Student Faces Extradition to USA for Copyright Infringement
27 January 2012 Category News
A British student can be extradited to the USA to face charges of copyright infringement, a court ruled recently. Richard O’Dwyer, who is 23 and studies at Sheffield Hallam University, is likely to appeal the decision by a District Judge at Westminster Magistrates Court.
Website Violating USA Copyright Protection Laws
The case has been on-going since the summer of 2010, when Mr O’Dwyer’s computer equipment was seized under a warrant obtained by the USA. He faces no charges in the UK, but is wanted for encouraging piracy through his website, TVShack. The site, whose domain has also been taken over by US authorities, directed users to other sites which host pirated films and television programmes. The US Immigration and Customs Enforcement agency claims that Mr O’Dwyer made over $200,000 in advertising revenue and that, by pointing people in the direction of sites that hosted pirated material, he was also guilty of copyright infringement.
TVShack no Different to Google?
Part of Mr O’Dwyer’s defence has been that he has never downloaded pirated material himself and that his website only did what major search engines like Google do – direct users to other websites – although Google also no longer knowingly lists pirate websites on its search pages. Supporters of the student say that as he has broken no laws in the UK, he should not be sent to face prosecution – and up to five years in prison if found guilty – in the USA.
The Importance of Copyright Protection
For those who create, copyright protection is essential. It allows them to assert the right to their works and to receive payment from others using those works. The USA, along with the UK, takes copyright infringement seriously, and both have been revisiting current legislation to ensure it is keeping up with the rapid progress in digital communication and online access to copyrighted works. If Mr O’Dwyer fails on appeal, it is likely he will be extradited to the USA to face charges and a possible prison sentence there.
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At Stevens Hewlett & Perkins, we can help you to protect your intellectual property – anything from developing a brand new idea to ensuring all your existing IP is properly safeguarded so that it can be defended if the need arises. We work with businesses and organisations of all sizes and offer advice and the ability to protect your ideas in the UK and overseas. Contact us today to make an appointment – your first hour is completely free.
