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For many years operators of questionable video content sites assumed they are untouchable if they don’t actually host any copyright-infringing material. That assumption has proved incorrect in several countries, with theUnited Kingdomthe latest example.
Anton Vickerman, who operated the website surfthechannel.com, has received a four year jail term after a private prosecution. He was not convicted of copyright infringement itself, but rather conspiracy to defraud.
Sufthechannel was a directory of links to online videos, some of which were entirely legitimate while others infringed copyright. Vickerman made an estimated £250,000 (US$400,000) a year from selling advertising on the site.
Police raided Vickerman’s home in 2009 but did not press charges. However, they were controversially accompanied on the raid by members of the Federation Against Copyright Theft (FACT), a media industry body. FACT was allowed access to Vickerman’s computer despite the police dropping the case.
FACT launched a private prosecution against Vickerman that led to his conviction. His wife was charged with the same offense but found not guilty. The director general of FACT said “This case conclusively shows that running a website that deliberately sets out to direct users to illegal copies of films and TV shows will result in a criminal conviction and a long jail sentence”
The verdict came as a surprise to many given that the same “conspiracy to defraud” charge failed to gain convictions in at least two similar high-profile cases where sites linked to videos rather than hosting it. The charge is designed to cover cases of fraud that could otherwise slip through legal loopholes, though there have been previous concerns that it could see people convicted of behavior that is not criminal.
The sentence itself has also raised eyebrows. Had Vickerman been convicted of copyright infringement, the maximum sentence he could have received would have been two years.
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