Copyright infringers off to Guantanamo?


The Federal Court in Australia has ordered the extradition to the USA of one Hew Raymond Griffiths aka "bandido": USA v Griffiths . The interesting features of this case are that bandido's alleged criminal activity is copyright infringement and, further, that he has apparently never been to the USA.

"bandido" seems to live somewhere in New South Wales. However, the US government accuses him of conspiracy to commit criminal acts, to whit copyright infringement, aiding and abetting copyright infringement and criminal infringement by reproducing or distributing infringing copies. Indeed, "bandido" is alleged to be the ringleader of an online group alleged to have inflicted $50million of losses on the computer games, music and movie industries by their actions.

Jacobson J allowed the appeal from a magistrate's refusal to order extradition, having been satisfied, amongst other things, of the so-called double criminality test" - the crimes "bandido" is accused of in the USA would also be crimes if committed in Australia.

A further point to take away, although until recently it has been very rare to see actual prosecutions Down Under, is the reminder that copyright infringements are not just civil wrongs in Australia; they can also be criminal acts with heavy penalties (including potentially prison).

All you iPodders out there listening to your music probably don't have to spend your nights restlessly tossing in bed waiting for Tommy Lee Jones and the US Federal Marshalls to knock down your door. Sure 10,000 songs are a lot of infringing copies (admittedly not quite on the scale alleged against "bandido", but no doubt most of the infringing acts were committed in Australia so ARIA and its anti-piracy investigators are the more likely nemesis. In contrast, the crimes "bandido" is accused of were committed in the Land of the Brave and the Home of the Free although it seems that his part in the alleged conspiracy may well have been carried out in sunny climes north of the Murray but south of the Equator.

Posted: Sunday - 17 October, 2004 at 10:13 PM         |

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