Hew Raymond Griffiths
Encyclopedia
Hew Raymond Griffiths (born 8 November 1962 in the UK) has been accused by the United States
of being a ring leader of DrinkOrDie
or DOD, an underground software piracy network. Griffiths was living in Berkeley Vale
in the Central Coast Region of NSW
, Australia
before he was placed on remand at Silverwater Correctional Centre
. After fighting extradition for almost 3 years, Griffiths was finally extradited from Australia
to the United States
and on 20 February 2007, he appeared before Magistrate Judge Barry R. Portez of the U.S. District Court 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 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 US jurisdiction. The case therefore highlights the serious consequences for Australian internet users who are charged with pirating US copyright-protected material.
Griffiths' extradition was very controversial in Australia. The matter of U.S.A. v Griffiths has been cited as an example of how bilateral arrangements can lead to undesirable effects such as a loss of sovereignty and the introduction of draconian measures. On the other hand, increased enforcement internationally through heavy criminal sanctions is seen as an effective way of protecting legitimate distribution networks.
A common association made in discussion on the Griffiths case is that the extradition had something to do with the Australia-United States Free Trade Agreement
. Griffiths' indictment was issued before AUSFTA-induced amendments were enacted to harmonise the Australian Copyright Act
with US law, and the AUSFTA did not do anything to increase the likelihood of extradition. The case is further complicated by the fact that a conspiracy was alleged, most of the overt acts of which, and most of the members of which, were based in the United States, giving rise to an argument that the US was the most suitable place for prosecution. Nevertheless, it may be that the close relationship between Australia and the United States, exemplified in the AUSFTA and other bilateral activities, made extradition more likely.
On 22 June 2007 Hew Griffiths was sentenced to 51 months in prison for conspiracy to commit copyright infringement. It is noted he will only serve an estimated 15 months as the courts are granting him time served for the three years in Australian custody. Griffiths' sentencing on 22 June 2007, 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.
Hew Raymond Griffiths finally returned to Australia on 2 March 2008 after having spent six 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 of America, a country he parenthetically had never visited before being extradited to it.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
of being a ring leader of DrinkOrDie
DrinkOrDie
DrinkOrDie was an underground software piracy group and warez trading network during the 1990s. On December 11, 2001, a major law enforcement raid - known as Operation Buccaneer - forced it to close under criminal charges of infringement. DoD, as a rule, received no financial profit for their...
or DOD, an underground software piracy network. Griffiths was living in Berkeley Vale
Berkeley Vale, New South Wales
Berkeley Vale is a suburb of the Central Coast region of New South Wales, Australia. It is part of the Wyong Shire local government area.Wyong Road is the main road that runs through Berkeley Vale...
in the Central Coast Region of NSW
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
before he was placed on remand at Silverwater Correctional Centre
Silverwater Correctional Centre
Silverwater Correctional Centre is a minimum security Australian male prison facility, located in Holker St, Silverwater, west of the Sydney central business district in New South Wales, Australia.-Notable prisoners:...
. After fighting extradition for almost 3 years, Griffiths was finally extradited from Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and on 20 February 2007, he appeared before Magistrate Judge Barry R. Portez of the U.S. District Court in Alexandria, Virginia
Alexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...
. 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 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 US jurisdiction. The case therefore highlights the serious consequences for Australian internet users who are charged with pirating US copyright-protected material.
Griffiths' extradition was very controversial in Australia. The matter of U.S.A. v Griffiths has been cited as an example of how bilateral arrangements can lead to undesirable effects such as a loss of sovereignty and the introduction of draconian measures. On the other hand, increased enforcement internationally through heavy criminal sanctions is seen as an effective way of protecting legitimate distribution networks.
A common association made in discussion on the Griffiths case is that the extradition had something to do with the Australia-United States Free Trade Agreement
Australia-United States Free Trade Agreement
The Australia – United States Free Trade Agreement is a preferential trade agreement between Australia and the United States modelled on the North American Free Trade Agreement . The free trade agreement was signed on 18 May 2004, ratified by the U.S. House of Representatives on 14 July 2004 by a...
. Griffiths' indictment was issued before AUSFTA-induced amendments were enacted to harmonise the Australian Copyright Act
Copyright Act
Copyright Act may refer to:Canada* Copyright Act of CanadaHong Kong*Copyright Ordinance 1997India*New Zealand* Copyright Act 1994United Kingdom...
with US law, and the AUSFTA did not do anything to increase the likelihood of extradition. The case is further complicated by the fact that a conspiracy was alleged, most of the overt acts of which, and most of the members of which, were based in the United States, giving rise to an argument that the US was the most suitable place for prosecution. Nevertheless, it may be that the close relationship between Australia and the United States, exemplified in the AUSFTA and other bilateral activities, made extradition more likely.
On 22 June 2007 Hew Griffiths was sentenced to 51 months in prison for conspiracy to commit copyright infringement. It is noted he will only serve an estimated 15 months as the courts are granting him time served for the three years in Australian custody. Griffiths' sentencing on 22 June 2007, 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.
Hew Raymond Griffiths finally returned to Australia on 2 March 2008 after having spent six 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 of America, a country he parenthetically had never visited before being extradited to it.