Poll Shows Only 9% Of UK Public Think Richard O'Dwyer Should Be Extradited

from the will-of-the-people dept

A poll conducted in the UK has found that only 9% of those surveyed agreed that student Richard O'Dwyer should be extradited to face criminal charges in the US for creating TVShack, a site that let people link to videos hosted elsewhere. So far, the government has been ignoring public cries not to allow the extradition, but this poll really seems to suggest that the public is not too keen on shipping O'Dwyer overseas.
Only 9% of the British public believe he should face trial in the US for his actions, according to the YouGov research. The largest group, 46%, said O'Dwyer should not be prosecuted at all, while 26% felt he should be tried in the UK.
At some point, something has to give. The UK Home Office can't keep pretending that this is a minor issue that it can brush under the rug to keep the American government (and Hollywood) happy.

Filed Under: extradition, hollywood, richard o'dwyer, uk
Companies: tvshack

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  1. icon
    Karl (profile), 7 Jul 2012 @ 12:43pm

    Re: Re: Re:

    What laws? IIRC, 17 U.S.C. 506 and 18 U.S.C. 2

    You know the really frightening thing about all of this?

    It's likely that O'Dwyer didn't break any of these laws, either.

    Providing a link to infringing content is not, itself, an infringement of copyright. This has been held to be true in numerous cases.

    So, O'Dwyer is not a direct infringer. He would thus have to be "aiding and abetting" the direct infringement - which is a much higher standard than contributory or vicarious infringement in civil cases. There is no evidence whatsoever that O'Dwyer actually had any contact whatsoever with the people that uploaded the infringing content, so an "aiding and abetting" charge would likely fail.

    Furthermore, the direct infringement that O'Dwyer would have to be "aiding and abetting" would, itself, have to be criminal infringement. That is, the direct infringement must have been willful, and it must have been for profit (or other "private commercial gain"). There is no evidence of this, either.

    So, not only is O'Dwyer being extradited for something that's legal in the U.K., he's being extradited for something that isn't criminal in the U.S., either.

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