New York man faces five years in jail for ‘linking’ to online videos

mulligan · 03-14-2011, 10:34 AM

.....

Quote:

You may want to think twice the next time you share a link to your favorite video.

In a case against a New York website owner, the Department of Homeland Security (DHS) is claiming that merely linking to copyrighted material is a crime.

DHS, along with Immigration and Customs Enforcement (ICE), seized Brian McCarthy's domain, channelsurfing.net, in late January. The site has now been replaced with a government warning: "This domain has been seized by ICE - Homeland Security Investigations, Special Agent in Charge, New York Office."

"It is unlawful to reproduce copyrighted material, such as movies, music, software or games, without authorization... First-time offenders convicted of a criminal felony copyright law will face up to five years in federal prison, restitution, forfeiture and fine."

The advocacy group Demand Progress has claimed that McCarthy never reproduced copyrighted material, and that his website simply linked to other sites.

A criminal complaint obtained by the group seems to acknowledge that agents knew that McCarthy was running a "linking website."

"Based on my participation in the investigation leading to the February 2011 Seizure, I know that Channelsurfing.net was a 'linking' website," special agent Daniel Brazier wrote in the complaint.

"Based on my training and experience, I know that 'linking' websites generally collect and catalog links to files on third party websites that contain illegal copies of copyrighted content, including sporting events and Pay-Per-View events," he added.

The special agent detailed 17 copyrighted sports programs he was able to watch when he "clicked on links" at channelsurfing.net.

While the criminal complaint alleges that McCarthy did engage in the "reproduction and distribution" of copyrighted material, it is never clear that he actually reproduced any of the specified broadcasts.

"Under that sort of thinking, everyone who's sent around a link to a copyrighted YouTube video is a criminal," Demand Progress warned, calling the prosecution a "radical shift" in the way the government polices the Internet.

The Phoenix Independent Examiner's Chris Greenwood expressed concern about what the case meant for freedom of expression on the Internet.

"You see, when you shut down the last truly free medium that absolutely anyone can use to call for justice, freedom, or democracy where they don’t exist, you leave the communication to the wealthy, who can afford the ad space in print media and air time on television and radio," he wrote.

"Bryan McCarthy is being used as an example," Greenwood added. "Someone who possesses no copyright material, broadcasts no copyrighted material and duplicates no copyrighted material is being held by authorities because he has a site that indicates to people that there are people who are possessing, duplicating and reproducing potentially copyrighted material for others to watch."

A copy of the criminal complaint follows.

http://www.rawstory.com/rs/2011/03/1...online-videos/

tj1897 · 04-01-2011, 07:57 PM

Thanks Mulligan for highlighting this. I wonder if this guy got a cease & desist warning before they went ballistic with homeland security measures?

Here's a trending firm that reproduced other people's content and will probably be sitting across the table from some lawyers very soon
"Vancouver-based team behind iPad app Zite face wrath of media lawyers"

http://ca.finance.yahoo.com/news/Van...59345.html?x=0

Curation and the law - is it in black and white somewhere?

***mwzd*** · 04-01-2011, 11:02 PM

By the same logic they should send all the Google/BING/Yahoo folks to jail... or am I missing something.

Think the problem arises with people specifically setting up sites that monetize these illegal links, or at least that's how I see it atm.

But yeah, this is a move to curtail whatever little 'freedom' there does exist online, between the ICE / Homeland Security / IP lawyers there is very little freedom online today as compared to say even five years back.

04-01-2011, 11:02 PM	#3 (permalink)
*mwzd* Extension Agnostic Join Date: Jan 2007 Location: Mumbai, India Posts: 7,918 Follow @mwzd	By the same logic they should send all the Google/BING/Yahoo folks to jail... or am I missing something. Think the problem arises with people specifically setting up sites that monetize these illegal links, or at least that's how I see it atm. But yeah, this is a move to curtail whatever little 'freedom' there does exist online, between the ICE / Homeland Security / IP lawyers there is very little freedom online today as compared to say even five years back. __________________ Premium Domains for Sale \| Domain Broker \| Domain Consultant \| Domain Blog WebSite Development \| MiniSites

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
15 Years odl and Premium 1 Word- All .Com Grab Now So Amazing Cheap	rithea	Domains For Sale - Make Offer	26	04-16-2010 09:34 PM
Brilliant aged domains: VideoReels.com - 10 Years old, and more!	Zalaki	Domains For Sale - Fixed Price	1	12-31-2009 01:19 PM
Appraise please TNYI.COM (The New York Inc)	gladdy	Domain Appraisals	1	04-25-2008 11:46 AM
Domain Registration for only $7.43!!	FruitFish	For Sale / Advertising Board	3	09-10-2003 07:40 AM

04-01-2011, 07:57 PM	#2 (permalink)
tj1897 NamePros Regular Join Date: Oct 2010 Location: British Columbia Canada Posts: 346	Thanks Mulligan for highlighting this. I wonder if this guy got a cease & desist warning before they went ballistic with homeland security measures? Here's a trending firm that reproduced other people's content and will probably be sitting across the table from some lawyers very soon "Vancouver-based team behind iPad app Zite face wrath of media lawyers" http://ca.finance.yahoo.com/news/Van...59345.html?x=0 Curation and the law - is it in black and white somewhere?

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)