Copyright Infringement. Be careful who you linking with. Jail possible...

84 replies
News by The Enquirer.net - No Affiliate Link

A 23-YEAR-OLD BRITISH COMPUTER STUDENT faces possible extradition to the US for linking to copyrighted content on his website.

The student, Richard O'Dwyer, was accused of copyright infringement after setting up the website TV Shack, which had links to thousands of films and TV shows, but did not directly host them.

The website was seized by US Immigration and Customs Enforcement. O'Dywer was arrested on 23 May, taken to Wandsworth prison and then released on a £3,000 bail paid by his aunt.

Now he faces extradition to the US, where he could get up to five years in prison if found guilty of infringing copyrighted material, according to the Metro newspaper.

He has vowed to fight the extradition attempt and his mother has pleaded with the UK government to "bring some common sense" to the entire affair and deny the extradition demand, which she called disproportionate, unnecessary and deeply truamatic.

She said that her son was foolish in not understanding the implications of copyright and said he was talented in web design, a skill he likely gained during his computer sciences studies at Sheffield Hallam University. Not properly understanding the law is unlikely an excuse that will wash with the courts, however.

O'Dywer's lawer is Ben Cooper, who is also defending alleged military hacker Gary McKinnon, who equally faces extradition to the US. This is a much less serious charge than McKinnon's and Cooper has prepared a number of defence arguments, including the fact that O'Dwyer never hosted the copyright content himself and that the server was not based in the US and therefore he should not be extradited there.
O'Dwyer is due in court again on 12 September.
#careful #copyright #infringement #jail #linking
  • Profile picture of the author SamirSM
    Man! Is this seriously happening?

    I bet the guys overseeing the creation and distribution of hundreds of thousands of pirated MS Win7 DVDs found in China deserved extradition more than this dude!

    Originally Posted by Meharis View Post

    News by The Enquirer.net - No Affiliate Link

    A 23-YEAR-OLD BRITISH COMPUTER STUDENT faces possible extradition to the US for linking to copyrighted content on his website.

    The student, Richard O'Dwyer, was accused of copyright infringement after setting up the website TV Shack, which had links to thousands of films and TV shows, but did not directly host them.

    The website was seized by US Immigration and Customs Enforcement. O'Dywer was arrested on 23 May, taken to Wandsworth prison and then released on a £3,000 bail paid by his aunt.

    Now he faces extradition to the US, where he could get up to five years in prison if found guilty of infringing copyrighted material, according to the Metro newspaper.

    He has vowed to fight the extradition attempt and his mother has pleaded with the UK government to "bring some common sense" to the entire affair and deny the extradition demand, which she called disproportionate, unnecessary and deeply truamatic.

    She said that her son was foolish in not understanding the implications of copyright and said he was talented in web design, a skill he likely gained during his computer sciences studies at Sheffield Hallam University. Not properly understanding the law is unlikely an excuse that will wash with the courts, however.

    O'Dywer's lawer is Ben Cooper, who is also defending alleged military hacker Gary McKinnon, who equally faces extradition to the US. This is a much less serious charge than McKinnon's and Cooper has prepared a number of defence arguments, including the fact that O'Dwyer never hosted the copyright content himself and that the server was not based in the US and therefore he should not be extradited there.
    O'Dwyer is due in court again on 12 September.
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    • Profile picture of the author hardraysnight
      Originally Posted by indihow View Post

      Man! Is this seriously happening?

      I bet the guys overseeing the creation and distribution of hundreds of thousands of pirated MS Win7 DVDs found in China deserved extradition more than this dude!
      you can buy pirate copies of anything anywhere

      perhaps it is time the software moguls had a sale

      make the prices affordable instead of paddng huge foundations

      you know little of china tis obvious
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  • Profile picture of the author steveduval
    That's unbelievable, how could this happen?

    The thing is the internet is world wide and one law in say the US may not be law in the united Kingdom, Wow I just cannot believe this..
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    • Profile picture of the author Thomas
      Originally Posted by steveduval View Post

      ...how could this happen?
      It probably won't but, if it does, it may well be because he's British: I'd wager the now infamous imbalances in the present US-UK extradition treaty (which were brought to public attention in Britain by the Gary McKinnon case) are being brought into play again.

      If it proceeds further, I suspect the story will become less about alleged copyright infringements (though, apparently, what he's accused of isn't even a crime in the US anyway) and more about the British government finally being forced to tear up the present agreement by the sheer weight of public pressure against it, no doubt intensified by the the British media, who will have an absolute field-day with it. (Actually, despite this story being just a few hours old, they already are.)
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by Meharis View Post

    Now he faces extradition to the US, where he could get up to five years in prison if found guilty of infringing copyrighted material, according to the Metro newspaper.
    How can that be so, if it isn't even a criminal offense?

    You can't be sent to prison, in the US, for breaching people's civil law rights, surely? :confused:

    Something doesn't add up, there ... "jail possible" and "not a criminal offense" are mutually exclusive, I think?
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    • Profile picture of the author scrofford
      Originally Posted by Alexa Smith View Post

      How can that be so, if it isn't even a criminal offense?

      You can't be sent to prison, in the US, for breaching people's civil law rights, surely? :confused:

      Something doesn't add up, there ... "jail possible" and "not a criminal offense" are mutually exclusive, I think?
      EXACTLY! There's no way you are going to go to jail here in the U.S. for copyright infringement. It's civil law all the way. I just tried to go to the website and there doesn't seem to be one. Maybe I'm typing it in wrong? TheEnquirer.net OP you might want to put the link on here. Either way, it sounds fishy and silly.
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    • Profile picture of the author NicheMayhem
      This reminds me of the guy selling pot seeds in Canada, Marc Emery. He really is currently serving a 5 year sentence in an American prison. I remember hearing Senator Larry Campbell, mayor of Vancouver, and former member of RCMP Drug Squad saying:

      "The United States sells illegal guns to Canadian residents via the internet, does that mean we go and extradite the gun makers and put them in Canadian prisons? Or do we seek out and prosecute the Canadian residents who bought illegal goods?"

      At least, in Marc Emery's case, it is actually illegal to distribute those seeds in the US. I think it is absolutely ridiculous for the US to even attempt things like this, makes us all look like big red necked bullies. This guy is subject to UK law. The bloated enforcement abilities of extradition were meant for terrorists, file sharing isn't terrorism.

      No wonder the entire world seems to be increasingly getting the s**ts of the US.
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      • Profile picture of the author kwanchen
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        • Profile picture of the author espresso
          Originally Posted by kwanchen View Post

          Crime is crime! No matter where it occurred. If you break Law, you must pay the price for your misdeed! Simple.

          I wish we have our own NDAA and SOPA here in Singapore! Very useful for hooligans!
          he broke no UK law ans I dont believe Swedish or EU law either
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  • Profile picture of the author Liam Ireland
    Hmm, it just seems like some more newspaper junk to me...
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    • Profile picture of the author Meharis
      Originally Posted by Liam Ireland View Post

      Hmm, it just seems like some more newspaper junk to me...
      You may find out very easily...
      Just do the same and see what happen.
      Meharis
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  • Profile picture of the author Nicola Lane
    From a possibly credible source - the BBC

    BBC News - Student faces US extradition over copyright charges

    "If Mr O'Dwyer is extradited he faces one count of conspiracy to commit copyright infringement and one of criminal infringement of copyright."
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by Nicola Lane View Post

      "If Mr O'Dwyer is extradited he faces one count of conspiracy to commit copyright infringement and one of criminal infringement of copyright."
      Thanks, Nicola.

      I see ... so, it is (allegedly) a criminal offense, then? (Or there's a potential criminal offense which they might be able to try to make a noise about attaching to it and that's how they'd like it to come across, anyway).

      If they extradite him for that (without a guarantee of "no jail", anyway), you can call me ... well, you can call me anything you like, really ...
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  • Profile picture of the author latman
    this is scary!
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  • Profile picture of the author scrofford
    Ok saw the article...yeah criminal infringement, and I didn't realize someone could actually be charged criminally for copyright infringement. Very very stupid!

    It seems to me our great *cough* U.S. Government is again being stupid and just looking to ruin people's lives. I am really considering moving out of the U.S. This is getting bad.

    Also, it doesn't seem by the article he broke any laws really. Maybe there is more to it but how in the world can they come up with criminal charges over something like this?
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  • Profile picture of the author Ken Durham
    so, our government is going to waste considerable money to get their hands on a kid that "linked" to thousands of videos?

    Dear Mr. President, on your way to pick up this dangerous criminal, would you please see if you could stop by and have a word with the people running the crack house down the road?

    Thank you....
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    • Profile picture of the author Laurie Rogers
      Originally Posted by Ken Durham View Post

      Dear Mr. President, on your way to pick up this dangerous criminal, would you please see if you could stop by and have a word with the people running the crack house down the road? Thank you....
      LMAO, no kidding or maybe the problem is Mr. President is buying from the crack house down the road. Honestly, this stuff is really getting out of hand, it's just down right stupidity and more money being wasted in a time where people are in pure madness over the economy. Like damn, give some of the people their houses back with that money.
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  • Profile picture of the author tehnolife
    Banned
    WOW...This left me thinking how the world became....

    Soon , for linking on your site to a free movie, you'll be jail mate with criminals and terrorists...

    I think they should focus on real crimes.... because many criminals that killed and ruined people's lives are FREE!
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  • Profile picture of the author Jack Duncan
    I could be incorrect on this...but I believe the criminal infringement charge would be based on the NET Act which was a U.S. Federal Law passed in 1997.

    From Wikipedia:
    The NET Act amended the definition of "commercial advantage or private financial gain" to include the "receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works" (17 USC 101), and specifies penalties of up to five years in prison and up to $250,000 in fines.
    I'm curious for more info from a brainy, Warrior lawyer who could chime in on how big sites like YouTube are never charged with criminal copyright infringement under the NET Act.
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  • Profile picture of the author Ben Gordon
    Wow, movies that are distributed are taken very seriously... I never knew you could get such fines for distributing content! Next time somebody distributes my eBook without permission, I also want to press charges!
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  • Ok, so out of 1,000,000+ daily torrents that are downloaded this day,

    This guy gets busted.

    Talk about BAD FREAKIN luck man!

    Originally Posted by Ben Gordon View Post

    Wow, movies that are distributed are taken very seriously... I never knew you could get such fines for distributing content! Next time somebody distributes my eBook without permission, I also want to press charges!
    Haha! Thats right! Guess this can go with anything really. you cant do anything anymore without the gov up your butt!
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    • Profile picture of the author Rashell
      Originally Posted by DanDasilva15YearOldIM View Post

      Ok, so out of 1,000,000+ daily torrents that are downloaded this day,

      This guy gets busted.

      Talk about BAD FREAKIN luck man!



      Haha! Thats right! Guess this can go with anything really. you cant do anything anymore without the gov up your butt!
      I think his bad "luck" started right after he made the decision to clone the website officials had just seized changing only the .net to .cc

      Student faces extradition to US over TV website - Telegraph

      "US Immigration and Customs Enforcement seized the web address TVShack.net last July. Mr O'Dwyer moved it to TVShack.cc, but in November that address was also seized. His mother said he shut down the site after being contacted by police"
      Although what he was doing wasn't illegal in the UK he was doing something that allowed US officials to justifiably seize his 1st site and UK officials to assist in the effort.

      Putting up the 2nd without assuring he'd dotted i's and crossed t's (aka consulted with a copyright attorney) was just reckless disregard to common sense.

      Rashell
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  • Profile picture of the author WDM
    It always made me wonder how the US copyright laws would work on the internet with all the other countries. Not UK in particular but im sure places in the Middle East or other places more behind on technology don't even have laws about internet usage.
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  • Profile picture of the author Vanessa Reece
    I thought the US had an over crowding problem in their prisons...really prison time and not a fine or community service if found guilty? Really?

    V
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  • Profile picture of the author VegasGreg
    LESSON TO BE LEARNED:

    Don't do shady **** and you won't have to worry about paying the fine or doing the time.
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    • Profile picture of the author scrofford
      Originally Posted by VegasGreg View Post

      LESSON TO BE LEARNED:

      Don't do shady **** and you won't have to worry about paying the fine or doing the time.
      That's not true at all. There are people who do things that are perfectly legal all the time here in the U.S. and get screwed by our wonderful government.

      From what I read in the article, he didn't do anything wrong really wrong. Certainly not enough to face prison time. If you still believe that our justice system is fair and based on truth and justice for all, all I have to ask is where have you been in the last decade? The justice system is FOR the government and for lining all the politicians pockets.

      They don't care about you or me or about anything except for making money and ruining people's lives. If they can find a way to get to your wallet and have you serve time, they will and it doesn't matter if you are "innocent."
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  • Profile picture of the author sameerjoad
    sad to see this, but its a lesson to learn. Even after seeing those big flashy messages on popular sites like 'this site has been sized by the bla bla bla' why do people go and make clones of the same site in the same niche 'movies and tv series'.

    I remember i use to watch movies online on a site called watch movies online.TLD, that guy moved it around 18 times (including a server in Antarctica? lol) before he finally gave up. He had money to save his azz, this guy however is just a beginner.
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  • Profile picture of the author Michael Meaney
    I don't see the US government trying to take Google to court for indexing the same links in their SERPs.
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    • Profile picture of the author mosthost
      Originally Posted by Mick Meaney View Post

      I don't see the US government trying to take Google to court for indexing the same links in their SERPs.
      Google is a 'Safe Harbor' legally. They aren't responsible for anything.
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  • Profile picture of the author bayumaulana2003
    i think it`s a silly thing..
    don`t let the negative story/news come in to your mind..
    just keep moving...
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    • Profile picture of the author Kay King
      I had to think about this one - and do some research. I think the U.S. is making it clear they are going after cyber criminals wherever they reside.

      There are hidden sites online where people buy and sell stolen credit accounts and IDs. We know those are criminal sites. There are other sites/blogs that give the link to those ID theft sites to help people find them - would you say that is an innocent activity?

      This guy knew what he was doing - he was linking to sites giving away pirated material. We're told he didn't host in the U.S. - but we aren't told who owned the rights to the pirated products.

      In the U.K. there have been problems extraditing internet criminals to the U.S. One fight has been going on for 8 years or more as the U.S. tries to get custody of a UK citizen who hacked NASA and the Pentagon. He admits he did it - but the UK has allowed him to play the system for years to avoid being extradited.

      Then there's this guy

      Facebook hacker faces extradition to US in echo of Gary McKinnon case | Mail Online

      Extradition treaties are in place so criminals can be prosecuted by the country affected by their crimes. We're going to see more stories like this as cyber crimes begin to be taken seriously.

      kay
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      • Profile picture of the author Kay King
        "US Immigration and Customs Enforcement seized the web address TVShack.net last July. Mr O'Dwyer moved it to TVShack.cc, but in November that address was also seized. His mother said he shut down the site after being contacted by police"
        Not sure which would be more embarrassing - doing something foolish like opening a new site when you know you are in trouble...or being 23 and having your mother speak for you
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      • Profile picture of the author hardraysnight
        'This guy knew what he was doing - he was linking to sites giving away pirated material. We're told he didn't host in the U.S. - but we aren't told who owned the rights to the pirated products.'

        So charge MSN Bing. they link to sites giving away pirated materials. Any 12 year old knows how to type the word 'torrents.'
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        • Profile picture of the author Kay King
          So charge MSN Bing. they link to sites giving away pirated materials. Any 12 year old knows how to type the word 'torrents.'
          You are missing the point. I'm not defending the action - but sometimes you need to look at the entire picture and understand what is happening and what the motivation is.

          Knowing how to do something isn't a license to do it. I think the appearance of aggressive prosecution is the point being made.

          kay
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  • Profile picture of the author Hamza
    there is something that doesn't make any sense here

    If he is not hosting the copyrighted materials on his own servers, why would they take any legal action against the guy who is only linking while they can be going after the people who actually run those servers where the stuff is hosted ????

    Which is gonna be more effective from their prospective because there might be other people who are linking to the same servers out there, so why not shut down the source ??

    Hamza.
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  • Profile picture of the author NerdGary
    Not sure about jail time... What usually happens is you get a "cease and desist" letter.. then you must take that content down.
    It happened to me with one of my autoblogs a year ago....which is why i completely stopped using them.
    I guess it also depends what country you are in...
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  • Profile picture of the author GarrieWilson
    This is what happens when corporations run the government.

    IMHO linking alone should be a first amendment issue. The US gov should go after the people uploading the videos. But they can't. Most of them are in "safe zones" or appear to be. So the gov is doing like they do w/ the war on drugs, go after the pusher.

    Pointless and a waste of tax dollars.

    Garrie
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  • Profile picture of the author seasoned
    Actually, it IS a crime, and can be pretty bad. Apparently you CAN get thrown in jail. From U.S. Copyright Office: No Electronic Theft (NET) Act of 1997 folks!!!!!!

    The Copyright Act provides for both civil and criminal liability for acts of copyright infringement. 17 U.S.C., Chapter 5. Infringement is a crime only where it is done “willfully and for purposes of commercial advantage or private financial gain.” 17 U.S.C. § 506(a). The penalties for criminal infringement, set forth in Title 18 of the U.S. Code, are determined by its extent: if the infringer has made, in any 180-day period, ten or more copies of one or more copyrighted works with a total retail value of $2,500, the crime is a felony entailing up to five years imprisonment and/or a fine of up to $250,000 for individuals and $500,000 for organizations. 18 U.S.C. §§ 2319(a), 3571(b). For cases not meeting this threshold, the crime is a misdemeanor, with the maximum penalty of imprisonment for up to one year and/or a fine of up to $25,000 for individuals and $100,000 for organizations. Id. §§ 2319(c), 3571(b). There is also an increased penalty for repeat offenders, authorizing a sentence of up to 10 years. Id. § 2319(b).
    And if he linked to movies, etc... he ****KNEW**** it was AGAINST THE LAW!

    She said that her son was foolish in not understanding the implications of copyright and said he was talented in web design, a skill he likely gained during his computer sciences studies at Sheffield Hallam University. Not properly understanding the law is unlikely an excuse that will wash with the courts, however.
    WEB DESIGN!?!?!? And he didn't know laws that would allow him to stay in such a business?

    Steve
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    • Profile picture of the author scrofford
      Originally Posted by seasoned View Post

      Actually, it IS a crime, and can be pretty bad. Apparently you CAN get thrown in jail. From U.S. Copyright Office: No Electronic Theft (NET) Act of 1997 folks!!!!!!



      And if he linked to movies, etc... he ****KNEW**** it was AGAINST THE LAW!



      WEB DESIGN!?!?!? And he didn't know laws that would allow him to stay in such a business?

      Steve
      Yeah but just linking to the site isn't copyright infringement. He didn't even host the movies. I don't really see how that law applies. On the other hand the article really didn't go into a lot of detail about exactly what he did. One thing I will say again though is our great U.S. government seems to be gunning for anyone they can get who is making some kind of money online. It doesn't matter where you are, they will hunt you down.

      I'm not one to advocate copyright infringement or doing things illegal online, but a lot of what the U.S. government is doing is ridiculous.
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      • Profile picture of the author espresso
        NEWS: He last his case in court today
        can appeal but not looking good

        'Piracy' student loses US extradition battle over copyright infringement | Law | The Guardian
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        • Profile picture of the author Nightengale
          Wow!

          Hamza is right: it seems like not everything is being told here. It's criminal copyright infringement if you link to illegal downloads??? Seems to me they ought to hold the source responsible, not linkers. Geez!

          And extraditing a foreign national over it? Seems like overkill to me.

          But then again, if they're doing it in the name of protecting us against terrorism, it makes a weird kind of sense. I don't agree with it, but it makes sense that they'd be testing it out...

          Michelle
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          • Profile picture of the author Black Hat Cat
            Banned
            Originally Posted by Nightengale View Post

            Wow!

            Hamza is right: it seems like not everything is being told here. It's criminal copyright infringement if you link to illegal downloads??? Seems to me they ought to hold the source responsible, not linkers. Geez!

            Michelle
            So, if a bank teller gives her bank robber friend the key to the safe, but doesn't actually steal the money herself, you think she should go unpunished? It's called being an accessory to a crime. They should hold both responsible.

            Now, is the government going overboard here? Yeah, just a little bit. But let's not pretend this kid is any less guilty than the "source".

            I guarantee that a majority of the people in this forum (and possibly even this forum itself) has done things that would be considered illegal in China. I'd hate to have to be looking over my shoulder for legalities in other Countries.
            If the kid was stealing/linking to copyrighted UK material only, it wouldn't have been an issue, at least not for the U.S. As long as you aren't doing anything TO anyone in China, you don't have to look over your shoulder. Concoct a scheme of some kind that steals from a Chinese bank, and I guarantee you will likely be prosecuted for it.
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    • Profile picture of the author tehnolife
      Banned
      Again you are talking about something you barely know!!

      Linking to movies,games, music ISN'T copyright infringement. Hosting music,movies, images from other parties is illegal.


      Next time please make research after you post something like this.

      EDIT: I am not a lawyer , but I have a few friends that are. I talked to them about the "internet problems" , and they said that just for linking to a free movie,music,game...etc you won't get to prison!!( this was 1 or 2 years ago- I am sure that the laws haven't changed so much).


      Originally Posted by seasoned View Post

      Actually, it IS a crime, and can be pretty bad. Apparently you CAN get thrown in jail. From U.S. Copyright Office: No Electronic Theft (NET) Act of 1997 folks!!!!!!



      And if he linked to movies, etc... he ****KNEW**** it was AGAINST THE LAW!



      WEB DESIGN!?!?!? And he didn't know laws that would allow him to stay in such a business?

      Steve
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      • Profile picture of the author Kay King
        Next time please make research after you post something like this.
        An are you qualified to interpret the law? Somehow I doubt it.

        If you are providing links to a site where you KNOW the material being distributed is pirated product - you are not an innocent bystander.

        This might have been over when the first site was shut down - except the idiot just started another site immediately doing the same thing.

        He won't be extradited - but his life will be disrupted. If you are going to operate on the edge - at least man up when you are called out on it.
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        • Profile picture of the author tehnolife
          Banned
          No, I am not qualified, but I have a few friends that are lawyers and I talked to them about the "internet problems" , and they said that just for linking to a free movie,music,game...etc you won't get to prison!!( this was 1 or 2 years ago- I am sure that the laws haven't changed so much).

          If the first site was shutdown , then he is very stupid for opening a new one!! ( I didn't find that in the article-probably I didn't read carefully?)

          Yes, you are right that his life will be disrupted, but far from getting to prison or facing extradition.



          Originally Posted by Kay King View Post

          An are you qualified to interpret the law? Somehow I doubt it.

          If you are providing links to a site where you KNOW the material being distributed is pirated product - you are not an innocent bystander.

          This might have been over when the first site was shut down - except the idiot just started another site immediately doing the same thing.

          He won't be extradited - but his life will be disrupted. If you are going to operate on the edge - at least man up when you are called out on it.
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      • Profile picture of the author Rashell
        Originally Posted by tehnolife View Post

        Again you are talking about something you barely know!!

        Linking to movies,games, music ISN'T copyright infringement. Hosting music,movies, images from other parties is illegal.


        Next time please make research after you post something like this.
        Please reference

        BBC News - Student faces US extradition over copyright charges

        paragraph 7

        If Mr O'Dwyer is extradited he faces one count of conspiracy to commit copyright infringement and one of criminal infringement of copyright.
        I presume, if he's found guilty of conspiracy that opens the door for the criminal infringement. (Not a lawyer). I presume, based on his sequence of actions US Prosecutors feel he intended to willfully help people steal by creating a convenient hub to do so. One from which he also profited. (Again, not a lawyer).

        Rashell
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      • Profile picture of the author Thomas
        Originally Posted by Kay King View Post

        In the U.K. there have been problems extraditing internet criminals to the U.S. One fight has been going on for 8 years or more as the U.S. tries to get custody of a UK citizen who hacked NASA and the Pentagon. He admits he did it - but the UK has allowed him to play the system for years to avoid being extradited... Extradition treaties are in place so criminals can be prosecuted by the country affected by their crimes.
        Kay,

        You're only seeing things from a US perspective, which is fair enough (since that's where you are).

        However, the Gary McKinnon case (which is the one you alluded to) hasn't continued for so long because the British are letting him "play the system". It has been going on for so long because, to be honest, the British Courts are as uneasy about the present US-UK extradition treaty as the general population is. The problem is that it (the treaty) allows the US to accuse Britons of crimes in US jurisdiction often based on little more than the accusation itself (and, in some cases, based on nothing at all, given that certain evidence can be withheld on national security grounds). However, there's no real quid pro quo; for example, the US has refused for many years to even consider the extradition of Americans (and some non-Americans living in the US) accused of terrorism offences in the United Kingdom.

        The ill-feeling about such an unbalanced relationship among the British population is being further driven by frequent media editorial and opinion on that very fact. They all ask why are the Americans demanding the extradition of Britons accused of crimes that are substantially lower down the scale in seriousness compared to those Americans that it refuses to extradite to Britain, despite, in some cases, literally reams of evidence against them (quite a bit of which was provided to the British by the Irish government, just in case you're wondering where my interest in this comes from). And, there's a common (although mostly incorrect) perception that the US expects immediate compliance by Britain with it's demands too, which only serves to inflame ill-feeling among the (British) public even further.

        And, to makes things worse, since the new government took power in the UK last year, quite a few British politicans have begun to speak out against the present treaty with the US. If the US continues to pursue such "lesser" (alleged) criminals, while still continuing to refuse to extradite certain Americans accused of terrorism, then quite a few (much more senior) political figures will likely be joining them, spurred on by increased ill-feeling among the public and the media, until things ultimately reach breaking point, at which stage I believe that, unless it can be amended to become more balanced, the British government may feel compelled to simply tear up the current treaty altogether, a move that will not only be damaging to trans-Atlantic relations, but would likely allow people who really should face extradition to completely avoid it.

        None of the above is meant to imply that genuine criminals shouldn't be extradited where appropriate... only that things aren't always as black and white as they seem on the surface.
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        • Profile picture of the author Kay King
          the British Courts are as uneasy about the present US-UK extradition treaty as the general population is
          I agree with that view. The global nature of the internet isn't suited for old style extradition treaties. Extradition should not be easy - but it shouldn't be an excuse to escape punishment either.

          If the treaties are the problem - change the treaties. Countries can do that.

          It could be future internet crimes will be prosecuted by the country of residence of the criminal - rather than by extradition. Treaties for that might work - but allowing people to avoid punishment makes no sense.

          kay
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    • Profile picture of the author Black Hat Cat
      Banned
      Originally Posted by seasoned View Post

      Actually, it IS a crime, and can be pretty bad. Apparently you CAN get thrown in jail. From U.S. Copyright Office: No Electronic Theft (NET) Act of 1997 folks!!!!!!



      And if he linked to movies, etc... he ****KNEW**** it was AGAINST THE LAW!


      What you posted says nothing about linking to content. And living in the UK means it's quite possible he doesn't know it's against U.S. law.
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    • Profile picture of the author Sardent
      I don't see how linking violates anything you quoted?

      Originally Posted by seasoned View Post

      Actually, it IS a crime, and can be pretty bad. Apparently you CAN get thrown in jail. From U.S. Copyright Office: No Electronic Theft (NET) Act of 1997 folks!!!!!!



      And if he linked to movies, etc... he ****KNEW**** it was AGAINST THE LAW!



      WEB DESIGN!?!?!? And he didn't know laws that would allow him to stay in such a business?

      Steve
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  • Profile picture of the author hardraysnight
    One more point

    If this crime is so heinous, why is the site still open?

    I searched, opened the site, typed in the name of a movie, and the movie appeared. i stopped it and the next page went to view or download. I stopped here.

    The wheels of justice are indeed slow, or is it the old adage, a man is innocent until proven guilty?
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  • Profile picture of the author Mike Hill
    Holy crap... come on people you can't seriously believe everything you read can you? Look where the story is coming from... The Enquirer ... they are famous for their headlines stretching the truth.

    Think about it, this tabloid stretches the truth to the realm of "unbelievable" on major headline news topics that surface. This is how they sell their tabloid newspaper.

    And their rights to Freedom Of Speech allow them to do it, even if it's not the truth... It's their opinion and everyone has the right to their opinion.

    Case in Point... DO NOT believe everything you read


    Hey you can't even get the site right... LOL It's TheInquirer.net NOT enquirer
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    • Profile picture of the author Meharis
      Originally Posted by Mike Hill View Post

      Holy crap... come on people you can't seriously believe everything you read can you? Look where the story is coming from... The Enquirer ... they are famous for their headlines stretching the truth.

      Think about it, this tabloid stretches the truth to the realm of "unbelievable" on major headline news topics that surface. This is how they sell their tabloid newspaper.

      And their rights to Freedom Of Speech allow them to do it, even if it's not the truth... It's their opinion and everyone has the right to their opinion.

      Case in Point... DO NOT believe everything you read


      Hey you can't even get the site right... LOL It's TheInquirer.net NOT enquirer

      "Mike Hill", I've the following suggestions:

      The article was published not just by the Enquirer. You also can read it here unless you think the BBC means nothing:
      BBC News - Student faces US extradition over copyright charges - No Affiliate link.

      You could read postings #23, 32 & 37.

      You can do the same thing this guy did or doing something different to be original. I wonder how long will it take to find you in the same situation?
      Meharis
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    • Profile picture of the author Black Hat Cat
      Banned
      Originally Posted by Mike Hill View Post

      Holy crap... come on people you can't seriously believe everything you read can you? Look where the story is coming from... The Enquirer ... they are famous for their headlines stretching the truth.

      Think about it, this tabloid stretches the truth to the realm of "unbelievable" on major headline news topics that surface. This is how they sell their tabloid newspaper.

      And their rights to Freedom Of Speech allow them to do it, even if it's not the truth... It's their opinion and everyone has the right to their opinion.

      Case in Point... DO NOT believe everything you read

      John Edwards says "Hi".
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  • Profile picture of the author Mike Hill
    [DELETED]
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    • Profile picture of the author hardraysnight
      Would the UK Guardian be more valid source or would you sooner wait until it appears in Time magazine?

      Student who ran file sharing site TVShack could face extradition to US | Law | The Guardian
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      • Profile picture of the author zmorris
        I've seen this happen numerous times. If he was not the one that published the copyrighted content, then he will probably be released. The publisher is the one who at fault, not the republisher.
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        • If you read the article it said that "his website/links" was NOT hosted on a US site.

          So sad to say, but the ONLY thing he didn't do right was to have his "website/links" hosted on a US site, according to the news article.

          If he had followed that ONE cardinal rule, he most likely would have been in the clear!

          Now, this is just my opinion based on my education and research!

          So, with that said, don't let fear get in the way of how YOU conduct your business, as long as it is ethical and within the copyright laws! Just learn from this and move on!

          Cheers,

          JMB
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          • Profile picture of the author Targeted Traffic
            thanks for this post...just a reminder for all of us to be more careful...although I don't actually get it why they're are condemning the guy so astringently..
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  • Profile picture of the author HigherPrThanGod
    Originally Posted by Meharis View Post

    News by The Enquirer.net - No Affiliate Link

    A 23-YEAR-OLD BRITISH COMPUTER STUDENT faces possible extradition to the US for linking to copyrighted content on his website.

    The student, Richard O'Dwyer, was accused of copyright infringement after setting up the website TV Shack, which had links to thousands of films and TV shows, but did not directly host them.

    The website was seized by US Immigration and Customs Enforcement. O'Dywer was arrested on 23 May, taken to Wandsworth prison and then released on a £3,000 bail paid by his aunt.

    Now he faces extradition to the US, where he could get up to five years in prison if found guilty of infringing copyrighted material, according to the Metro newspaper.

    He has vowed to fight the extradition attempt and his mother has pleaded with the UK government to "bring some common sense" to the entire affair and deny the extradition demand, which she called disproportionate, unnecessary and deeply truamatic.

    She said that her son was foolish in not understanding the implications of copyright and said he was talented in web design, a skill he likely gained during his computer sciences studies at Sheffield Hallam University. Not properly understanding the law is unlikely an excuse that will wash with the courts, however.

    O'Dywer's lawer is Ben Cooper, who is also defending alleged military hacker Gary McKinnon, who equally faces extradition to the US. This is a much less serious charge than McKinnon's and Cooper has prepared a number of defence arguments, including the fact that O'Dwyer never hosted the copyright content himself and that the server was not based in the US and therefore he should not be extradited there.
    O'Dwyer is due in court again on 12 September.
    Another nail in the coffin of THE STATE.

    The elites want total control of the internet so they can control the message. That's all this is about. They could care less about copyright.

    All we can really do is wait for the weak to imprison us all, they'll collapse and then we can start anew.
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  • Profile picture of the author weblink29
    I can't believe the US is getting involved in copyright issues. They are opening a can of worms with that one. The FCC got their foot in the door using the whole net neutrality thing. Big brother is taking over the internet slowly but surely
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  • Profile picture of the author GarrieWilson
    Mike:

    TheInquirer.net isnt the tabloid. Did you even look at it?
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    • Profile picture of the author Mike Hill
      Originally Posted by GarrieWilson View Post

      Mike:

      TheInquirer.net isnt the tabloid. Did you even look at it?

      Yeah I did ... try typing in Enquirer.net or theEnquirer.net or even News by TheEnquirer.net like the OP said and you'll see those sites are NOT news sites... HELLO

      Did you look at the OP's reference???? I think not
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      • Profile picture of the author GarrieWilson
        Originally Posted by Mike Hill View Post

        Did you look at the OP's reference???? I think not
        No. I did YOURS. That's why I quoted yours and even referenced what I was talking about.
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        • Profile picture of the author Mike Hill
          Originally Posted by GarrieWilson View Post

          No. I did YOURS. That's why I quoted yours and even referenced what I was talking about.

          Dude, you're far too vague in your other replies. In you're other replies you are leading others to believe (at least me) that you did in fact visited the other site the OP was talking about ... otherwise why bother?

          Seriously... what's the agenda?
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          • Profile picture of the author GarrieWilson
            Originally Posted by Mike Hill View Post

            Dude, you're far too vague in your other replies. In you're other replies you are leading others to believe (at least me) that you did in fact visited the other site the OP was talking about ... otherwise why bother?

            Seriously... what's the agenda?
            Talking about being vague...

            Your first reply made me believe you was correcting the URL and that you was saying the corrected URL was the tabloid.

            Assumptions like that happen when a poster starts off making fun of people for "believing everything they read." Especially when they aren't clear.

            So what was your agenda? (That's rhetorical.)

            The OP did put the incorrect spelling. They put an E instead of an I but that isn't a reason to make fun of them or others.
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            • Profile picture of the author Meharis
              Originally Posted by GarrieWilson View Post

              Talking about being vague...

              Your first reply made me believe you was correcting the URL and that you was saying the corrected URL was the tabloid.

              Assumptions like that happen when a poster starts off making fun of people for "believing everything they read." Especially when they aren't clear.

              So what was your agenda? (That's rhetorical.)

              The OP did put the incorrect spelling. They put an E instead of an I but that isn't a reason to make fun of them or others.
              GarrieWilson,
              Don't worry; just ignore it.
              The fact is I posted the whole article but, wasn't enough.
              Someone else mentioned that was on the BBC. No good either.
              That's what make them feel alive...
              Some people if they bite their own tongue they die poisoned.
              My objective was giving the info so people could be aware of
              and follow up accordingly.

              Meharis
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by Mike Hill View Post

        Yeah I did ... try typing in Enquirer.net or theEnquirer.net or even News by TheEnquirer.net like the OP said and you'll see those sites are NOT news sites... HELLO

        Did you look at the OP's reference???? I think not
        Is the BBC reliable enough for you?
        BBC News - Student faces US extradition over copyright charges
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  • Profile picture of the author Will Edwards
    I hope all those torrent sites are watching this and pooing their pants!

    Will
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  • Profile picture of the author inhwanie
    (d) Information Location Tools. -- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --

    (1)(A) does not have actual knowledge that the material or activity is infringing;

    (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

    (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

    (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

    (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

    I think he'll be okay.
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    • Profile picture of the author Heidi White
      Originally Posted by inhwanie View Post

      (1)(A) does not have actual knowledge that the material or activity is infringing;
      So, you're saying ....he didn't have actual knowledge?

      (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
      So, you're saying ...he wasn't aware?

      (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
      So, you're saying...he didn't profit from this website?

      (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.
      I think he'll be okay.
      Your post makes me more concerned for the kid, not less.
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  • Profile picture of the author JackPowers
    US law enforcement is a joke. Going after recreational non-violent drug users and people who torrent movies while financial crooks laugh all the way to the bank. I guess that's what you get for having corrupt politicians and a huge prison lobby.
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  • Profile picture of the author lowkey786
    wow that is deep... the guy can go jail for 5 years just for copyright infringement, never seen that happen before.
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  • Profile picture of the author Sandeep DG
    Let's see if the American government has what it takes to hit the massive counterfeit industry that is rampant in China ! I have never seen they prosecute someone for similar stuff who is based in China.

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  • Profile picture of the author dagaul101
    This is a little worrying for many, it looks like it will set the precedent to target those linking to copyright materials even those they don't host it, that is several business models already out of the window
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  • Profile picture of the author tpw
    A number of sites were seized under the same premises back in February, just a few days before the Super Bowl.

    They went after the linkers, because they knew it was wrong to rebroadcast the Super Bowl online, without written consent of the NFL.

    The actual streaming was done at a number of sites, but the linkers were the ones keeping everyone informed as to which IP's the illegal downloads could be streamed.

    It seems to be a stretch of the legal responsibility for hosting stolen intellectual property, but it seemed to have held up the first time they did it earlier this year.

    Maybe Brian Kindsvater will drop by and give us a legal lesson.

    I remember he was out front on the Super Bowl "linking domain" seizures.
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  • Profile picture of the author Viramara
    are the websites screaming something like "don't give me backlink, pleeease" ???
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  • Profile picture of the author Anomaly1974
    Naw, nothing to see here folks!

    Google links to the very same content without concern. Google also donates big time to political office-holders.

    Was his action foolish? Absolutely. Was it illegal? If so, Google and all other search engines should be held to the same standard. They too link to all of this content and do so for commercial and financial gain.

    Much ado about nothing?

    https://www.eff.org/deeplinks/2011/0...ating-internet also known as Protecting Children From Internet Pornographers Act of 2011

    but ...

    Contrary to the title of the legislation, there (is) nothing in the bill that would limit the use of these records to child exploitation cases.

    That according to the ACLU and other organizations contesting the bill on the grounds that it violates the Fourth Amendment.

    Add on the requirement that every single financial transaction online is now recorded and handed over to the government for storage and safekeeping ... (Somewhere around page 243 or 248 if I remember correctly) in accordance with the Reinvestment and Restoration act or tarp funding.

    Yeah, nothing to see here.
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  • Profile picture of the author Matthew Shane Roe
    Anyone still shooting for the SOPA act?


    Just asking.
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  • Profile picture of the author adammaxum
    This raises a thought in my mind that I've always wondered about...

    Is it worth it to run a site like solarmovie or tv-links? These sites must make so much money from ads, and everything else. The same thing happened with the online poker industry. US government essentially cut off everyone from playing, and forced the big players to shut down their .com domains. It's only a matter of time before government begins to really flex its muscle regarding every aspect of the Internet. It's coming..slowly, but surely.
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  • Profile picture of the author Maraun
    Noone has so far talked about why this is happening and who is pushing it. The US government couldn't care less about some guy somewhere running a site (unless it's called Wikileaks obviously). The push to get this guy is coming from the movie and music industry. They cling to a dying business model and use everything in their (huge) power to keep it that way as long as possible.

    The MPAA(All big movie studios) and RIAA(all big music labels) are exerting their might of money on US politicians who in turn will do their bidding.

    This case is one of the things that has come from this.
    Another is the case where the US tried to push Spain to pass very harsh copyright laws under threat of sanctions.
    Or the documented cases (thanks to Wikileaks) where the US pushed Swedish lawmakers to act against their own best interest.
    I bet these are just the tip of the iceberg.

    This has been going on for a few years now and it will not stop any time soon. Who do you think is behind the SOPA and PIPA laws? Politicians thinking the internet needs to be censored out of the blue? There is a huge amount of money in play here.

    This current case with the British guy is just the US content industries making a point to scare other people from running sites like this.

    And I understand the reasoning behind everything they do. The sad thing is, they do ANYTHING to keep their business model. Even push politicians to create and support laws that are against all common sense and that are very, very harmful for democracy, free speech and civil liberty.
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  • Profile picture of the author Paul Myers
    Wow. This is crazy
    Why?

    The guy was knowingly encouraging, and profiting from, piracy. You don't believe that should be prosecuted?

    The legal issues aside, he is ethically in the wrong in a big way. If the UK doesn't have laws against what he did, that's a shortcoming in their system, not a justification for his actions.


    Paul
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  • Profile picture of the author garyv
    If it was legal in his Country, then why wouldn't he do it if it makes a profit? I guarantee that a majority of the people in this forum (and possibly even this forum itself) has done things that would be considered illegal in China. I'd hate to have to be looking over my shoulder for legalities in other Countries.

    Copyright infringement is mostly clear here, because it's our law. But even some people here don't know that merely linking to an infringing site is in itself an infringement. I can see companies possibly trying to get at him in a civil case, but NOT the Government going after him criminally for pete's sake. What a complete waste of resources.
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