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'Piracy' student Richard O'Dwyer avoids US extradition | |
(35 minutes later) | |
A student facing trial and possible imprisonment in the United States has struck a deal to avoid extradition, the High Court has been told. | A student facing trial and possible imprisonment in the United States has struck a deal to avoid extradition, the High Court has been told. |
Richard O'Dwyer, from Sheffield, is accused of breaking copyright laws. | Richard O'Dwyer, from Sheffield, is accused of breaking copyright laws. |
The US authorities claimed the 24-year-old's TVShack website hosted links to pirated films and TV programmes. | The US authorities claimed the 24-year-old's TVShack website hosted links to pirated films and TV programmes. |
The High Court was told Mr O'Dwyer had signed a "deferred prosecution" agreement which would require him paying a small sum of compensation. | The High Court was told Mr O'Dwyer had signed a "deferred prosecution" agreement which would require him paying a small sum of compensation. |
Mr O'Dwyer will travel to the US voluntarily in the next few weeks for the deal to be formally ratified, it is understood. | Mr O'Dwyer will travel to the US voluntarily in the next few weeks for the deal to be formally ratified, it is understood. |
'Satisfactory outcome' | 'Satisfactory outcome' |
The Sheffield Hallam student could have faced jail if convicted of the allegations, which were brought following a crackdown by the US Immigration and Customs Enforcement agency. | The Sheffield Hallam student could have faced jail if convicted of the allegations, which were brought following a crackdown by the US Immigration and Customs Enforcement agency. |
A High Court judge was told that Mr O'Dwyer was expected to travel to the US in the next 14 days to complete the agreement, pay a small sum in compensation and give undertakings not to infringe copyright laws again. | A High Court judge was told that Mr O'Dwyer was expected to travel to the US in the next 14 days to complete the agreement, pay a small sum in compensation and give undertakings not to infringe copyright laws again. |
His extradition application is then expected to return to the High Court so it can formally be disposed of. | His extradition application is then expected to return to the High Court so it can formally be disposed of. |
Judge Sir John Thomas said: "It would be very nice for everyone if this was resolved happily before Christmas." | |
Sir John, president of the Queen's Bench Division, said it was a "very satisfactory outcome". | |
Home Secretary Theresa May approved Mr O'Dwyer's extradition after a court ruling in January. | Home Secretary Theresa May approved Mr O'Dwyer's extradition after a court ruling in January. |
In May, Mr O'Dwyer was told his appeal against the decision, which was due to take place in July at the High Court, would be delayed. | In May, Mr O'Dwyer was told his appeal against the decision, which was due to take place in July at the High Court, would be delayed. |
The High Court heard as a result of the deal struck by Mr O'Dwyer, an appeal would no longer be necessary. | The High Court heard as a result of the deal struck by Mr O'Dwyer, an appeal would no longer be necessary. |
The case was brought by the US Immigration and Customs Enforcement agency, which claimed the TVShack.net website earned more than $230,000 (£147,000) in advertising revenue. | The case was brought by the US Immigration and Customs Enforcement agency, which claimed the TVShack.net website earned more than $230,000 (£147,000) in advertising revenue. |
The US authorities obtained a warrant and seized the domain name in June 2010. | The US authorities obtained a warrant and seized the domain name in June 2010. |
'Copyright cops' | |
Human rights campaign group Liberty welcomed the proposed settlement of Mr O'Dwyer's case, but warned there was still need for reform of extradition laws. | |
Isabella Sankey, Liberty's director of policy, said: "This will be a huge relief for Richard, but how appalling that he had to wait so long for the US authorities to make this decision. | |
"Case after case shows that our extradition arrangements must be overhauled to allow people who have never left these shores to be dealt with here at home," she said. | |
Loz Kaye, leader of Pirate Party UK, a political party which wants to legalise non-commercial file-sharing, said the deal struck by Mr O'Dwyer showed the US extradition request had been "disproportionate and unnecessary". | |
"It does not remove the underlying problem, though. The US cannot be allowed to be the copyright cops of the world," said Mr Dwyer. |