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'Pirate' Website Owner Sentenced To 4 Years In Prison

Grumbleduke writes "Anton Vickerman, who owned SurfTheChannel.com, has been sentenced to 4 years in prison following his conviction last month for 'conspiracy to defraud.' This is the first successful prosecution of an individual in the UK for running a website merely linking to allegedly infringing content (several earlier cases collapsed or resulted in acquittals). Vickerman was prosecuted for the controversial offense of 'conspiracy to defraud' for 'facilitating copyright infringement,' rather than for copyright infringement itself, and it is worth noting that the relevant copyright offense carries a maximum prison sentence of only two years — half of what was given. FACT, the Hollywood-backed enforcement group who were heavily involved in the prosecution noted that the conviction 'should send a very strong message to those running similar sites that they can be found, arrested and end up in prison,' but it remains to be seen whether this will have any effect on pirate sites, or encourage development of the largely hopeless legal market for online film."

37 of 212 comments (clear)

  1. Good boyyy!!!! You're going to get a treat, UK!!! by Anonymous Coward · · Score: 5, Insightful

    A snausages just for you, boy!! Who's a good U.S. lapdog? Yes, *you* are!!

  2. Conspiracy to defraud by Hatta · · Score: 5, Informative

    So when can we expect "conspiracy to defraud" cases to be initiated against, e.g., the suits in charge of RBS leading up to the 2008 financial crisis?

    --
    Give me Classic Slashdot or give me death!
    1. Re:Conspiracy to defraud by Mitreya · · Score: 3, Funny

      when can we expect "conspiracy to defraud" cases to be initiated e.g., the suits in charge of RBS

      As soon one of them pirates Margin Call.

    2. Re:Conspiracy to defraud by wild_quinine · · Score: 5, Insightful

      So when can we expect "conspiracy to defraud" cases to be initiated against, e.g., the suits in charge of RBS leading up to the 2008 financial crisis?

      No. Clearly not. Those people are important

      Actually though, the conspiracy to defraud bit is important. He can't be charged with Copyright Infringement, because he didn't do it. He can't be charged with contributory copyright infringement, because that's not even a crime. So instead he's been done on 'conspiracy to defraud', a law which is considered wobbly at the best of times.

      But it gets worse. The sentence handed down is double the maximum possible sentence for copyright infringement.

      We've done him worse than he would have been done for the crime he didn't even commit.

    3. Re:Conspiracy to defraud by Anonymous Coward · · Score: 2, Insightful

      Then how about they charge him with something concrete?

      Maybe he found a loophole in the law just like the banks, corps and traders have been doing for decades. If he was making REAL money, he wouldn't be found guilty. Just ask the real neuveau riche

    4. Re:Conspiracy to defraud by wild_quinine · · Score: 2

      It's one thing to share stuff between friends, it's another to make between £12,000 and £60,000 a month from sharing other peoples content. Clearly the site was profit-oriented.

      Yes, quite so. But then, copyright infringement is not a crime when it is 'done between friends'. It becomes a crime at around the value of £1500, if I remember correctly. And there's a law dealing with criminal copyright infringement which has a maximum sentence of two years. So there's the distinction you were looking for, and I would say that two years is harsh enough.

      However, linking to infringing content is NOT copyright infringement. So even though this guy helped a lot of people infringe copyright, he didn't actively copy the content himself, which means he's not guilty of that crime. And there is no crime of contributory copyright infringement. So they can't do him on that.

      If that's all clear, can you tell me in what world do you think it is OK to scour the lawbooks and find someone guilty of a crime with a higher maximum sentence than the crime you'd like to get them on but can't because they didn't commit it.

      Doesn't that seem just a little bit, I don't know, corrupt?

    5. Re:Conspiracy to defraud by StillAnonymous · · Score: 2

      Why can't he just pay a "settlement" that amounts to a small fraction of the money he made from this? I mean, if that works for Standard Charter and the State of New York, why not for him? His crime wasn't anything near as severe as laundering $250B for a blacklisted country.

  3. So much for the Magna Carta . . . by mmell · · Score: 3, Interesting

    Now you Brits know how we Americans feel when we wipe with our Constitution. Based on my read of BBC's coverage, looks like this guy was guilty until proven innocent.

    1. Re:So much for the Magna Carta . . . by iserlohn · · Score: 2

      The constitution of the UK is based on political acceptability due to the doctrine of Parlimentary sovereignty and the widespread use of convention within the apparatus of government. There are of course drawbacks in this system, but many people overlook the benefits - legislation cannot be challenged in court for constitutionality, resulting in a legislative program which can push changes through as long as the government has the mandate politically. Think of the issues that Obama faced *after* passing the health care reforms.

  4. Merely linking? by Havenwar · · Score: 5, Insightful

    While I'm a rather happy pirate and pirate supporter, I don't think you can quite count it as "merely linking" if you actively source pirated material to link to. The flimsy excuse the pirate bay has for instance is that it's "just an indexing site" and can just as happily be used for legal material... when you are going out and looking for pirated stuff to link to, "merely" leaves the table.

    Also I might just be tired, but the summary makes it seem like he got four years out of a maximum of two possible - that's not the case. He got 4 years out of a maximum of TEN possible according to the articles I've seen about it.

    And now I feel all dirty for having to take the wrong side in this argument. I wish people would understand that if we stopped using hyperbole and chest thumping tactics we'd win on default in the eyes of the public. With articles like this, misrepresenting facts, twisting words, transparent agendas... That's as low and useless as the *AA tactics we oppose.

    I need a shower, proceed with the discussion without me.

    1. Re:Merely linking? by Dyinobal · · Score: 4, Interesting

      Ten years for running a site that linked largely older content that wasn't on TV or offered any where on line. Ya The guy deserves years in a federal pound you in the ass prison.

      The problem is this guy should of ran the site under the guise of a corporation, JPmorgan only got fiend like 4 million dollars after making 21 million on a price fixing scheme in New York. No one went to jail and they got to keep a cool 17 million dollars that they stole from the people of New York.

    2. Re:Merely linking? by pla · · Score: 4, Interesting

      I don't think you can quite count it as "merely linking" if you actively source pirated material to link to.

      Welcome to the intersection of copyright as the default state of any creative work, and the internet.

      Everything on the internet has a copyright on it, and you do not (usually) have permission from the copyright holder to link to it.

      Yes, we can all quibble over this as an egregious example, but it sets a really bad precedent that moves us solidly back in the direction of "producers" and "consumers", rather than "participants".

    3. Re:Merely linking? by maroberts · · Score: 2

      The problem is this guy should of ran the site under the guise of a corporation,.

      Actually he did run the site as a Limited Company (equivalent of a Corporation in the UK) so that idea didn't carry much water

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    4. Re:Merely linking? by xaxa · · Score: 3, Insightful

      Ya The guy deserves years in a federal pound you in the ass prison.

      Please not that on this side of the Atlantic, anal rape is not seen as an appropriate punishment.

    5. Re:Merely linking? by cpu6502 · · Score: 2

      >>>While I'm a rather happy pirate and pirate supporter, I don't think you can quite count it as "merely linking" if you actively source pirated material to link to.

      So what's next?
      I'll be arrested for "conspiracy to hate" because I link to KKK.com? Arrested for "conspiracy to aid & abet" because I link to iran.gov? Arrested for "conspiracy to demean the reputation of the U.S. Congress" because I link to alexjones.com?

      Free speech means free speech in ALL things, even if we don't like what the idiot on the other end has to say. Linking is not a crime. It is simply speech saying, "Here's where those guys are located." No different than pointing on a map and saying Here's the KKK headquarters.

      If piratebay, the KKK, or alexjones are committing crimes then THEY are the ones who should be arrested, not the people who simply point to an address. Fucking bastard politicians will soon take-away all right of expression, and leave us chained..... afraid to say or write anything.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    6. Re:Merely linking? by Dan667 · · Score: 3, Interesting

      Your tact is still wrong. You have to go on offense. Instead of discussing this people should instead be discussing why Hollywood Accounting is not being aggressively dealt with. Directors, Actors, Musicians, ... losses from Hollywood Accounting are huge and US taxpayers are losing big as well.

    7. Re:Merely linking? by IamTheRealMike · · Score: 2

      He deliberately sought out and "quality checked" pirated material, and then made large sums of money off advertising on his site. In other words he made serious bank from a professional piracy operation - abusing other peoples work for personal profit.

      I don't have any sympathy for this guy. It's good that he got sent down. The only WTF in this case, as far as I can see, is that there's no law on the books directly for that kind of thing. Probably there should be.

    8. Re:Merely linking? by Grumbleduke · · Score: 4, Informative

      As the author of the summary, perhaps I should clarify.

      With regard to "merely linking", he was convicted of conspiracy to defraud for "facilitating copyright infringement" through running a website. The website didn't host any videos, but merely linked to them. The "merely" is applied to distinguish linking from hosting, or sharing directly (there have been a few successful prosecutions in the UK for people actually sharing stuff). This distinction is important because there's a lot of doubt in the UK (and elsewhere) as to whether or not "linking" is actually copyright infringement.

      Also I might just be tired, but the summary makes it seem like he got four years out of a maximum of two possible - that's not the case. He got 4 years out of a maximum of TEN possible according to the articles I've seen about it.

      The point I was trying to make here (and I note that what I wrote was edited, not sure what I actually wrote, but I wouldn't have spelt "offence" with an s in that context) was that had he actually been charged with criminal copyright infringement, he would have faced a maximum of 2 years in prison. But because FACT/the MPAA went with the broader, but highly controversial (to the extent that the Law Commission recommended it be repealed years ago, and there are strict restrictions on when public prosecutions for it can be brought - this was a private prosecution) offence of "conspiracy to defraud", which criminalises a "dishonest agreement" to do something that may not itself be unlawful or cause any harm. But yes, that offence does have a maximum sentence of 10 years.

    9. Re:Merely linking? by Anonymous+Brave+Guy · · Score: 2

      I'm amazed that you somehow managed to skip the U.S.A. in your research:

      Would that be the same U.S.A. that is arguably the world's strongest proponent of intellectual property laws? And where there are no defamation lawsuits, except for all the ones there have been, and there are no explicit defamation laws, because the one third or so of the states where it's actually a criminal matter just misunderstood? Next time you go through airport security, you should tell the security guys a joke about having a bomb, too, because I hear they have a great sense of humour about that kind of thing.

      All the legitimate damages attributed to speech are actually caused by other actions which, unlike speech, are capable of violating another person's rights of self-ownership. Such damages can be countered without abridging the freedom of speech.

      So you have freedom of speech except that you can be penalised if you say certain things and there are negative consequences? I think you and I have different understandings of the word "freedom".

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  5. You know, unless you get that prison population up by fustakrakich · · Score: 2

    You won't have anybody to change your bedpans in ten or twenty years. Then what? Well, I guess there's always immigration to fill in, and you get more people to lock up and make work for free.

    The fraud didn't matter. That's a part of everyday business amongst the big boys. No, the problem here was he picked the wrong target.

    --
    “He’s not deformed, he’s just drunk!”
  6. Jail Time for Civil Offenses? by CanHasDIY · · Score: 4, Interesting

    So, I suppose this means giving people jail time for minor civil infractions (while letting major crimes, such as international larceny and funding terrorism, go unpunished) is the new normal?

    Looks like Vickerman's real crime was not being wealthy enough to buy his way out of trouble...



    This world, she is fucked...

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
    1. Re:Jail Time for Civil Offenses? by Desler · · Score: 2

      He wasn't tried for a civil offense. You must be out of the loop since the TRIPS agreement maintained by WIPO introduced crimInal liability for copyright offenses years ago.

    2. Re:Jail Time for Civil Offenses? by CanHasDIY · · Score: 5, Insightful

      He wasn't tried for a civil offense. You must be out of the loop since the TRIPS agreement maintained by WIPO introduced crimInal liability for copyright offenses years ago.

      Not at all, I just flat-out will not accept the re-assignment of a civil infraction into a criminal one, just because some corporate assholes paid off a couple politicians.

      Society should not allow people to be jailed and have their livelihoods stolen over goddamn entertainment media. It's sick, and I for one refuse to so much as acknowledge the idea.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    3. Re:Jail Time for Civil Offenses? by Grumbleduke · · Score: 2

      Except he wasn't charged with copyright infringement. He was charged with conspiracy to defraud, which covers a dishonest agreement to do something that might cause someone a loss (or not to make a gain, or injure a property right they have), even though the actual something may not itself be illegal (either criminally, or under civil law).

      If he had been charged with copyright infringement, there's a good chance he would have been found not guilty (as copyright may not cover linking etc.), and if not, would have faced at most 2 years in prison, not 10. This is a case of the lobby groups saying "you gave us criminal copyright laws, but they're too hard to prosecute and too soft on evil pirates, so we're going to (ab)use other laws instead".

  7. What the hell? by pointyhat · · Score: 2

    So when are youtube's owning stake in the UK being locked up for this one then?

    http://www.youtube.com/watch?v=bBn4RMTU9SU (the crow - full movie)

  8. Re:Good boyyy!!!! You're going to get a treat, UK! by cpu6502 · · Score: 4, Insightful

    States are now puppets of the corporations. This is something I can't seem to make anarchist-capitalists understand. They don't comprehend that money == power. With a government the corporations may not exist, but the large companies and rich owners would still be in charge and writing the laws that make us all victims to their whims.

    ALSO: How can a judge enact a punishment that is double that proscribed by law? This looks like a stupid decision just waiting to be overturned by an appeals court.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  9. international terrs by harvey+the+nerd · · Score: 2, Interesting

    The US Gov has mutated and is deep into international extortion and terrorism, even on a retail basis. Basically, governments all over the world need to tell them and their weaslely spying and extortion to get stuffed ans stay home. We taxpayers would appreciate it, too.

  10. Re:Good boyyy!!!! You're going to get a treat, UK! by alexgieg · · Score: 2

    States are now puppets of the corporations. This is something I can't seem to make anarchist-capitalists understand. They don't comprehend that money == power.

    But this happens because the current standard of "doing politics" is money-based. There are alternative systems in which having money doesn't translate into having power (at least not automatically), such as those based on birth (monarchy/feudalism) or merit (the pre-modern Chinese bureaucracy), but they're mostly frown upon, and for good reasons. Then there are those in which money basically isn't permitted, but those also don't solve the issue, as in them you simply declare the de jure political rulers as being the de facto owners of 100% of the money, there not existing any distinction whatsoever anymore. The solution, if any, definitely isn't clear.

    --
    Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
  11. Re:FACT! by Fned · · Score: 3, Informative

    FACT: you are a dumbass.

  12. Re:Good boyyy!!!! You're going to get a treat, UK! by JaredOfEuropa · · Score: 2, Insightful

    Corporations undeniably have considerable power and influence, but that's a far cry from being the state's puppet masters. The problem is: on difficult issues like IP, which most voters are soft on, politicians are open to be swayed either way. By their advisers, who are most likely lobbyists for corporations. That is the big advantage they have over the general populace: not control over politicians; in this case merely having their ear is enough. The politicians do not understand the issue and are happy to be "properly" informed, and most voters do not give a damn.

    In the USA, the situation is slightly worse perhaps: you guys are a nation of lawyers, or at least it is them who are in control. With the president reiterating that IP is the key to the future of American economics, and lawyers having a vested interest in endless IP-related litigation, you can forget about patent or copyright laws ever being reformed. That is, unless politicians and lawmakers with a conscience, and with a decent understanding of the issue, take office. Fat chance of that.

    In the Netherlands, national politics is utterly boned. The largest parties are either socialists who stick to their ideology but unfortunately have the wrong one, and the liberals (= moderate right wing) who have a good ideology but seem to have forgotten it completely. I think my vote might go to the Pirate Party this time.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  13. Re:Good boyyy!!!! You're going to get a treat, UK! by Afecks · · Score: 2, Insightful

    With a government the corporations may not exist, but the large companies and rich owners would still be in charge and writing the laws that make us all victims to their whims.

    You clearly don't understand anarcho-capitalism. There would be only one law: Keep your hands off other people and their property without their permission.

    Obviously, a definition of what counts as "people", "property" and "permission" need to go along with that single law but it's fairly intuitive. Anything capable of asserting itself as a person is one. You can claim unowned property by marking it as yours and taking an interest in it. No you can't claim the moon when you've never been there. No you can't claim an entire continent by planting a flag on a beach. Permission requires non-fraudulent consent. Knowing all that, how on earth do you get the idea that following these ideas can end up with the "rich" stuffing poor people into meat grinders for their amusement?

    The only way anyone could get rich is by serving wants of the masses with lower priced higher quality goods and services than the competition. In a free market, if we all want Nike shoes and McDonald's hamburgers, Adidas and Wendy's are going broke and there's nothing they can do about it. The "poor" decide who becomes "rich". Consumers have the ultimate power, not producers. With services like Urbanspoon, Yelp, etc, you can't even claim much of an asymmetry of information. If your product sucks, a few people might experience it firsthand but word will spread quickly and you'll be out of business in no time. With government intervention, Wendy's could claim that McDonald's has a monopoly and get subsidized, etc, etc. Even though everyone wants McDonald's, Wendy's can play political favors to waste time and money giving us what we don't want.

    If you want to then argue that popular taste sucks, you're just being a snob. We each are the judge of what we like best. If you think that because your opinion is a minority that you'll be left out in the cold, you're wrong again. It's the government that necessarily reduces variety with regulations and market intervention. In a free market, if you want something bad enough and willing to pay for it, you'll get it, even if it's raw milk or fish pedicures.

    For more insight, I recommend that you read "The Machinery of Freedom" by David Friedman.

  14. Re:Good boyyy!!!! You're going to get a treat, UK! by Hatta · · Score: 4, Insightful

    You clearly don't understand anarcho-capitalism. There would be only one law: Keep your hands off other people and their property without their permission.

    When the entire city, including the roadways, police, education system is owned by a private corporation, how does one live a lawful life without selling oneself to the corporation?

    Knowing all that, how on earth do you get the idea that following these ideas can end up with the "rich" stuffing poor people into meat grinders for their amusement?

    The gilded age. There but for government regulations won by a strong labor movement go we.

    The only way anyone could get rich is by serving wants of the masses with lower priced higher quality goods and services than the competition.

    Yes, and because of economies of scale the rich can provide higher quality goods and services than the poor can. The consequence of this is wealth concentrating in fewer and fewer hands. Money makes money faster than labor does. Without specific provisions(like say, government regulation) to stop this, inequality will rule until the poor rise up and slaughter everyone. Is that what you want?

    --
    Give me Classic Slashdot or give me death!
  15. Re:Good boyyy!!!! You're going to get a treat, UK! by KiloByte · · Score: 2

    And more important, you need to define what can be "property". In various times and places, such definitions included people and ideas.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  16. Re:Good boyyy!!!! You're going to get a treat, UK! by kraut · · Score: 2

    even though the overwhelming majority of the population supported the ban.

    citation, please.

    I'm pretty sure the "overwhelming majority of the population" doesn't give a fuck one way or the other. The majority of eligible voters don't even bother to vote these days.

    --
    no taxation without representation!
  17. Re:Good boyyy!!!! You're going to get a treat, UK! by metacell · · Score: 2

    It's still rather weird that you can get a longer sentence for helping someone with copyright infringement, than you can get for the infringment itself, no matter how large, though.

  18. Re:Good boyyy!!!! You're going to get a treat, UK! by Sigg3.net · · Score: 2

    The problem with communism, anarchishm AND capitalism, is that they anticipate all members to be either communists, anarchists or capitalists respectively.

    For the anarcho-capitalism proposed here to work, you would require respect for property rights or laws. Granted you have respect for property rights/laws, you are back in our current system only with less government. Less government means you have even more have-mores and many have-lesses. Welcome the feudal system.

    They are all theories that look fine on paper, but people is different. It's this difference we must cater to.

  19. Re:Fallacy by s.petry · · Score: 2

    Here is an interesting analogy to contemplate. Your manager has to fire someone, who told him he had to do so? Generally those decisions are not made by the person performing the acts. Often the person that made that call plays nice guy, apologizes, lies and says "If there is anything I can do for you let me know". What if the poor sap having to fire people was the US, and the people playing nice guy are someone else?

    The layers of feces covering what's really happening in the world are very think and smelly. Until we shovel enough away, it's pure speculation.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.