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Supporters of UK's O'Dwyer Seek to Halt Extradition reports Alluc

(Entertainment-NewsWire.com, November 14, 2012 ) San Francisco, CA -- A United Kingdom High Court appeal resulting in a decision not to extradite hacker Gary McKinnon to the United States gave hope to those concerned for the fate of former TVShack admin Richard O’Dwyer.



In O’Dwyer’s case, despite a High Court appeal of his own, the situation is not so bright.



O’Dwyer’s mother recently told TorrentFreak she believes her son’s extradition is “almost certain.” She is expecting him to be sent to the U.S. with little notice at any time.



Last year police arrested O’Dwyer for operating TVShack. The website listed user-submitted links to television shows hosted on other websites.



U.S. authorities submitted an extradition request to U.K. Home Secretary Theresa May, who officially approved the request earlier this year.



Since then, O’Dwyer and his mother Julia O’Dwyer have fought extradition with the support of others, including Wikipedia founder Jimmy Wales, who view the situation as civil liberties versus copyright industries.



The O’Dwyers await the response to their appeal to the High Court against the decision of a lower court judge to allow the extradition. Their hearing is scheduled for December 4 at London’s Royal Courts of Justice.



“In order to proceed with an extradition the alleged conduct must be a crime punishable with more than 12 months in prison in both countries,” said Julia O’Dwyer to TorrentFreak. “Despite the judge saying at the October/November hearings last year that we had a good strong legal argument supporting this (an opinion which was agreed by the prosecution Barrister), when considering his decision he strangely changed his mind and decided the other way.”



Many have compared O’Dwyer’s TVShack to the defunct TV-Links site, which was also subjected to legal action. Those behind TV-Links were absolved of any guilt when a judge ruled that Section 17 of the European Commerce Directive 2000 permitted TV-Links to link to other web sites.



The ruling will be included in O’Dwyer’s appeal. “We will be strengthening these arguments at appeal and as you might expect have sought expert IP opinion on the matter,” said Julia O’Dwyer.



Meanwhile, May decided last week not to grant permission to extradite McKinnon to the US. May added that the government would include the so-called Forum Amendment to its existing extradition treaty.



“This means that where an accused has committed all or a significant amount of the alleged conduct in the UK, then the courts will be able to decide whether they should be tried in the UK,” said Julia O’Dwyer. “This is a major breakthrough and is what the campaigners for extradition reform have been fighting for for years. This would apply in Richard’s case but as the law has not yet been changed and I don’t know when it will, this is not likely to benefit Richard.”



Julia O’Dwyer added that there has never been a U.S. citizen extradited to the U.K. for a crime committed from U.S. soil, and yet - other than McKinnon - nearly every requested extradition to the U.S. of U.K. citizens has occurred.



It is for that reason that Julia O’Dwyer is expecting her son’s extradition and that she is preparing for it as best she can.



Several people have offered to underwrite or donate labor to O’Dwyer’s case in the US. There are additional costs involved as well.



“There still remains the worry of financial costs in the US,” said Julia O’Dwyer. “There will be personal financial costs associated with travel to the US, accommodation and the cost of securing an address for Richard to live at in order to be allowed bail. These costs will have to be covered by me somehow. What concerns me are the unknown additional costs which we could be faced with such as a large bail bond or an even more costly financial penalty running into hundreds of thousands of dollars if Richard were to be found guilty.”



To help defray such costs, a woman named Angela Roberts created a GoFundMe page (http://www.gofundme.com/1bo8vo) to help raise £25,000. for O’Dwyer and his family.

“This is a large amount to be raised and I know times are hard for many of us so with that in mind please donate only if you can afford to do so,” said Julia O’Dwyer. “Your online and public support has been invaluable and has helped get us through this dreadful situation.”



Meanwhile, Wales created a Change.org petition (http://www.change.org/en-GB/petitions/ukhomeoffice-stop-the-extradition-of-richard-o-dwyer-to-the-usa-saverichard) seeking to halt O’Dwyer’s extradition.



About Alluc.org:

Alluc.org (http://www.alluc.org/) allows users to watch television shows and free full-length movies. Alluc.org also features cartoons, anime, musical performances, documentaries, and sports events.



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