<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	>
<channel>
	<title>Comments on: The long arm of US law</title>
	<atom:link href="http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/feed/" rel="self" type="application/rss+xml" />
	<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/</link>
	<description>Two lawyers on law, legislation and liberty. And other stuff.</description>
	<pubDate>Thu, 20 Nov 2008 11:02:54 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.5.1</generator>
		<item>
		<title>By: LawFont.com &#187; Crikey on Griffiths</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10536</link>
		<dc:creator>LawFont.com &#187; Crikey on Griffiths</dc:creator>
		<pubDate>Mon, 25 Jun 2007 22:57:35 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10536</guid>
		<description>[...] commentary on the case can be found at Larvatus Prodeo, Catallaxy, Legal Soapbox (here and here), Inchoate, and IPWars - and even the IPKat, as well as the mainstream media (here and here). Malik [...]</description>
		<content:encoded><![CDATA[<p>[...] commentary on the case can be found at Larvatus Prodeo, Catallaxy, Legal Soapbox (here and here), Inchoate, and IPWars - and even the IPKat, as well as the mainstream media (here and here). Malik [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10524</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Fri, 11 May 2007 09:33:57 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10524</guid>
		<description>Pete M,

I'm sorry, the spam filter ate your comment and I only discovered it today, along with two of my own comments - Akismet hates me, I'm not sure why. It's always eating my comments.

What about KC's comments that Griffiths is a "fall guy" for others and there are other more culpable individuals out there?

Another problem is that the way in which AUSFTA is drafted will make it difficult for Australian companies to develop their own IP...making it unlikely that we'd need a reciprocal favour in relation to a copyright thief from the US...

I'm not saying what Griffiths did was right (it was theft) but his offence seems less morally culpable, say, than Hicks, who may end up serving less time.

LE</description>
		<content:encoded><![CDATA[<p>Pete M,</p>
<p>I&#8217;m sorry, the spam filter ate your comment and I only discovered it today, along with two of my own comments - Akismet hates me, I&#8217;m not sure why. It&#8217;s always eating my comments.</p>
<p>What about KC&#8217;s comments that Griffiths is a &#8220;fall guy&#8221; for others and there are other more culpable individuals out there?</p>
<p>Another problem is that the way in which AUSFTA is drafted will make it difficult for Australian companies to develop their own IP&#8230;making it unlikely that we&#8217;d need a reciprocal favour in relation to a copyright thief from the US&#8230;</p>
<p>I&#8217;m not saying what Griffiths did was right (it was theft) but his offence seems less morally culpable, say, than Hicks, who may end up serving less time.</p>
<p>LE</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10535</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Fri, 11 May 2007 09:21:04 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10535</guid>
		<description>KC,

FYI - above in one of my comments there are a few links to cautionary articles about the implications of AUSFTA and the IP section. The Australian government seems to have naively assumed we are "mates" with the US so they wouldn't rip us off. However, of course the US is going to look after its own interests first (as it is entitled to do). We should have looked after our own interests better.

LE</description>
		<content:encoded><![CDATA[<p>KC,</p>
<p>FYI - above in one of my comments there are a few links to cautionary articles about the implications of AUSFTA and the IP section. The Australian government seems to have naively assumed we are &#8220;mates&#8221; with the US so they wouldn&#8217;t rip us off. However, of course the US is going to look after its own interests first (as it is entitled to do). We should have looked after our own interests better.</p>
<p>LE</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: KC</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10534</link>
		<dc:creator>KC</dc:creator>
		<pubDate>Fri, 11 May 2007 09:13:59 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10534</guid>
		<description>David Tiley, I wish this was the case. Hew was extradited to the US 17th Feb 2007. Two weeks ago Hew entered into a plea bargain for the charge of conspiracy to commit copyright infringement. The actual charge of copyright infringement was diamissed. The DOJ would not have been able to prove this charge so they dropped it. We all know how slow a dial up connection is, yet for the purpose of having Hew extradited they claimed he uploaded and downloaded hundreds of movies and software. This claim is just a lie and the Australian government was either more then happy to go along with it or just too stupid to see through the smoke and mirrors. You decide. Keep in mind that in the transcript of the Federal Court for the extradition of Hew they claimed that they could not do the copyright infringement charge on its own, that they needed the conspiracy charge as well. So what you have is an allegation of copyright infringement based on heresay evidence from American members of DoD doing plea bargains and pointing the finger at Hew to save their own skins. This then brings up the point of dual criminality in the Australian Extradition Act. Due to the NET Act introduced into American law, speciffically targeting WAREZ groups which makes it illegal to be a member of a WAREZ group this is where the conspiracy charge rises from, in that Hew as member is accountable by the actions of other members. Remember that all of the 45 americans who where part of DoD rolled over to save themselves.

 Apply this to Australian law and it doesn't hold up. It is not illegal to be a member of a WAREZ group in this country, which leaves them with a bare faced lie they called copyright infringement. In a response from Alexander Downer to this case he advised me that the Australian Federal Police never investigated Hew. WHY???

Hew Griffiths should not have been extradited. The current Howard government has bowed down to the US yet again, and in doing so have not only tarnished the soveriegnty of this country but have belittled the legal system. This case has set a very dangerous precident. I would ask people to at least have a look at the Free Trade Agreement between Australia and the US. In particular the section on Intelectual Property.</description>
		<content:encoded><![CDATA[<p>David Tiley, I wish this was the case. Hew was extradited to the US 17th Feb 2007. Two weeks ago Hew entered into a plea bargain for the charge of conspiracy to commit copyright infringement. The actual charge of copyright infringement was diamissed. The DOJ would not have been able to prove this charge so they dropped it. We all know how slow a dial up connection is, yet for the purpose of having Hew extradited they claimed he uploaded and downloaded hundreds of movies and software. This claim is just a lie and the Australian government was either more then happy to go along with it or just too stupid to see through the smoke and mirrors. You decide. Keep in mind that in the transcript of the Federal Court for the extradition of Hew they claimed that they could not do the copyright infringement charge on its own, that they needed the conspiracy charge as well. So what you have is an allegation of copyright infringement based on heresay evidence from American members of DoD doing plea bargains and pointing the finger at Hew to save their own skins. This then brings up the point of dual criminality in the Australian Extradition Act. Due to the NET Act introduced into American law, speciffically targeting WAREZ groups which makes it illegal to be a member of a WAREZ group this is where the conspiracy charge rises from, in that Hew as member is accountable by the actions of other members. Remember that all of the 45 americans who where part of DoD rolled over to save themselves.</p>
<p> Apply this to Australian law and it doesn&#8217;t hold up. It is not illegal to be a member of a WAREZ group in this country, which leaves them with a bare faced lie they called copyright infringement. In a response from Alexander Downer to this case he advised me that the Australian Federal Police never investigated Hew. WHY???</p>
<p>Hew Griffiths should not have been extradited. The current Howard government has bowed down to the US yet again, and in doing so have not only tarnished the soveriegnty of this country but have belittled the legal system. This case has set a very dangerous precident. I would ask people to at least have a look at the Free Trade Agreement between Australia and the US. In particular the section on Intelectual Property.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: david tiley</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10533</link>
		<dc:creator>david tiley</dc:creator>
		<pubDate>Thu, 10 May 2007 14:19:58 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10533</guid>
		<description>Are you telling us he has been surrendered to another jurisdiction for a crime he committed here, but that he might yet be saved because our internet connections are so slow?

That would be a sweetly perverse moment.</description>
		<content:encoded><![CDATA[<p>Are you telling us he has been surrendered to another jurisdiction for a crime he committed here, but that he might yet be saved because our internet connections are so slow?</p>
<p>That would be a sweetly perverse moment.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: KC</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10532</link>
		<dc:creator>KC</dc:creator>
		<pubDate>Thu, 10 May 2007 12:05:35 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10532</guid>
		<description>Drink or Die at the time of the bust were only a shadow of what they used to be. Yeah they released Win 95 prior to Microsoft but that was when DoD was run by the Russians.RiscISO released Win 98 4 weeks prior to Microsoft. The DOJ have to make out DoD were a big deal to please the Entertainment Cartels they represent.

The main recent amendment to Australian copyright law came as part of the Aust/US Free Trade Agreement.

The other interesting fact in Hews case is that theDOJ and the Customs Dept had a paid informant in DoD. They paid him to solicit names and addresses of other members, as well as recruit members.

The main evidence against Hew came from the Americans who got busted and pointed the finger at Hew for a sweet plea bargain. What they didn't know was that Hew only had a dial up connection, it would be physically impossible for Hew to have Downloaded and Uploaded what they claim. I think this was the main reason the copyright infringement charge was dismissed.</description>
		<content:encoded><![CDATA[<p>Drink or Die at the time of the bust were only a shadow of what they used to be. Yeah they released Win 95 prior to Microsoft but that was when DoD was run by the Russians.RiscISO released Win 98 4 weeks prior to Microsoft. The DOJ have to make out DoD were a big deal to please the Entertainment Cartels they represent.</p>
<p>The main recent amendment to Australian copyright law came as part of the Aust/US Free Trade Agreement.</p>
<p>The other interesting fact in Hews case is that theDOJ and the Customs Dept had a paid informant in DoD. They paid him to solicit names and addresses of other members, as well as recruit members.</p>
<p>The main evidence against Hew came from the Americans who got busted and pointed the finger at Hew for a sweet plea bargain. What they didn&#8217;t know was that Hew only had a dial up connection, it would be physically impossible for Hew to have Downloaded and Uploaded what they claim. I think this was the main reason the copyright infringement charge was dismissed.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10531</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Thu, 10 May 2007 00:35:19 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10531</guid>
		<description>DOD apparently released Windows 95 two weeks before Microsoft released the official version. I'm not sure what else they did.</description>
		<content:encoded><![CDATA[<p>DOD apparently released Windows 95 two weeks before Microsoft released the official version. I&#8217;m not sure what else they did.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Illusive Mind</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10530</link>
		<dc:creator>Illusive Mind</dc:creator>
		<pubDate>Thu, 10 May 2007 00:10:27 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10530</guid>
		<description>Nice follow up, very detailed examination of the law at work here. I wonder if you know specifically which US companies were involved in this case?

I find it unsurprising that their PR departments would not want their heavy-handed tactics publicized. This is why (in part) we have useful acronyms like the RIAA.</description>
		<content:encoded><![CDATA[<p>Nice follow up, very detailed examination of the law at work here. I wonder if you know specifically which US companies were involved in this case?</p>
<p>I find it unsurprising that their PR departments would not want their heavy-handed tactics publicized. This is why (in part) we have useful acronyms like the RIAA.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10529</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Wed, 09 May 2007 13:36:26 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10529</guid>
		<description>Thank you all!

John, if you want to change over, e-mail me and I'll tell you how to do it (it was very easy).

Bruce: yes, indeed. I was having a look at the Draft Bill which introduced the changes, and I noted that Senator Bartlett objected to it somewhat. At least someone was on the ball!

AUSFTA seems to have been skewed towards protecting US intellectual property rights, and the new IP regime could cause problems for Australia, according to the couple of academic articles I read online yesterday (&lt;a href="http://www.firstmonday.org/issues/issue11_3/rimmer/index.html" rel="nofollow"&gt;here&lt;/a&gt;  and &lt;a href="http://evatt.labor.net.au/publications/papers/140.html" rel="nofollow"&gt;here&lt;/a&gt;, as well as a &lt;a href="http://www.aph.gov.au/house/committee/laca/protection/report.htm" rel="nofollow"&gt;Report&lt;/a&gt; by the House of Representative Standing Committee on Legal and Constitutional Affairs).</description>
		<content:encoded><![CDATA[<p>Thank you all!</p>
<p>John, if you want to change over, e-mail me and I&#8217;ll tell you how to do it (it was very easy).</p>
<p>Bruce: yes, indeed. I was having a look at the Draft Bill which introduced the changes, and I noted that Senator Bartlett objected to it somewhat. At least someone was on the ball!</p>
<p>AUSFTA seems to have been skewed towards protecting US intellectual property rights, and the new IP regime could cause problems for Australia, according to the couple of academic articles I read online yesterday (<a href="http://www.firstmonday.org/issues/issue11_3/rimmer/index.html" rel="nofollow">here</a>  and <a href="http://evatt.labor.net.au/publications/papers/140.html" rel="nofollow">here</a>, as well as a <a href="http://www.aph.gov.au/house/committee/laca/protection/report.htm" rel="nofollow">Report</a> by the House of Representative Standing Committee on Legal and Constitutional Affairs).</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bruce</title>
		<link>http://skepticlawyer.com.au/2007/05/the-long-arm-of-us-law/#comment-10528</link>
		<dc:creator>Bruce</dc:creator>
		<pubDate>Wed, 09 May 2007 12:51:54 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/05/08/the-long-arm-of-us-law/#comment-10528</guid>
		<description>&lt;i&gt;In addition, Australia had to enact detailed amendments to its intellectual property laws to bring them up to the standard required by the US.&lt;/i&gt;

Plus a whole heap of pages of extra amendments added at the last minute so as to get past the senate without much debate. ;-)</description>
		<content:encoded><![CDATA[<p><i>In addition, Australia had to enact detailed amendments to its intellectual property laws to bring them up to the standard required by the US.</i></p>
<p>Plus a whole heap of pages of extra amendments added at the last minute so as to get past the senate without much debate. <img src='http://skepticlawyer.com.au/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /></p>
]]></content:encoded>
	</item>
</channel>
</rss>
