13 July 2012

New York Times, July 13, 2012:

http://www.nytimes.com/2012/07/13/technology/us-pursues-richard-odwyer-as-intermediary-in-online-piracy.html

U.S. Pursuing a Middleman in Web Piracy

Richard O’Dwyer at a courthouse in London. He started a Web site that prosecutors say helped people find pirated content. Carl Court/Agence France-Presse — Getty Images

By SOMINI SENGUPTA

Published: July 12, 2012

[Excerpts]

Richard O’Dwyer, an enterprising 24-year-old college student from northern England, has found himself in the middle of a fierce battle between two of America’s great exports: Hollywood and the Internet.

At issue is a Web site he started that helped visitors find American movies and television shows online. Although the site did not serve up pirated content, American authorities say it provided links to sites that did. The Obama administration is seeking to extradite Mr. O’Dwyer from Britain on criminal charges of copyright infringement. The possible punishment: 10 years in a United States prison.

The case is the government’s most far-reaching effort so far to crack down on foreigners suspected of breaking American laws. It is unusual because it goes after a middleman, who the authorities say made a fair amount of money by pointing people to pirated content. Mr. O’Dwyer’s backers say the prosecution goes too far, squelching his free-speech right to publish links to other Web sites. ...

The extradition case against Mr. O’Dwyer has turned him into something of a cause célèbre. Wikipedia’s founder, Jimmy Wales, is leading a crusade to save him, with an online petition that has gathered over 225,000 signatures worldwide in two weeks.

Still, the British home secretary, Theresa May, approved the extradition order in March and said Monday that she would let the order stand. Mr. O’Dwyer has appealed; a hearing in Britain is expected this fall. ...

“America? They have nothing to do with me,” Mr. O’Dwyer’s mother said he had told her. He reopened his site as TVShack.cc, which he reckoned was beyond the reach of the United States.

A few months later came a knock on the door from the British police. A judge ruled that Mr. O’Dwyer would not be prosecuted in Britain. Instead, the United States would seek to extradite him.

His mother was stunned. “This is for fugitives and murderers and terrorists,” she recalled thinking. “Richard has never fled the scene of a crime. He has never left the U.K.!” ...

__________

None of the court filings listed below were available this morning, July 13, 2012.

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:10-mj-02471-UA-1

Date Filed	#	Docket Text
11/05/2010	1	SEALED COMPLAINT as to Richard J. O'Dwyer (1) in violation of 18 U.S.C. 2319 and 371, 17 U.S.C. 506.. (Signed by Magistrate Judge James L. Cott) (gq). (Entered: 01/24/2012)
01/24/2011	3	SEALED AFFIRMATION AND APPLICATION of AUSA Sarah Y. Lai in Support by USA for an order unsealing the Complaint and the corresponding arrest warrant for the deft, for the limited purpose of allowing them to be attached to an extradition request and directing that the Complaint and all related documents, including this application and Order, remain sealed for all other purposes, as to Richard J. O'Dwyer. (gq) (Entered: 01/24/2012)
01/24/2011	4	SEALED ORDER as to Richard J. O'Dwyer...that Complaint No. 10 Mag. 2471, and the corresponding arrest warrant for the deft, be unsealed for the limited purpose of making copies available for an extradition request...that Complaint No. 10 Mag. 2471, the corresponding arrest warrant, and all other documents relating to the Complaint, including this Order and the accompanying application and affirmation of AUSA Lai, shall remain sealed for all other purposes until further order of this Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/24/2011)(gq) (Entered: 01/24/2012)
02/23/2011	5	AFFIDAVIT of AUSA John M. Reh in Support by USA of Request for Extradition as to Richard J. O'Dwyer. (Signed by USMJ Henry Pitman). (gq) (Entered: 01/25/2012)
09/12/2011	6	SEALED AFFIRMATION AND APPLICATION of AUSA John M. Reh in Support by USA of a request that the Court unseal the Complaint and Warrant in the above-captioned action, as to Richard J. O'Dwyer. (gq) (Entered: 01/25/2012)
09/13/2011	7	SEALED ORDER as to Richard J. O'Dwyer...that Complaint No. 10 Mag. 2471, and the corresponding arrest warrant for the deft, be unsealed, which will enable the Government to respond to press inquiries regarding the extradition of Richard J. O'Dwyer, a/k/a "Duffman," the deft. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/13/2011)(gq) (Entered: 01/25/2012)
01/24/2012	8	SEALED AFFIRMATION AND APPLICATION of AUSA John M. Reh in Support by USA of a request that the Court unseal the Complaint and Warrant in the above captioned action, as to Richard J. O'Dwyer. (gq) (Entered: 01/25/2012)
01/24/2012	9	SEALED ORDER as to Richard J. O'Dwyer...that Complaint No. 10 Mag. 2471, and the corresponding arrest warrant for the deft, be unsealed, which will enable the Government to respond to press inquiries regarding the extradition of Richard J. O'Dwyer, a/k/a "Duffman," the deft. (Signed by Magistrate Judge Michael H. Dolinger on 1/24/2012)(gq) (Entered: 01/25/2012)