Following on from MegaUpload and TV Shack
Discussion
TorrentFreak said:
A British couple are facing imprisonment after an MPAA sting operation revealed they were the owners of streaming links site SurfTheChannel. Aside from the use of an undercover agent who gained access to the defendants’ house under false pretenses, the case also involves an unprecedented involvement of the US authorities with a UK court case, in which a defendant in the US was offered a deal after agreeing to cooperate and testify in a trial overseas.
http://torrentfreak.com/undercover-mpaa-agents-expose-alleged-movie-pirates-120521/The article is a bit incoherent so this post from Slashdot shoudl clarify things;
Slashdot said:
The MPAA (through their UK minions, FACT, a "private commercial organisation, representing the interests of the audio-visual industry") did some investigating to find out who the operator of SurfTheChannel.com was. After various undercover meetings, fake deals and that sort of thing, they were able to identify the operators as a UK-based couple. Then they set the police on them.
The police turned up, with FACT people, and arrested the couple, seizing a load of evidence, and a FACT specialist was able to copy a load of data from the computers (and may have done so illegally). While in custody the couple were interviewed with FACT people present, FACT were able to examine the evidence, and eventually most of it was handed over to them for analysis.
Eventually, the couple were released and the CPS (who decide whether or not to bring prosecutions) decided not to charge them. The police then handed the rest of the evidence over to FACT who wanted it so they could run a private prosecution. The couple sued the police and FACT to get their stuff back (after their direct requests were refused). These facts all come from the resulting case (Scopelight Ltd & Ors v Chief of Police for Northumbria & FACT [bailii.org]) which FACT won on appeal.
The initial arrests were in August 2008, the CPS gave up in December 2008, FACT filed their private prosecution in February 2009 and that appeal was ruled on in November 2009. This new information has come to light because that private prosecution is currently being heard in Newcastle Crown Court.
The other major fact that emerged was that the US programmer who worked on the site was arrested by US authorities, but managed to get out of being convicted for his part in exchange for agreeing to testify in the UK case. So the US let an alleged criminal go so he could help a private, UK-based company win a private prosecution in the UK
The police turned up, with FACT people, and arrested the couple, seizing a load of evidence, and a FACT specialist was able to copy a load of data from the computers (and may have done so illegally). While in custody the couple were interviewed with FACT people present, FACT were able to examine the evidence, and eventually most of it was handed over to them for analysis.
Eventually, the couple were released and the CPS (who decide whether or not to bring prosecutions) decided not to charge them. The police then handed the rest of the evidence over to FACT who wanted it so they could run a private prosecution. The couple sued the police and FACT to get their stuff back (after their direct requests were refused). These facts all come from the resulting case (Scopelight Ltd & Ors v Chief of Police for Northumbria & FACT [bailii.org]) which FACT won on appeal.
The initial arrests were in August 2008, the CPS gave up in December 2008, FACT filed their private prosecution in February 2009 and that appeal was ruled on in November 2009. This new information has come to light because that private prosecution is currently being heard in Newcastle Crown Court.
The other major fact that emerged was that the US programmer who worked on the site was arrested by US authorities, but managed to get out of being convicted for his part in exchange for agreeing to testify in the UK case. So the US let an alleged criminal go so he could help a private, UK-based company win a private prosecution in the UK
Edited by Oakey on Wednesday 23 May 00:41
Make large amounts of money from copyright infringement and you are fair game. Presumably this website did make money.
Nothing wrong with what FACT are doing - its what they are there for.
I would imagine in the future this current Govt would be happy for private companies to fund action that would otherwise be taken by public bodies.
Nothing wrong with what FACT are doing - its what they are there for.
I would imagine in the future this current Govt would be happy for private companies to fund action that would otherwise be taken by public bodies.
Oakey said:
How is this different from TV Shack and why are they not extraditing this couple? Where is the consistency?
They are a UK couple and being prosecuted in the UK.TV Shack was a UK company but prosecuted by a US organisation.
It appears they do the same thing and STC is being prosecuted for one of the main things TVShack guy was extradited for - making available copyrighted works.
I dont think someone should be extradited to the US due to breaking a US law outside of the US. I remember a case recently where they said the guy ran the site from the UK, technically he broke no UK laws but what he's done is illegal in the US and he's been sent there. I'm sorry thats just ridiculous. Should women drivers be extradited to Saudi Arabia?
If someone is making money out of copyright infringment then prosecuting them is fair enough, although it does just feel a bit odd to send someone to prison - at considerable taxpayer cost - for ripping a DVD. In cases where people arent profiting from it - simple filesharing for instance - I dont see why its such a big deal. The US needs to stop thinking it can control the entire world and focus on their own problems within their own borders which are far more substantial than people uploading CSI Miami.
If someone is making money out of copyright infringment then prosecuting them is fair enough, although it does just feel a bit odd to send someone to prison - at considerable taxpayer cost - for ripping a DVD. In cases where people arent profiting from it - simple filesharing for instance - I dont see why its such a big deal. The US needs to stop thinking it can control the entire world and focus on their own problems within their own borders which are far more substantial than people uploading CSI Miami.
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