ARS writeup is pretty one-sided. I love how they paint him up as a poor student, and don't mention the $250,000+ he made off the site. This was absolutely not just piracy, but PROFITING from piracy. http://www.telegraph.co.uk/technology/news/9013803/Student-R...

From the article:

“If they can come for Richard they can come for anyone.”

The whole point of the social compact is that the state is supposed to protect it's citizens. That's the quid pro quo that legitimizes statehood. If a country extradites one of it's citizens after finding insufficient reason to prosecute, that's an entirely different quid pro quo.

Re: Copyright wars heat up: US wins extradition of college kid from England

#53
post #17

That ARS writeup is pretty one-sided. I love how they paint him up as a poor student, and don't mention the $250,000+ he made off the site. This was absolutely not just piracy, but PROFITING from piracy. http://www.telegraph.co.uk/technology/news/9013803/Student-R...

[deleted]

Re: Copyright wars heat up: US wins extradition of college kid from England

#54
post #8

LOL, the UK is a US colony now. I can hear History rolling on the floor with laughter.

Only if you're ignorant of the facts. http://london.usembassy.gov/gb140.html "The United States has not denied a single extradition request from the UK under the treaty. While the U.S. does send more extradition requests to the UK than it receives, this difference is largely due to the differences in the size of the respective populations. The panel report notes that the U.S. has a population about five times the siz…

The numbers are no excuse in case of a person that did not break UK law.

How about your country signs an extradition treaty with Saudi Arabia and you get extradited and have your head chopped off for having a beer, since alcohol is illegal in SA? (Yes, an absurd stretch, but you get the point.)

Re: Copyright wars heat up: US wins extradition of college kid from England

#55

The kid made $230,000 by helping users view copyrighted material they did not pay for. That sounds pretty jail worthy to me. It is however strange that he's being extradited and I generally oppose individuals "being made an example of". I'd much prefer he go through the UK system than the US.

Sure he made a lot of money doing it but he just posted links. How is this different from Google (or any other search engine)?

Are you actually asking or is it rhetorical?

Search engines contain automatic references to, roughly speaking, the entire internet (minus explicitly blocked content). The search engine is used to obtain a vast amount of knowledge by a vast number of people. It will link copyright infringing material at a low percentage rate.

TVShack on the other hand is used exclusively to link to copyright infringing material. It's used for a very singular purpose at a near one hundred percent rate.

IANAL in any country so I can't say what, if any, legal difference exists. Practically speaking the difference is rather straight forward. One entity (TVShack) exists for the exclusive purpose of linking copyrighted material and one does not.

Re: Copyright wars heat up: US wins extradition of college kid from England

#56
post #20

The kid made $230,000 by helping users view copyrighted material they did not pay for. That sounds pretty jail worthy to me. It is however strange that he's being extradited and I generally oppose individuals "being made an example of". I'd much prefer he go through the UK system than the US.

If I recall correctly he didnt break any laws in the UK.

that's not what the judge thought. from the article in the telegraph:

> The defence believed its strongest argument against extradition was that Mr O'Dwyer had not committed an offence under British law

> However, Judge Purdy rejected the argument

Re: Copyright wars heat up: US wins extradition of college kid from England

#57

The main dispute of the US-UK extradition agreement derives from the fact the US has to show 'reasonable suspicion' however the UK has to show 'probable cause'. However some argue there is no difference namely Sir Scott Baker who's reports stated: "In our opinion there is no significant difference between the probably cause test and the reasonable suspicion test" However, critics of the treaty say it is much easier t…

From: http://www.bbc.co.uk/news/uk-politics-16024278

"between January 2004 and July 2011 there were 130 requests by the US for people to be extradited from the UK, compared with 54 requests from the UK to the US."

"the US had never denied a UK extradition request"

Re: Copyright wars heat up: US wins extradition of college kid from England

#59
post #54

Earlier quoted context omitted.

Only if you're ignorant of the facts. http://london.usembassy.gov/gb140.html "The United States has not denied a single extradition request from the UK under the treaty. While the U.S. does send more extradition requests to the UK than it receives, this difference is largely due to the differences in the size of the respective populations. The panel report notes that the U.S. has a population about five times the siz…

The numbers are no excuse in case of a person that did not break UK law. How about your country signs an extradition treaty with Saudi Arabia and you get extradited and have your head chopped off for having a beer, since alcohol is illegal in SA? (Yes, an absurd stretch, but you get the point.)

> a person that did not break UK law

the judge believes he broke UK law. from the telegraph article:

> The defence believed its strongest argument against extradition was that Mr O'Dwyer had not committed an offence under British law, because TVShack did not itself host copyright material. European law says no crime is committed if a website acts as a “mere conduit”.

> However, Judge Purdy rejected the argument from Mr O’Dwyer’s barrister, Ben Cooper of Doughty Street Chambers, because of the control the student had over what links were posted on TVShack.net and TVShack.cc.

Re: Copyright wars heat up: US wins extradition of college kid from England

#60
post #28
post #22

Earlier quoted context omitted.

Brits have been complaining about this ever since the treaty was signed. I think generally we're currently more concerned about changes to our health system. Plus the USA is hardly the PRC.

Actually, given the harshness of the penal system in every aspect including their plea-bargaining facet, the US may as well be the PRC compared to the EU. Also, like the PRC, the US has the death penalty. Separately, there should be a public interest requirement on extraditions, whether by treaty or otherwise, just like there is on all other parts of the UK justice system. This is a travesty to the individuals involv…

Ironically, if he did face the death penalty then he wouldn't be extradited.
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