5 ms·

Whether or not what he did was a criminal or civil crime, he's not a US citizen, he didn't commit the crime within US boundaries (unless I've missed a memo), so

Whether or not what he did was a criminal or civil crime, he's not a US citizen, he didn't commit the crime within US boundaries (unless I've missed a memo), so he should not stand trial in a country that has nothing to do with the situation. The very idea that you can effectively be transported to a country that you have nothing to do with and committed no crime in just purely because the big boys with the big wallets say so is sickening.

jiggy2011 14y ago
I'm guessing it's because a US company lodged the prosecution. Does anybody have any legal specifics here? I wonder if this is something that could happen to just random bittorrent users?
- Jacqued 14y ago
  Legal specifics will depend on the country you live in. For example, this would not be possible in France (i live there) as the country never extradites any of its citizens for any reason - this will stand even if you committed a crime abroad and managed to get back, you could only be tried back home - As for the british kid, I support him 100% but it seems that the UK has signed very liberal agreements with the US concerning their citizens...
  - arethuza 14y ago
    Out of interest, if a French citizen had done this, is there any real prospect that they would have been prosecuted? NB It's not just France that has this policy: http://en.wikipedia.org/wiki/Extradition#Bars_to_extradition http://en.wikipedia.org/wiki/Extradition#Bars_to_extradition
- nicholassmith 14y ago
  I think irregardless of the country of origin for the company making the complaint it should be held within the actual country the person resides in and has supposedly committed a crime, otherwise it ruins the system.
jahewson 14y ago
You missed the memo, but it still sucks. Juristiction depends on which country the "harm" occurred. For example, if I fire a rocket at another country, then I've certainly committed a crime within its boundaries, despite never having set foot there. His website was accessible in the US by design (one could forbid US visitors in the ToS, and by geoip), and the "harm" from his supposed crime occurred, for those US users, in the US, not inside his server. What sucks about this case is that it seems incredibly unlikely that linking constitutes a felony copyright infringement, because no copyrighted material is ever directly encountered. It seems much more likely that only a misdemeanor infringement occurred (if any), for which the UK does not extradite to the US.
- TruthElixirX 14y ago
  >His website was accessible in the US by design (one could forbid US visitors in the ToS, and by geoip), and the "harm" from his supposed crime occurred, for those US users, in the US, not inside his server. No one should have to concern themselves with the laws of every nation on Earth when building a website. There is usually not enough time in your life to consider the laws from only your home country.
  - jahewson 14y ago
    Indeed. International copyright law needs revising - but I don't think we'll all be agreeing on anything soon, especially after the whole SOPA debacle. If you run a dubious website, your only option is to block all countries other than your own, and provide a notice to that effect. Is it silly? I dont know. It's hard to argue that you have the right to interact with a country's inhabitants but that the country cannot govern those interactions. Though the governing needs to be fair...
    - TruthElixirX 14y ago
      Where does the government derive authority to govern interactions where only half take place inside their borders?

jiggy2011 14y ago

I'm guessing it's because a US company lodged the prosecution. Does anybody have any legal specifics here? I wonder if this is something that could happen to just random bittorrent users?

Jacqued 14y ago
Legal specifics will depend on the country you live in. For example, this would not be possible in France (i live there) as the country never extradites any of its citizens for any reason - this will stand even if you committed a crime abroad and managed to get back, you could only be tried back home - As for the british kid, I support him 100% but it seems that the UK has signed very liberal agreements with the US concerning their citizens...
- arethuza 14y ago
  Out of interest, if a French citizen had done this, is there any real prospect that they would have been prosecuted? NB It's not just France that has this policy: http://en.wikipedia.org/wiki/Extradition#Bars_to_extradition http://en.wikipedia.org/wiki/Extradition#Bars_to_extradition
nicholassmith 14y ago
I think irregardless of the country of origin for the company making the complaint it should be held within the actual country the person resides in and has supposedly committed a crime, otherwise it ruins the system.

jahewson 14y ago

You missed the memo, but it still sucks. Juristiction depends on which country the "harm" occurred. For example, if I fire a rocket at another country, then I've certainly committed a crime within its boundaries, despite never having set foot there. His website was accessible in the US by design (one could forbid US visitors in the ToS, and by geoip), and the "harm" from his supposed crime occurred, for those US users, in the US, not inside his server. What sucks about this case is that it seems incredibly unlikely that linking constitutes a felony copyright infringement, because no copyrighted material is ever directly encountered. It seems much more likely that only a misdemeanor infringement occurred (if any), for which the UK does not extradite to the US.

TruthElixirX 14y ago
>His website was accessible in the US by design (one could forbid US visitors in the ToS, and by geoip), and the "harm" from his supposed crime occurred, for those US users, in the US, not inside his server. No one should have to concern themselves with the laws of every nation on Earth when building a website. There is usually not enough time in your life to consider the laws from only your home country.
- jahewson 14y ago
  Indeed. International copyright law needs revising - but I don't think we'll all be agreeing on anything soon, especially after the whole SOPA debacle. If you run a dubious website, your only option is to block all countries other than your own, and provide a notice to that effect. Is it silly? I dont know. It's hard to argue that you have the right to interact with a country's inhabitants but that the country cannot govern those interactions. Though the governing needs to be fair...
  - TruthElixirX 14y ago
    Where does the government derive authority to govern interactions where only half take place inside their borders?