BBC News- 'Piracy' Student Facing Extradition To The US

AyameTaylor

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Oct 4, 2011
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BBC News - 'Piracy' student Richard O'Dwyer loses extradition case

Here is the C&P'ed Article, Not sure if there is already a discussion on this topic, but here is what it says.

<Quote>'Piracy' student Richard O'Dwyer loses extradition case

Mr O'Dwyer's mother criticised the UK's extradition treaty with the US
A Sheffield student can be extradited to the US to face copyright infringement allegations, a judge has ruled.

Richard O'Dwyer, 23, set up the TVShack website which US authorities say hosts links to pirated copyrighted films and television programmes.

The Sheffield Hallam University student lost his case in a hearing at Westminster Magistrates' Court.

If found guilty in a US court he could face up to five years in jail.

Mr O'Dwyer's lawyer, Ben Cooper, indicated during the hearing that he would appeal against the ruling.

Mr Cooper said the website did not store copyright material itself and merely directed users to other sites, making it similar to Google.

He also argued that his client, who would be the first British citizen to be extradited for such an offence, was being used as a "guinea pig" for copyright law in the US.

But District Judge Quentin Purdy ruled the extradition could go ahead.

Mr O'Dwyer's mother, Julia O'Dwyer, from Chesterfield, has described the moves by US authorities as "beyond belief" and described Britain's extradition treaty with the United States as "rotten".

Speaking before the hearing, Mr O'Dwyer said he was "surprised" when police officers from the UK and America seized equipment at his home in South Yorkshire in November 2010.

However, no criminal charges followed from the UK authorities.

The case was brought by the US Immigration and Customs Enforcement agency, which claims that the TVShack.net website earned "over $230,000 in advertising revenue" before US authorities obtained a warrant and seized the domain name in June 2010. </Quote>

So, Here is my issue with this to begin with. According to people who i have spoken to on this issue This 23 year old Is a English Born citizen; So what rights does any government not his own have to demand Extradition when they have no jurisdiction over that party. <- Source requested, only because i don't know enough about the Go between on the extradition treaty between the US and UK.

That Aside, How can HOSTING links be any different the Google, The guys site was not a file share site where you directly download Copywrited material, So In essence HOW is this breaking ANY CURRENT laws in effect. The only law that I know of currently is SOPA which at last check was put on the back burner. This being said It is an AMERICAN LAW, and NOT a U.K. Law and while the Recoil of that particular gun shot would be felt globally i and forced to question how the U.S. government could think they can police the internet.

Yes The U.S. does have large servers and company's like Google are based in the US but if the great old U.S.of A is going to start blacking out the internet your going to get more servers from Japan (which there is no extradition rights, and BTW where most Illegal Sat-service up-links are gotten from) Or other countries that hold no ties to the governments- So unless i have missed something glaring here it's more feather fluffing from the Big cock-hens down below.

At the end of the day, I think this is just one more example of being bullied by the big kid in the playground and the rest of the world going, Hey at least it's not me.

People cannot police the internet with out the full co-operation of the WORLD leaders not just the U.N. As servers can be hosted in several countries with Different law status and there is hardly anything that one can do about it then what Youtube has already annoyingly done which is make content unavailable to certain countries/Regions, but that is up to the site owners, and then the question is begged who gets the right to convict the 'felon'

Which brings me round to the beginning question.

If this 23year old is U.K. born, then why the hell does the states have any right to touch one of the u.k's citizens through THEIR law Process. Someone explain this to me please.
 

Ariadne

Council Member
Aug 7, 2006
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It sure sounds unusual. I guess the story is that he broke a US law without being in the US ... which would mean that the US thinks it's entitled to police the world ... which should never be tolerated. Is there any kind of backlash or uproar in the UK?
 

PoliticalNick

The Troll Bashing Troll
Mar 8, 2011
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I would suggest that this case will be overturned on appeal. The US and Britain have an extradition treaty but it pertains to offenses committed on US soil and a person residing in Britain or vice versa. The US cannot enforce their laws within another sovereign nation, simple as that. If this is held up they will start a cascade of countries trying to charge people for breaking their laws while in a foreign nation. I wouldn't be surprised to see this end up being fought out in The Hague in the end.
 

AyameTaylor

Nominee Member
Oct 4, 2011
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Calgary Alberta
@Ariadne -Yes there is a HUGE uproar In the UK right now over the issue.

@Political Nick: Apparently, A UK judge has ruled to extradite, but i don't understand how this would work or how the idea of this being allowed to follow through. The very idea is mind boggling, and when cupping that with a HUGE explosion of U.S. trying to bully their way in to being a new world police force is kinda frightening to be honest.

PIPA, SOPA,ACTA Extradition of foreign citizens from their nation for acts committed by while on their nation of births soil. The exuberant call from the FBI to scrape Social networking sites for information that will help put together an alert list. This is just all too much at once to be anything but a political push for something.

honestly i think the larger picture is really something so simple people cant see it for the forest of monotony that is being spewed through the us of a's teeth. The proverbial word vomit is trying to cover up the very real fact that america is so massively in debt they cannot hope to pay it back any time soon, and with the world's economic foundations slipping It would appear as if they are trying to play chess with the political stage to in essence create the same working force as the uplift from the great depression.

I don't know this all seems suspect. Or am I missing something glaring?
 

Cliffy

Standing Member
Nov 19, 2008
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The Yanks have been emboldened by Canada extraditing Marc Emery for a supposed crime committed against the US from Canadian soil. The US doesn't want to be the police of the world, they just want to be the biggest bully in the sand box.
 

AyameTaylor

Nominee Member
Oct 4, 2011
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The Yanks have been emboldened by Canada extraditing Marc Emery for a supposed crime committed against the US from Canadian soil. The US doesn't want to be the police of the world, they just want to be the biggest bully in the sand box.

But isn't that the Same thing? At the end of the day, sadly this world is based off of who has the biggest guns and most to loose. In this it's also the bravado of, I have more military then you and in this, I am going to tell you what to do.

I have watched this same behavior unfolding since i was but a tike in Kinder-garden, and We where all taught that bullying is wrong, yet we sit back and watch as WORLD LEADERS take the center stage and prove the exact opposite to the children of the world.

This crap honestly has to stop; It's going too far.

When is the world going to look at the over stuffed fat-cat bully and tell them to shove off? Yeah, America may have "BIG GUNS" but so does the majority of the rest of the world, and in this no one can use them because if they do at the end of it all, there will be no one left and it's pretty much the end.

I don't know what to say on this issue, any further. Simply because it's hard for me to voice most opinions as I have said I am not nearly as informed on the subject of the article i have supplied, however. I do think that the people need to pull the thumbs out of their but and take a look around.

On the other side of that coin, one could and probably will argue that if a nation is willing to follow along side with another nations demands then isn't it their own fault for perpetuating the cycle.

I don't know: at the end of the day what will be will be, and this is really tied in to the whole "Illegal links, and Human rights to creative expression and competitive markets." Why should google be allowed to exist when they link copywrited meterial all the time.
 

EagleSmack

Hall of Fame Member
Feb 16, 2005
44,168
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USA
When is the world going to look at the over stuffed fat-cat bully and tell them to shove off? Yeah, America may have "BIG GUNS" but so does the majority of the rest of the world, and in this no one can use them because if they do at the end of it all, there will be no one left and it's pretty much the end.

.

Yeah but we got bigger guns.

I think you've got big gun envy. :)
 

Niflmir

A modern nomad
Dec 18, 2006
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Leiden, the Netherlands
Various nations around the world have been testing the waters with enforcing their laws on some other country's soil for a while now.

I believe it may be a crime in the US to plan a trip to the Netherlands to smoke marijuana. I believe it is a crime in Canada to go abroad and have sex with a minor (as defined by Canada, who recently rose the age to 16 from 14). There are similar laws in other nations, but they slip my mind at the moment.

But if you are willing to go down that slope (and most people will when you evoke the child abuse card), if you are willing to grant that where the crime was committed doesn't matter to whether you broke the law or not, then this is the next logical step. A nation can apply for an extradition order for whatever they want, it is up to the nation which receives the order whether they give up the individual for those reasons or not.

Of course, even if they do not extradite him, Mr. O'Dwyer better not ever plan a trip through the USA.
 

Cliffy

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Nov 19, 2008
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Never heard of it. Obviously you have.
Jacked up 4X4s with all the bells and whistles that never see a dirt road, Hummers, Corvettes, Ferraris, etc. Any vehicle that projects a macho virile persona. Usually driven by men who have doubts about their virility and/or small penis syndrome, who have to brag about how big their guns are. If a woman is driving one, it becomes a Penis Envy Vehicle.

We made this up over coffee one morning about 5 years ago when A dodge 4x4 drove by with every chrome and plastic add on possible jacked up so high he needed a ladder to get into it.
 

EagleSmack

Hall of Fame Member
Feb 16, 2005
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Jacked up 4X4s with all the bells and whistles that never see a dirt road, Hummers, Corvettes, Ferraris, etc. Any vehicle that projects a macho virile persona. Usually driven by men who have doubts about their virility and/or small penis syndrome, who have to brag about how big their guns are. If a woman is driving one, it becomes a Penis Envy Vehicle.

We made this up over coffee one morning about 5 years ago when A dodge 4x4 drove by with every chrome and plastic add on possible jacked up so high he needed a ladder to get into it.

Oh ok... I getcha. No I don't have a vehicle like that. I've got a four door Chevy Malibu... gray... bought used too!

I don't complain about other people's big guns or envy them either.
 

The Old Medic

Council Member
May 16, 2010
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Sorry, but this CRIMINAL is being extradited, and he will spend time in prison if he is convicted.

What he did is theft, pure and simple. And those that excuse it, would be screaming bloody murder if he stole THEIR stuff.
 

Praxius

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Dec 18, 2007
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..... That Aside, How can HOSTING links be any different the Google, The guys site was not a file share site where you directly download Copywrited material, So In essence HOW is this breaking ANY CURRENT laws in effect.

Simple answer?

Marc Emery.... he just sold pot seeds, which contain no THC, and some of his clients were in the US. So rather than the US cleaning up their own mess behind their own border with their own growers and dealers, they take the easy way and push other countries to give up a fall guy, even if they never broke any laws.

You can't break a country's laws if you're not even in the country when you do whatever it is you're claimed of doing, especially if what you're doing is legal in the country you're living in. Those US Citizens using this guy's links are the guilty ones.... the guys in the US who bought pot seeds from Marc Emery were the guilty ones breaking US law.

Funny thing is that Marc Emery got jailed for every pot seed he sold the undercover guys from the US who bought from him, while in Canada.... and with the help of Canadian police at that.

Now if it truly was a Canadian concern, why didn't Canadian police take him down earlier? Why was he even allowed to setup shop in the first place??

I've kind of wandered into a completely different topic, but actually there are many similarities between Marc Emery and this guy..... and it's pretty easy to figure out how this story is going to end.

He won't be the last.
 

Blackleaf

Hall of Fame Member
Oct 9, 2004
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This extradition treaty between Britain and the US is unfairly biased in America's favour.

We have British sitizens being extradited to the US for crimes which they didn't even commit in the US.

And we have British citizens being extradited to the US when the "crime" they supposedly committed in Britain is not even a crime in Britain.



Just last month a 65 year old retired British businessman, Christopher Tappin, was extradited to the US after the US accused him of selling batteries for missiles to Iran. He denies the charges. As he arrived at Heathrow Airport on 24th February to fly to El Paso, Texas, Mr Tappin described his treatment as "disgraceful."

The European Court of Human Rights failed to intervene, even though it recently stopped Britain from extraditing the hate cleric Abu Qatata to Jordan where he is wanted for terrorism offences.

Mr Tappin said: "I look to Mr Cameron to look after my rights and he has failed to do so.

"The Conservative government, while in opposition, promised to reform the law and they failed to do so and they've let me down, they've let you down, they've let the whole country down."

Mr Tappin said he was "not very confident at all" about the case because his witnesses were not permitted to testify via video and would not appear in person in the US.

"I have certainly got enough facts to support my case but without the witnesses, their testimony, it's going to be very difficult," he said.

"We believe there is no evidence... By virtue of an accusation they are allowed to extradite people from one country to another."

Speaking to the BBC earlier, Mr Tappin attacked the UK-US Extradition Treaty, saying: "I feel that I have been treated very unfairly by the whole system. I thought that the British justice system is there to protect me and I found that my rights have been taken away from me."

Comparing his case to that of preacher Abu Qatada, whose deportation from the UK was recently blocked by the European Court of Human Rights, Mr Tappin said: "I feel that I don't have any human rights because I'm not a terrorist. If I was a terrorist, I would have more rights."

Critics of the treaty say that it makes the extradition of British nationals easier because the US has to produce less evidence to support their case.

But last year, a massive review of extradition by a senior judge found that the treaty was fair to British citizens.

Ahead of Mr Tappin's extradition, Fair Trials International said nothing had been done about extradition reform after "years of talk".

"It is high time the government brings forward concrete proposals to build much-needed safeguards into our laws," chief executive Jago Russell said.

Isabella Sankey, of civil rights group Liberty, said: "No British court has ever been allowed to examine any evidence against Christopher Tappin or consider whether he should be tried here.

"Even if a US jury eventually finds him not guilty, he'll still spend years in a Texan jail awaiting trial - thousands of miles from his home and sick wife.

"No-one is immune from such unfair treatment and it's high time the government put some common sense and compassion back into our extradition laws."

http://www.bbc.co.uk/news/uk-england-london-17146487

Thankfully, though, British Prime Minister David Cameron, who is in the US to have talks with Obama, has said that he will enter talks with Obama about getting the treaty changed and making it fairer.
 
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WLDB

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Jun 24, 2011
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Sorry, but this CRIMINAL is being extradited, and he will spend time in prison if he is convicted.

What he did is theft, pure and simple. And those that excuse it, would be screaming bloody murder if he stole THEIR stuff.

And he did it in the UK. The US has no jurisdiction over what goes on there. If he is to be prosecuted it should be in the UK under their own laws.
 

Cliffy

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Nov 19, 2008
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Interesting! The US can demand extradition of people from other countries to be held in the US but they sneak their own out of other countries so they can't be held for trial in countries they commit crimes in. Nice bit of hypocrisy, or what? Must be nice to be the biggest bully in the sand box (for now). Can't wait until a new bully comes along and smacks them down once and for all.
 
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