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Old 25-10-12, 19:35   #1
 
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Update TV Shack Owner, O’Dwyer -Fined £20,000 ($30,000)

Posted: 25 Oct 2012 03:10 AM PDT






In 2011, Richard O’Dwyer was arrested by police for operating TVShack, a website that listed user-submitted links to TV-shows hosted on other websites.




Earlier this year UK Home Secretary Theresa May officially approved an extradition request from US authorities and ever since Richard and his mother Julia have battled against it. Their campaign has received high-profile support from Wikipedia founder Jimmy Wales, who characterized the case as a clash between civil liberties and the interests of the copyright industries.

Right now Richard is awaiting his appeal to the High Court against the decision of a judge in a lower court to allow his extradition to go ahead. That appeal is scheduled for December 4 at the Royal Courts of Justice in London.

Speaking with TorrentFreak, Julia O’Dwyer says the appeal will take place on a number of issues but mainly against the lower court judge’s decision.

“In order to proceed with an extradition the alleged conduct must be a crime punishable with more than 12 months in prison in both countries. Despite the Judge saying at the Oct/Nov hearings last year that we had a good strong legal argument supporting this (an opinion which was agreed by the prosecution Barrister), when considering his decision he strangely changed his mind and decided the other way,” Julia explains.

Since it was very similar in function, on many occasions Richard’s site TVShack has been compared to the now-defunct site TV-Links. The admins of TV-Links were also subjected to legal action but were cleared after a judge ruled that Section 17 of the European Commerce Directive 2000 afforded TV-Links a defense when it linked to other web sites. This ruling will form part of Richard’s appeal.

“We will be strengthening these arguments at appeal and as you might expect have sought expert IP opinion on the matter,” Julie adds.

Last week, UK Home Secretary Theresa May decided that alleged hacker Gary McKinnon would not be extradited to the US. She also announced that the government will make some changes to the existing extradition treaty, including the so-called Forum Amendment, which many viewed as good news for Richard’s case, but that’s not necessarily the case.

“This means that where an accused has committed all or a significant amount of the alleged conduct in the UK, then the courts will be able to decide whether they should be tried in the UK,” Julia explains.

“This is a major breakthrough and is what the campaigners for extradition reform have been fighting for for years. This would apply in Richard’s case but as the law has not yet been changed and I don’t know when it will, this is not likely to benefit Richard.”

While Julia notes that the UK government does technically have the power to apply the changes to Richard’s case, the McKinnon decision may mean that they choose not to.

“[The UK government] has just upset the US by keeping Gary Mckinnon here and they are already trying to sabotage any law changes planned by sending over a US Judge to give a lecture to the UK Parliament later this month,” she reveals.

Furthermore, while not a single US citizen has ever been extradited to the UK for a crime committed from the US, aside from the McKinnon decision Julia says that nearly all extraditions to the US of UK citizens (including those who have never set foot on US soil) have eventually gone ahead.

Faced with this bleak outlook, Julia informs TorrentFreak that she is “almost certain” that Richard will be extradited to the US. To this end she is now being forced to prepare for this worst-case scenario.

Fortunately, several people have already offered to finance or work for free on Richard’s case in the US but there are additional costs still to be met.

“There still remains the worry of financial costs in the US. There will be personal financial costs associated with travel to the US, accommodation and the cost of securing an address for Richard to live at in order to be allowed bail. These costs will have to be covered by me somehow,” Julia explains.

“What concerns me are the unknown additional costs which we could be faced with such as a large bail bond or an even more costly financial penalty running into hundreds of thousands of dollars if Richard were to be found guilty,” she adds.

To prepare for this eventuality, a supporter has set up a fighting fund for Richard on GoFundMe with an initial target of £25,000.

“This is a large amount to be raised and I know times are hard for many of us so with that in mind please donate only if you can afford to do so. Your online and public support has been invaluable and has helped get us through this dreadful situation,” Julia concludes.

The petition set up by Jimmy Wales attracted hundreds of thousands of signatures – the hope is that just a few percent of those people will donate one or two pounds, euros, or dollars each.
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Old 02-12-12, 19:37   #2
 
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Update re: TV Shack Owner, O’Dwyer -Fined £20,000 ($30,000)

TV Shack Admin Richard O’Dwyer Will NOT Be Extradited To U.S.

2 December 2012



Last year Richard O’Dwyer was arrested by UK police for operating TVShack, a website that listed user-submitted link to TV-shows.

The UK student has since fought a looming extradition to the US. In March, Home Secretary Theresa May officially approved the extradition request from US authorities, but today the news broke that O’Dwyer will stay a free man.

The former TVShack administrator signed a deferred judgment agreement with the U.S. authorities, the BBC reports this morning. As a result, O’Dwyer’s extradition is off the table. He will not be prosecuted in the U.S. but has agreed to pay a small sum compensation to the rightsholders.

A high Court Judge was informed that Richard’s mother Julia O’Dwyer will have to travel to the U.S. to complete the deal.

It is unclear why the U.S. decided to accept an agreement, but there is little doubt that the public protests organized by O’Dwyer’s mother and Wikipedia founder Jimmy Wales played an important role.

Jimmy Wales’ petition alone was signed by more than a quarter million people and was covered widely in the mainstream media.

The MPAA, who are believed to be the prime instigators of the case, were not happy with these campaigns and will probably be disappointed by the deal. A few months ago leaked documents revealed that the movie industry group saw Richard O’Dwyer as a purposeful copyright infringer.

mick“O’Dwyer was not a mere ‘middleman.’ He profited heavily from this activity. To call him a ‘middleman’ suggests a lack of involvement in the illegal activity, which is simply not the case,” MPAA wrote.

.

“Being 24, posing for newspaper photo shoots in a cartoon sweatshirt, and having your mother and Jimmy Wales speak for you, does not mean you are incapable for breaking the law,” he added.

UK Pirate Party leader Loz Kaye on his turn welcomes the deal.

“This decision vindicates the Pirate Party’s view that the extradition request was disproportionate and unnecessary all along. It does not remove the underlying problem though. The US can not be allowed to be the copyright cops of the world. I hope that Richard and Julia O’Dwyer will be able to begin to rebuild their lives now,” he says.

Interestingly enough, Richard O’Dwyer is not the only administrator of a TV-linking site to negotiate a deferred judgment agreement.

TorrentFreak has learned that Brian McCarthy is working on a similar deal in part due to his medical condition. The owner of Texas-based sports streaming site ChannelSurfing.net was arrested in March 2011 after he had his domain name seized.

For Richard and his mother Julia today’s news marks the end of an uncertain and hectic period. They are being advised not to comment on the specifics of the deal just yet, but promised TorrentFreak that there will be plenty of news later.
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Old 08-12-12, 01:47   #3
 
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Default re: TV Shack Owner, O’Dwyer -Fined £20,000 ($30,000)

Richard O’Dwyer Piracy Extradition Battle Ended in New York Court
07 Dec 2012






In 2011, Richard O’Dwyer was arrested by police in the UK for his part in the operations of TVShack, a site that listed user-submitted links to TV-shows.

Ever since the student and his mother, Julia, have been fighting an extradition battle to the U.S., where authorities wanted him put on trial for criminal copyright infringement offenses.

In March this year UK Home Secretary Theresa May approved the extradition request from US authorities. But seemingly against all the odds, last month it was announced that a deal had been struck to avoid Richard being tried in the United States.
The so-called deferred judgment agreement requires that Richard does not breach copyright in the future and orders him to pay compensation to rights holders.

That amount was revealed today as £20,000, (about $30,000), which represents the profits generated by TVShack between December 2007 and November 2010.

The agreement itself was hammered out between Richard’s legal team and U.S. authorities last week, but would not be completed until the student had appeared in court in the United States in a hearing scheduled for this week.

A few hours ago came the news that everyone had been waiting for, delivered by Richard’s mother who has worked tirelessly to fight the extradition.

“In New York now,” Julia said. “Have just been to the court for sign off of deferred prosecution agreement…..so no extradition! Woo !”

Speaking outside the court with The Guardian, Richard said that the procedure had been very swift.

“The judge read out the terms of the deferred prosecution and I agreed to them and that was that,” he said.

While Richard said that he was very pleased that the U.S. government had decided to drop the case against him, he protested his innocence and criticized the UK government for doing little to help him.

“I still believe that I never committed any crime,” he said. “It really is a pity that the UK government didn’t try and resolve this without us having to come all the way over.”

That sentiment was echoed by Julia, who is thankful that the ordeal is now over but is disappointed by the inaction of the UK government.

“It’s just a pity that the British authorities couldn’t have allowed us to sort this out in the UK in a similar manner,” she said.

Of course, while the matter is now effectively over, there has still been a human cost.

“It’s been quite destructive to life really,” she said. “It messes up your finances, it messes up your relationships and causes stress.”

Offering a “a big thank you” to everyone who supported him throughout his ordeal, Richard said he was hoping to get back to normality soon.

“I’m just looking forward to getting back to university really, and seeing all my friends,” he said, but not before “a little celebration tonight.”

Richard and Julia will fly back to the UK today and will no doubt be looking forward to a peaceful Christmas – together, as a family.
End

His Mother is right, & all it needed was a little "common sense". Complete over-reaction by the US & the UK, just imagine how much all this cost the taxpayers of both countries!
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