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ExtraTorrent.cc > Articles > Linking Site Operator Charged With 5 Years Jail Time

Linking Site Operator Charged With 5 Years Jail Time

Linking Site Operator Charged With 5 Years Jail Time

Added: Monday, March 28th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Brian McCarthy faces 5-year jail time, along with fines, for gathering and cataloging links to illegal content hosted on third party websites. However, by such definition any person sharing a copyrighted YouTube video should face the same fate.

With the Immigration and Customs Enforcement having already seized almost a hundred of domains during its ongoing “Operation in Our Sites”, it would be quite interesting to know what charges the operators of those seized sites face.

For example, admin of Channelsurfing.net, Brian McCarthy, was accused of unauthorized linking to copyrighted content. Apparently, merely telling other people where illegal content is hosted is illegal in itself.

Channelsurfing.net domain was seized last month as part of an ICE’s effort to eliminate the services alleged of unauthorized distribution of copyrighted sporting events, which occurred just before the Super Bowl.

ICE special agent Daniel Brazier admitted that all the copyrighted content was indeed located on third-party sites. This way, prosecuting Internet users for exchanging links to copyrighted content could well place most of them in legal jeopardy.

Demand Progress, an outfit devoted to winning progressive policy changes for Internet users, pointed out that the Immigration and Customs Enforcement didn’t even allege that the site admin made a copy of anything, just that he ran a so-called “linking website”, linking to different other websites containing copyrighted content. In this way, every person who has ever sent around a link to any copyrighted YouTube video can be considered a criminal.

The mentioned outfit is currently preparing a petition to send to Director of Homeland Security and Director of ICE. In the petition, they argue that there’s absolutely nothing illegal in publishing a link to a site. They also demand that the charges against Channelsurfing.net admin be dropped.

In respond, ICE calls the links in question a “3rd party distribution” of copyrighted content, but it isn’t clear where they draw the line. In fact, anyone sharing a link to Channelsurfing.net would be considered a criminal as well!

Actually, the legislation is quite vague on the legality of providing the links to linking sites forwarding to copyrighted content, so ICE can’t have the full weight of the law in this case.

March 28th,2011

Posted by: 

Date:  Monday, March 28th, 2011

Comments (6) (please add your comment »)

posted by (2011-03-28 18:38:05)
nobs68 avatarIf this is the case every browser from google to opera is in violation. You only need type torrent on end of anything and low and behold you will find something so called "3rd party distribution". It still beggers belief that the powers that be are pursuing these methods. The internet makes the greedy bar-stewards even more money, do they not realise that if they were to stop all of this they would end up losing money.

posted by (2011-03-28 23:45:22)
fusion422 avatari see links on facebook for youtube what they gonna do next sue everyone on facebook for illegal links wouldnt suprise me
most the stuff on there isnt legally endorsed
good read sam
ps; glad you back up n runing missed the read

posted by (2011-03-29 03:36:14)
DEMONLORD avataragree with 1 and 2 on this, if they look at that way, then the entire internet is in violation almost. lol, and they will not shut that down any time soon. they fighting a loosing battle

posted by (2011-03-29 23:11:24)
greigstar avatarCan't believe no one can see this this is what google yahoo and all the rest of these search engines
are doing giving users links linking them to certain sites or videos for that matter surely you could
Argue this is what their own site was merely doing they arn't actually hosting the sites merely showing
people where to look christ what next ....sharing is caring

posted by (2011-03-30 09:10:12)
Gt3ch avataragreed with all but the difference between google yahoo etc, is they have power and money.

posted by (2011-04-01 00:55:02)
No avatarfirst off ice cant ever win this without shutting down the whole internet. and why is ice spending tax dollars on this, who is lining there pockets to go after this instead of going after the borders, it seems like ice and homeland really needs to get looked at what there really spending money on and who there going after also the one that brings up charges against someone that they dont win they should have to pay the court fees not the tax payers

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