Hew Raymond Griffiths (born 8 November 1962, UK) has been accused by the
United States of being a ring leader of
DrinkOrDie or DOD, an underground software infringement network, using the online identity of "Bandido".
Griffiths was living in
Berkeley Vale in the
Central Coast Region of
NSW,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
before he was placed on remand at
Silverwater Correctional Centre. After fighting extradition for almost 3 years, Griffiths was finally extradited from
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
to the
United States and on 20 February 2007, he appeared before Magistrate Judge Barry R. Portez of the
U.S. District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
in
Alexandria, Virginia. On 20 April, it was announced by the
U.S. Department of Justice that Griffiths had entered a plea of guilty.
His case is of interest in that he is an Australian resident who has been indicted by a court in
Virginia, United States for
copyright infringement and conspiracy to infringe copyright under the US Code. Hew Raymond Griffiths, born in the United Kingdom, had never at any point physically left Australia since arriving in his adopted country at an early age. This is an unusual situation as the US extradition has not targeted a fugitive or a dangerous person who financially profited from his activities. However, the Australian courts and executive government have agreed to treat Griffiths' activities as having taken place in a US jurisdiction. The case therefore highlights the serious consequences for Australian Internet users who are charged with distributing US copyright-protected material.
Griffiths' extradition was very controversial in Australia, where his actions were not criminal. The matter of USA v Griffiths has been cited as an example of how bilateral arrangements can lead to undesirable effects such as a loss of sovereignty and what some have described as draconian outcomes.
On 22 June 2007 Hew Griffiths was sentenced to 51 months in prison for conspiracy to commit copyright infringement. Taking into account the 3 years he spent in Australian and US prisons prior to sentencing, he served a further 15 months in the US. Griffiths' sentence attracted significant attention in Australia, and some attention in the United States and other countries which have recently signed, or are currently negotiating, bilateral Free Trade Agreements with the USA.
Griffiths finally returned to Australia on 2 March 2008, after 5 weeks as an illegal alien in the US immigration detention system following his release from prison on 26 January 2008 (Australia Day). A condition of his repatriation to Australia was that he never again re-enter the United States, a country he had never visited before being extradited to it.
See also
*
Copyright infringement
*
DrinkOrDie
*
Operation Buccaneer
*
Warez
References
Aussie software pirate extradited Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...
, 7 May 2007
Software pirates not safe at home The New Zealand Herald, 7 September 2004.
Accused web pirate back behind bars Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...
, 8 July 2004.
The unsolicited views of Internet Users broadbandreports.com blog, 17 July 2004.
12 March 2003.
*
ttps://web.archive.org/web/20071011102314/http://www.firstmonday.org/issues/issue11_3/rimmer/index.html Robbery under arms: Copyright law and the Australia–US Free Trade Agreementby Matthew Rimmer, First Monday, March 2006.
How To Kill A Country: Australia's Devastating Trade Deal With the United Statespaper by
Linda Weiss
Linda M. Weiss is an Australian professor of political science at the University of Sydney (USYD), specialising in the international and comparative politics of economic development.
Weiss is best known for questioning the converging effect ass ...
, Elizabeth Thurbon & John Mathews,
Evatt Foundation, 2 April 2005.
Global Software Piracy costing $54 Billion in 2005 – Computing.co.uk23 May 2006.
Australian Copyright Act 1968Copyright Law of the United States of America contained in Title 17 of the US Code
IP Chapter of AUSFTA 2004
'Bandido' Software Pirate Arraigned In U.S. On 2 Charges
Information Week, 21 February 2007.
Opinion Article by Richard Ackland, Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...
, 16 February 2007.
BitTorrent issues weblog
21 April 2007.
23 April 2007.
Australian alliance issues weblog
8 May 2007.
22 June 2007
Discussion on Australian Larvatus Prodeo blog of extradition
18 February 2007
{{DEFAULTSORT:Griffiths, Hew Raymond
1962 births
Living people
Central Coast (New South Wales)
Warez
Prisoners and detainees of the United States federal government
Australian people imprisoned abroad
People extradited from Australia
People extradited to the United States