Free Hew Griffiths
Copyright violations are victimless crimes: they stop copyright holders from profiting from their copyright holdings, but don’t actively harm them. Yes, there may be struggling musicians who are forced to get day jobs, but it’s the copyright laws themselves that victimise people, from kids who have to get part time jobs to line the pockets of musicians and movie moguls, to the people who are denied access to medical, cultural and literary products because of the cost, to Hew Griffiths, an unassuming man, who has been torn from his home by federal agents and removed to a US jail and now is threatened with ten years in prison for fiddling with bits of code on a computer screen and then giving other people the same fiddled-with code. Like David Hicks, only far more innocuous. I hope in time we’ll see the same campaigns for his release, although I won’t hold my breath. (I should disclose by the way that I don’t read any Australian blogs because I think they’re all dire and therefore only have the vaguest idea of the stuff written about Griffiths in teh Oz blogosphere already, and am just bloggig my reaction to reading an SMH article about this case).
Like Hicks, the legality of what’s happened is highly dubious, in that Griffiths, like Hicks, is being held by the United States not on the basis that he broke the US’s laws in the United States, but on the basis of breaking them outside the US. Admittedly, Griffiths is now being exposed to a more normal version of US judicial procedure than Hicks was. I presume that this all means that Griffiths, like Hicks, was not prosecutable under Aussie law.
Rather than asking questions about lost productivity from piracy (not that I think the arguments implicit in them stack up, except from the perspective of the ruling class and its interests), let’s ask questions about the human cost of the war on free flows of information.

arleeshar wrote:
I remember reading this smh opinion piece earlier this year about Hew Griffiths.
According to this piece, it is in fact possible for Griffiths to be charged in Australia under the Copyright Act. They’ve just decided not to LOL SILLY GOVERNMENT. I am going to write to our shadow attorney general to ask him to take up the cause.
Mark wrote:
I’d expect you to have absolutely no luck with that. The U$ are incredibly hot on this copyright issue – I’m assuming you know about the arm-twisting they’ve been exercising on the Swedes over the Pirate Bay?
illusivemind wrote:
http://illusive-mind.com/politics/hew-griffiths/
KC wrote:
Hew was indicted by a Grand Jury in Eastern Virginia for one count of conspiracy to commit copyright infringement and one count of copyright infringement. It was with this indictment that the US government requesyed Hews extradition. This indictment was based purely on the statements of the american members of Drink or Die - HEARSAY EVIDENCE. This indictment didn’t even meet with the standard of American Law. There are four points that must be met in proving a copyright infringement case;
1 The existance of a valid copyright
2 That a valid copyrighted work was infringed
3 The burden of proof on the government that the defendants conduct was willful
4 The government must prove that the infringement was made for commercial or financial gain
Given that this indictment fails to attribute any copyrighted works infringed by Hew Griffiths it makes it impossible to prove the charge of copyright infringement.
In the transcript of the appeal for extradition to the Federal Court of Australia, the US government state that they could not proceed on the copyright infringement charge alone, that they needed the conspiracy charge as well.
The evidence against Hew Griffiths came from the plea bargains of the convicted american members of DoD. By getting reduced sentences for pointing the finger at Hew.
All of these people were sentenced in 2002, the Grand Jury indictment against Hew was handed down im March 2003.
For example John Sankus= leader DoD- sentenced to 46 months, reduced to 18 months
David Grimes - 37 months reduced to 16 months
Michael Kelly - 33 months reduced to 4 months
You soon get the picture……..
As for the copyright infringement charge, that was dismissed last month as Hew entered into a plea bargain, pleading guilty to the charge of conspiracy to commit copyright infringement.
A lot of the so called evidence came from long time member BCR8IV aka James Cudney. For 18 months James Cudney worked as informant for the US Dept of Justice and the US Customs Agency. It has also been rumored that James Cudney was paid $104.00US per hour for his efforts.
James Cudney as an informant activelt recruited members for DoD, but his main job was to solicit names and address from other members. Amazing that the US agencies would pay some one to break the laws they are supposed to enforce.
The dubiousness of the charges against Hew Griffiths also calls into question the legal process for his extradition. It seems obvious that the copyright infringement charge was bogus from the start but the Australian government were happy to use it for extradition purposes. So much for the dual criminality required for extradition purposes.
The fact is Hew Griffiths should not have been extradited. He could have been and was willing to be charged under Australian law. In correspondance with Alexander Downer he wroye to me saying that the Australian Federal police never investigated Hew.
rosanegra wrote:
Does anyone know where Hew Griffiths is? Silverwater Prison in NSW told me that he was taken from the gaol Feb 16, 2007. Searching http://www.bop.gov/ does not reveal his whereabouts in the USA. I would like to write him as a measure of support but obtaining an address in Virginia or elsewhere in the USA is nigh impossible. Thanks for your assistance. Rosa Negra
KC wrote:
rosanegra, I can help you with the whereabouts of Hew and how to contact him. Ask the mods to forward your e-mail to me.
rosanegra wrote:
Hey that’s great thanks KC! dear mods please forward my email to KC. RN
liam wrote:
KC and rosanegra, I have emailed you both.
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