THE STUDENT who faces extradition to the US for creating a web site full of links will learn his fate this Friday.
Richard O'Dwyer created the TV Shack web site and is the subject of an order for his extradition to the US, much like Gary McKinnon, because of this. Fortunately, it looks like the judge might agree that the case is not particularly severe and will not insist on the extradition.
"Richard's Counsel, Ben Cooper of Doughty Street Chambers, has argued that the TVShack website, simply acted only as a linking website, directing users to other websites on the internet where films & TV shows were hosted and available for viewing," wrote his mother Julia O'Dwyer on her blog last night.
"The web site itself did not host any content. Ben Cooper has pointed to a number of similar cases previously tried in the UK in which prosecution has failed, for exactly this reason. Judge Purdy has all the relevant information and has already himself at an earlier hearing admitted that Ben Cooper's argument was a strong one."
She added that the hearing will be held this Friday and said that should the judge not agree with defence counsel, then she and the legal team will continue to pursue other options, "one of which will be to take the matter to a higher authority".
Richard O'Dwyer is accused of copyright infringement after setting up the web site TV Shack, which had links to thousands of films and TV shows but did not directly host them. If extradited to the US and convicted of criminal copyright infringement he could be sentenced to up to five years in prison. µ