Comments on: The case of Hew Griffiths and the reach of US jurisdiction http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/ Life, Culture and Politics from BrisVegas Tue, 14 Feb 2012 10:11:31 +0000 hourly 1 http://wordpress.org/?v=3.3 By: GregM http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281298 GregM Tue, 23 Oct 2007 04:40:33 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281298 <blockquote>If Hew Griffiths is a British citizen, how does Australia have the legal right (forget about moral when talking about politicians)to hand over a British citizen to America? </blockquote> The Extradition Act 1988 http://www.austlii.edu.au/au/legis/cth/consol_act/ea1988149/ gives then the right to allow extradition of any person within Australian jurisdiction. The nationality of that person is irrelevant.

If Hew Griffiths is a British citizen, how does Australia have the legal right (forget about moral when talking about politicians)to hand over a British citizen to America?

The Extradition Act 1988 http://www.austlii.edu.au/au/legis/cth/consol_act/ea1988149/ gives then the right to allow extradition of any person within Australian jurisdiction. The nationality of that person is irrelevant.

]]> By: mairi http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281297 mairi Tue, 23 Oct 2007 04:24:28 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281297 If Hew Griffiths is a British citizen, how does Australia have the legal right (forget about moral when talking about politicians)to hand over a British citizen to America? And what does Britain (who know how to protect its citizens from "American influence") feel about this unjust bizarre treatment of one of its citizens? If Hew Griffiths is a British citizen, how does Australia have the legal right (forget about moral when talking about politicians)to hand over a British citizen to America? And what does Britain (who know how to protect its citizens from “American influence”) feel about this unjust bizarre treatment of one of its citizens?

]]> By: Patrick Bateman http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281296 Patrick Bateman Fri, 20 Jul 2007 05:27:21 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281296 I wrote some thoughts about this episode <a href="http://www.intelligentdesign.com.au/blog/2007/07/17/australia-subject-to-the-laws-of-the-united-states/" rel="nofollow">here</a>. I always find it amazing how opaque and 'closed shop' international agreements about copyright are. The one group never represented is the most important one - copyright USERS, aka ordinary consumers. I wrote some thoughts about this episode here.

I always find it amazing how opaque and ‘closed shop’ international agreements about copyright are. The one group never represented is the most important one – copyright USERS, aka ordinary consumers.

]]> By: FDB http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281295 FDB Tue, 03 Jul 2007 03:14:29 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281295 Stuart, if you contact LP admin they might help put you in contact. Stuart, if you contact LP admin they might help put you in contact.

]]> By: stuart goodman http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281294 stuart goodman Tue, 03 Jul 2007 02:59:44 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281294 I am a freelance producer working up a story on this case. i am a fair way down the track, but someone has pointed me to this site. KC would you please contact me at the ABC, indeed if anyone has any real insight to offer, i would be happy to hear from you. Loose invective, mad rants and common abuse will head for the bin, I am really interested in contacting some of the DoD guys who were convicted. hope you can help I am a freelance producer working up a story on this case. i am a fair way down the track, but someone has pointed me to this site.
KC would you please contact me at the ABC, indeed if anyone has any real insight to offer, i would be happy to hear from you. Loose invective, mad rants and common abuse will head for the bin, I am really interested in contacting some of the DoD guys who were convicted.
hope you can help

]]> By: KC http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281293 KC Wed, 09 May 2007 11:06:34 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281293 Hew entered into a plea bargain a couple of weeks ago. This plea bargain was for the charge of conspiracy to commit copyright infringement. The actual charge of copyright infringement was dismissed. This I feel raises serious concerns as to why the Australian government was so eager to have Hew extradited and to the due process afforded to Hew in his extradition case. The Watcher you are 100% right in your comments. The case of Hew Griffiths is nothing more then a political show trial. How about this, part of the plea bargain was for any sentence imposed on him will take into account the time served here in Oz. How is this going to work fairly given that Hew has already spent more time incarcerated than any of his co-conspirators. For example John Sankus convicted May 2002 and sentenced to 46 months. In Novenber 2002 his sentence was reduced to 18 months. Hew has already been in prison for 3 years. Hew entered into a plea bargain a couple of weeks ago. This plea bargain was for the charge of conspiracy to commit copyright infringement. The actual charge of copyright infringement was dismissed. This I feel raises serious concerns as to why the Australian government was so eager to have Hew extradited and to the due process afforded to Hew in his extradition case.

The Watcher you are 100% right in your comments. The case of Hew Griffiths is nothing more then a political show trial.

How about this, part of the plea bargain was for any sentence imposed on him will take into account the time served here in Oz. How is this going to work fairly given that Hew has already spent more time incarcerated than any of his co-conspirators. For example John Sankus convicted May 2002 and sentenced to 46 months. In Novenber 2002 his sentence was reduced to 18 months. Hew has already been in prison for 3 years.

]]> By: The Watcher http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281292 The Watcher Wed, 09 May 2007 04:01:11 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281292 The Americans would be the first to protect a National of their own country and would not under any circumstances give them up for software piracy. To make this young person spend 10 years in a foreign country in my opinion is a crime unto itself. The way I see it he could have served any time in OZ but the USA is now being run by big business and it just shows how far Corporations will go to get the last bit of blood from a stone. By the way, the Land of OZ should be ashamed for what it has done, when did the government of Australia become the lapdog of the American Corporate Control. The Americans would be the first to protect a National of their own country and would not under any circumstances give them up for software piracy. To make this young person spend 10 years in a foreign country in my opinion is a crime unto itself.

The way I see it he could have served any time in OZ but the USA is now being run by big business and it just shows how far Corporations will go to get the last bit of blood from a stone.

By the way, the Land of OZ should be ashamed for what it has done, when did the government of Australia become the lapdog of the American Corporate Control.

]]> By: Illusive Mind http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281291 Illusive Mind Wed, 09 May 2007 00:17:57 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281291 http://illusive-mind.com/politics/hew-griffiths/ http://illusive-mind.com/politics/hew-griffiths/

]]> By: Martin D http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281290 Martin D Mon, 07 May 2007 06:32:19 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281290 I just found this site after Googling Hew's name as a result of reading today's SMH article about his situation. The obvious analogies with the Hicks case struck me straight away. Yes, we Australians produce IPR that is exported to the US as well. Is it actually possible for the Australian government to successfully extradite a US resident for illegaly copying Australian owned IPR? Further, what is the specific legal criterion in question here? <em>Is it only the "country of ownership" that should appropriately apply due process to the prosecution of copyright infringement?</em> I doubt it. The corollary would be that copying foreign-owned material was, in fact, not illegal in Australia. Copyright that belongs to a multinational does not naturally, in my mind, belong to any particular country. It sounds to me like Hew had, in fact, also broken Australian laws and should have been prosecuted under Australian law. If the Australian government didn't feel he'd broken any local laws, then why were they so comfortable that he could properly be prosecuted in the US? If he didn't break an Australian law then surely this indicates the need for Australia and the US to work on a more coherent international legal framework - i.e. modifying the Australian and/or US legislation for consistency. It doesn't strike me as a case for extraditing someone. I can legally disable region-coding on a DVD player in Australia. Is that legal in the US? If not, then can I be extradited to the US for doing something legal in Australia? Either Hew broke Australian laws - in which case why isn't he being prosecuted in Australia? - or he didn't, in which case why is he being treated this way? Cheers, Martin I just found this site after Googling Hew’s name as a result of reading today’s SMH article about his situation. The obvious analogies with the Hicks case struck me straight away.

Yes, we Australians produce IPR that is exported to the US as well. Is it actually possible for the Australian government to successfully extradite a US resident for illegaly copying Australian owned IPR?

Further, what is the specific legal criterion in question here? Is it only the “country of ownership” that should appropriately apply due process to the prosecution of copyright infringement? I doubt it. The corollary would be that copying foreign-owned material was, in fact, not illegal in Australia. Copyright that belongs to a multinational does not naturally, in my mind, belong to any particular country.

It sounds to me like Hew had, in fact, also broken Australian laws and should have been prosecuted under Australian law. If the Australian government didn’t feel he’d broken any local laws, then why were they so comfortable that he could properly be prosecuted in the US?

If he didn’t break an Australian law then surely this indicates the need for Australia and the US to work on a more coherent international legal framework – i.e. modifying the Australian and/or US legislation for consistency. It doesn’t strike me as a case for extraditing someone.

I can legally disable region-coding on a DVD player in Australia. Is that legal in the US? If not, then can I be extradited to the US for doing something legal in Australia?

Either Hew broke Australian laws – in which case why isn’t he being prosecuted in Australia? – or he didn’t, in which case why is he being treated this way?

Cheers,
Martin

]]> By: DoD Convict http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281289 DoD Convict Wed, 14 Mar 2007 02:32:42 +0000 http://larvatusprodeo.net/2007/02/18/the-case-of-hew-griffiths-and-the-reach-of-us-jurisdiction/#comment-281289 I don't have it ... did site admin send it? sorry, didn't check this site for weeks. I don’t have it … did site admin send it?

sorry, didn’t check this site for weeks.

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