The extradition of O’Dwyer has been sought in relation to allegations of conspiracy to commit copyright infringement and criminal infringement of copyright. These are offences alleged to have been committed by a UK resident, through a website set up and operated in the UK and for which suitable legislation in UK law already exists.
In 2010, the TV-Links website was prosecuted in the UK. As the name suggests, this site was effectively a directory that sourced programmes uploaded to other video websites, such as YouTube.
The users of the site would find a TV show they liked, and then place a link on TV-Links to other sites which were hosting episodes of that show. This is an uncannily similar modus operandi to the site attributed to O’Dwyer, TVShack.
In the TV Links case, His Honour Judge Ticehurst considered submissions and took the view it could not be subject to criminal sanction because of European legislation that allows a website to not be liable in conditions where it:
a) Did not initiate the transmission [of pirated material];
b) Did not select the receiver of the transmission; and
c) Did not select of modify the information contained in the transmission.
It would seem extremely likely that this defence would have been raised, had TV Shack been prosecuted in the UK.
By moving O’Dwyer to the US, he is subject to its harsher copyright legislation, lack of public funding and is removed from a jurisdiction in which he may have been covered by an absolute defence.
c) Did not select of modify the information contained in the transmission.
It would seem extremely likely that this defence would have been raised, had TV Shack been prosecuted in the UK.
By moving O’Dwyer to the US, he is subject to its harsher copyright legislation, lack of public funding and is removed from a jurisdiction in which he may have been covered by an absolute defence.
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