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Piracy United Kingdom Your Rights Online

Home Office To Ignore Wikipedia Founder's Petition Against O'Dwyer Extradition 276

An anonymous reader writes "The Home Office has confirmed home secretary Theresa May will not block TVShack founder Richard O'Dwyer's U.S. extradition, despite widespread calls for her to do so." It would appear the fate of the tvshack founder is now sealed.
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Home Office To Ignore Wikipedia Founder's Petition Against O'Dwyer Extradition

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  • Re:Time and Place (Score:2, Informative)

    by Anonymous Coward on Tuesday July 03, 2012 @03:48AM (#40524823)
    Yes, if you happen to be in the UK when America takes an interest in you. Best avoid the UK like lava. Leave the Brits to enjoy their prison island.
  • Re:Time and Place (Score:5, Informative)

    by Pseudonym ( 62607 ) on Tuesday July 03, 2012 @04:13AM (#40524929)

    Interestingly, there have been test cases to this effect in Commonwealth countries. There was a famous test case to this effect in Australia [austlii.edu.au], where someone fired a gun on one side of a state border (much of the decision was to decide precisely where the border was) and killed a person who was on the other side.

    The murder, it was ruled, happened in the state where the victim was shot.

  • by A beautiful mind ( 821714 ) on Tuesday July 03, 2012 @04:41AM (#40525047)
    Absolutely. The UK sent people to Libya [guardian.co.uk] while Gaddafi was still in power in exchange for lucrative business opportunities.
  • Re:Time and Place (Score:2, Informative)

    by L4t3r4lu5 ( 1216702 ) on Tuesday July 03, 2012 @05:22AM (#40525249)
    Scotland and England are the same country in the same way that Northern Ireland and Republic of Ireland are the same country, in that they're not. Separate parliament, police force, legal system... The UK is a sovereign state, not a country.
  • Re:Time and Place (Score:5, Informative)

    by wild_quinine ( 998562 ) on Tuesday July 03, 2012 @05:26AM (#40525259)
    Here are the important facts.

    1) O'Dwyer never went to the US whilst running the site. He visited as a small child, but I don't think he has a stronger connection to the US than this.

    2) The servers on which his service were being run were not in the US.

    Most sensible people would therefore argue that he hasn't comitted a crime on US soil.

    But it gets worse. The existing case law in the UK suggests very strongly that the UK does not consider what O'Dwyer did to be a crime. A similar site (TV links) was accused in similar circumstances and let off the hook, because it was deemed to be a 'mere conduit' (Like a safe harbour defense, rather than that deciding that *linking to things is not a crime*, for example).

    Now a UK judge has said that O'Dwyer probably was criminal in this case, because he exerted considerable control over the site, and therefore cannot use the same defense.

    But that's smoke and mirrors, frankly. The way we figure out if that is a crime or not is to try him in court, not to push him off to some corrupt nation where it definitely is a crime.

  • Re:Time and Place (Score:4, Informative)

    by Anonymous Brave Guy ( 457657 ) on Tuesday July 03, 2012 @05:27AM (#40525265)

    Errr, you do realise that Scotland and England are the same country???

    No, they aren't. They are distinct countries, each of which is part of the sovereign state of the United Kingdom of Great Britain and Northern Ireland.

  • by CrackedButter ( 646746 ) on Tuesday July 03, 2012 @05:29AM (#40525281) Homepage Journal

    Nobody in our government gives a shit. They are a bunch of cunts.

  • by Rei ( 128717 ) on Tuesday July 03, 2012 @05:41AM (#40525337) Homepage

    To put it another way [europa.eu]: "4. Notwithstanding paragraph 1, a person who has been surrendered pursuant to a European arrest warrant shall not be extradited to a third State without the consent of the competent authority of the Member State which surrendered the person. Such consent shall be given in accordance with the Conventions by which that Member State is bound, as well as with its domestic law."

    Aka, it still comes down to whether a British court would approve an extradition request from the US according to British law. So either way it's up to British courts to decide on an extradition request for Assange unless Sweden wants to be blatantly and explicitly in violation of its treaty obligations on one of the highest profile cases out there. The Swedish prime minister has already publicly pointed out that it couldn't extradite Assange to the US if it wanted to without British courts handling the US request according to their own law.

    The only difference between Assange being in the UK and Assange being in Sweden is that he doesn't have to stand trial for rape in the UK. Despite all of the bluster to the contrary.

  • by Anonymous Coward on Tuesday July 03, 2012 @06:04AM (#40525455)

    The OP was right: the Democrat is right wing in most of the rest of the world, the Republican are Extreme Right wing.

  • by gnasher719 ( 869701 ) on Tuesday July 03, 2012 @06:16AM (#40525505)

    So the UK will extradite car driving women to Saudi Arabia, where it's illegal for women to drive, for better oil purchase conditions too?

    No, because (1) driving a car is not illegal according to UK law, so you wouldn't be extradited even if it was proven that she drove in Saudi Arabia. (2) because driving a car in the UK happens in the UK and has no effect outside, so she can't be extradited, just as even murdering a Saudi Arabian citizen in the UK would't get her extradited. (3) possibly not because it would be checked what is the punishment in Saudi Arabia vs. the punishment say for driving without a license in the UK, and if the punishment is deemed excessive, no extradition (so she would likely not be extradited for a proven theft in Saudi Arabia). (4) I don't know if there is an extradition treaty. (5) It can be decided that that extradition itself is a punishment which is too harsh for the crime, so you wouldn't be extradited for jumping a red traffic light in the USA, even when proven, even when the punishment is the same as in the UK.

  • by BlueStrat ( 756137 ) on Tuesday July 03, 2012 @06:38AM (#40525593)

    The OP was right: the Democrat is right wing in most of the rest of the world, the Republican are Extreme Right wing.

    That's because the US was formed by the "radicals" of the 1700's-1800's. The Founders were the OWS of their time. They deliberately chose to avoid the type of central-authority-heavy types of government they were familiar with in Europe that severely restricted individual freedom and kept people mostly restricted to their own socio-economic class, and came at the idea of a central government as simply a necessary evil that should be given only those powers and control over only enough wealth to carry out the bare functions of a national government, and leaving most all other governing to the States and local authorities in order to promote a diverse system where one can find a place that generally governs in a way to suit a particular individual or group.

    This totally different outlook caused America to be the place and the culture that so many people around the world wanted to be like and/or immigrate to and become part of for so many decades.

    So, of course, Europeans would see the US political landscape as extremist. It is. Or, at least, it was.

    Not so much anymore.

    More's the pity, too.

    Strat

  • by bluescrn ( 2120492 ) on Tuesday July 03, 2012 @08:09AM (#40526001)
    They are a bunch of rich, greedy, overprivileged cunts.

    FTFY
  • by The Askylist ( 2488908 ) on Tuesday July 03, 2012 @08:20AM (#40526095)
    It was the last lot that signed the extradition agreement in the first place. Why we are extraditing someone for "copyright" offences, which should really be a civil matter, is beyond me. I would have thought that the correct course of action would be for the copyright holders to bring a case for damages in the UK courts and take their chances. This lot, the last lot? They're all cunts by definition. An honest politician is all too rare a commodity these days - the web of intertwined lobbying interests seems to strangle truth at birth.
  • This story is false (Score:5, Informative)

    by jwales ( 97533 ) on Tuesday July 03, 2012 @11:03AM (#40528063) Homepage

    Theresa May has not said "NO" and indeed has not responded at all. The report quotes a press release that was issued before my petition was even launched. There has been no response to me at all so far.

    Every signature counts as they are clearly feeling the pressure.

    Jimmy Wales

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