Michael White » The Case Against Richard O’Dwyer is Ridiculous

The Case Against Richard O’Dwyer is Ridiculous

Julia O’Dwyer and Richard O’Dwyer

When Richard O’Dwyer was 19 years old he set up TVShack.net. An online directory which linked to hundreds of websites who provided popular films and TV series for online streaming. The website was a huge success, he began accepting advertising and then the US Justice Department seized the domain June 2010 for “violations of Federal criminal copyright infringement laws”.

What came to follow was a series of heavy handed events which included police visits, IT equipment being seized and then finally a request for Richard to be extradited to the US under the Extradition Act 2003. Today TVShack.net exists as a US Justice Department warning, followed by a rather ethically muddled video attempting to explain copyright infringement ethics.

The path of Richard O’Dwyer isn’t that of a criminal, he isn’t a “data pirate”, instead he is simply an undergraduate student. It is common for many IT literate students to spend time on various website projects (I’ve had around eight different ones). This is a student who has never visited the US, owned a website which did not host any copyright content but is being processed for extradition by the UK government.

Why?

Not only has he not committed a US crime but the crime wasn’t even committed in the US! Essentially Richard O’Dwyer has become a scapegoat for those industries who have been suffering in the digital era. Not because online file sharing exist but because they have not yet perfected a business model that can cope with the technicalities of online sharing.

Although I don’t wish for my reasons against Richard O’Dwyer to be miss construed. He is not a file sharer. TVShack.net existed to hyperlink copyrighted material but based on other websites. Thus fulfilling the same function (but less sophisticated) as Google, Yahoo and Bing. Search engines all link to copyright material but are we seeing these giants in court?

No.

Instead Richard O’Dwyer is fast becoming another causality in the “war against piracy”. A confused notion, commonly voiced by those who have little understanding of the digital age.

You can petition against the extradition of Richard O’Dwyer by adding your signature to change.org. So far 219,517 have shown their support. Despite this the UK Home Office has openly suggested to ignore the petition and bend over for America.

Michael is a Consultant for Keene Communications where he devises and manages digital public relations campaigns. Keene Communications has been providing public affairs, public relations and representation services for over 25 years. Michael is a certified member (MCIPR) of the Chartered Institution of Public Relations (CIPR).

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  • oohelen

    Oh wow. I googled some more after reading what you wrote here and the absurdity of the case astounds me too. First of all, if it were the UK requesting extradition of a US citizen for the same reason I’d bet piles of money that the US would never allow it. Secondly, if he only broke UK laws isn’t the US infringing on the sovereignity of the UK by requesting to trial him especially since he was only “the middle man” and did not even directly violate copyright.
    Which brings me to my next point; what he did was done at a time when copyright and the Internet was even more of a gray area than it is now. TvShack wasn’t the only website of a similar nature, so why try to make an example out of it when there’s SAME or worse websites STILL around and I’m pretty sure some are US-based. And like you say, the function of his website wasn’t much different from that of google or other search engines. Obvious to anyone that he’s a scapegoat and of whom.I agree with you that it’s high time the matter of copyright on the Internet is settled and not in this way, not when there’s the American corporate lobbies relentlessly enforcing their own outdated solutions when the Internet is moving ahead and our usage habits are changing with it. All in all, hope to see more of public outcry against this case. Thanks for writing about it and thus informing me!

  • http://twitter.com/FayeOakey Faye Oakey

    Wow, I wasn’t aware of this case until now – I used to use TV Shack a lot before it was censored. How ridiculous, if the US Government would like to send a message regarding data sharing they could use an example of an actual crime, and possibly one committed in their country. 

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