Indian software pirating suspect faces US extradition An alleged software counterfeiter from India faces possible US extradition. Nikhil Kablekar, 29, a resident in the Mumbai suburb of Andheri, was arrested by Indian police Wednesday afternoon over alleged hacking and copyright violation offences. Computers, CDs, USB sticks and other evidence was seized from his home by Mumbai …
This bloke should just think how lucky he is, jumping the visa queue at the US embassy, and US immigration.
But more likely it has nothing to do with the merits of the case, and it is just the Yanks jealous that globally they lock up the highest proportion of their population (0.7%), and India locks up the lowest (0.03%). America wants to level that playing field, and you've got to start somewhere.
Reading the report, Kablekar committed the crimes in India and didn't access any US based assets.
If that is the case (and it may not be), then I can't see how this would have anything to do with US law enforcement.
It's like France seeking to extradite someone 'cos they nicked a sodding Citroen.
> It doesn't seem to matter what the crime (if any) or where it was commited (or not).
No it doesn't that is for the trial to decide, extradition is equivalent to arrest and a police charge.
> It's like France seeking to extradite someone 'cos they nicked a sodding Citroen.
More like France seeking to extradite somebody because they nicked the plans for a Citroen, then set up a factory to produce there own copies. Just as Citroen (a French company) would want the offense decided by French law, if it is US software copyright that has been infringed they will want the offense decided by US law.
"No it doesn't that is for the trial to decide, extradition is equivalent to arrest and a police charge."
Yeah except how is an Indian peon going to afford a US lawyer? He'll end up with a court appointed one who might be able to talk the death penality down to life in prison.
Of course the US software companies want it tried in the US. Odds are it's either not illegal or a 20 rupee fine. They can't apply for the death penality in India.
If you not a US citizen and not living in the US, then you shouldn't be subject to US laws. If you want to sue an Indian then go to India and do it through Indian law.
that's Citroën, merci ! And besides, the US government and its (in)justice system enjoys universal jurisdiction (wherever they can get away with it) - didn't they teach you that in school ? Why else do you suppose that 53 cents on every USD that the federal government manages to collect in taxes from the non-evading portion of the US population goes to military and (in)security related expenditures (http://www.youtube.com/watch?feature=player_embedded&v=Q0Os3q2p86Q) ?...
Henri
"Kablekar allegedly used hacking techniques to defeat copyright protection measures on software titles before creating counterfeit CDs"
In other words he used astalavista, gamecopyworld and numerous other crack sites.
I'll wager he did no coding himself at all.....
Dear America. FUCK OFF
Just to counter some of the the Anti America 'wing nut' extradition conspiracy theorists on here, take a look at the case of 'Fast Eddie. Wanted here for questioning since 1993, arrested by FBI in February, and returned in the last couple of days. Details below:
http://www.thesun.co.uk/sol/homepage/news/article4422328.ece
Makes our reticence to cough up a few hackers quite embarrassing.
@Thomas 18, That is laughably just not true!
If you look at the opinion of the High Court here, or indeed Jack of Kent's summary, the Americans have to provide evidence to the UK of an equivalent level to the evidence we are required to affect an extradition from the US. This is with the treaty revisions.
The extradition treaty was in fact revised to make the level of evidence equivalent. The previous arrangement allowed extradition from the US to UK on the basis of the now equivalent lower level of evidence. But in either direction US to UK, or UK to US, there is still a requirement for evidence of probable cause/reasonable suspicion.
March 30th 2012
[...] the Home Affairs Committee makes three recommendations, all of which are aimed at remedying perceived imbalances in the treaty:
1. US prosecutors should be required to establish "probable cause" of the alleged offence in a UK court, which is the same information threshold that UK extradition requests must satisfy in the US.
2. US prosecutors should be required to present an evidential case against defendants so that the evidence can be tested in a UK court.
3. The proposed "forum" bar should be introduced into the Extradition Act 2003, which would allow the decision about whether a matter should be prosecuted in the US or the UK to be taken by a judge in open court after listening to the defendant's representations.
http://www.legalweek.com/legal-week/blog-post/2165114/special-relationship-overhauling-unbalanced-uk-extradition-treaty
References, or it didn't happen
"How about providing some references as to how the Americans can get a person extradited without any evidence? Given that this was probably the most comical piece of 'wing nut' anti US extradition conspiracy theory I have seen posted."
I don't know. No proof isn't stopping them from trying to extradite Kim Dot Com. He asked for the evidence for his case and was told he can see it after he's extradited. Warrants were all illegal as was the seizing of his assets but none of that is stopping the US.
Extradition needs to be sorted out. If I commit a crime on US soil and flee back home, I should be extradited. If I have never set foot on US soil, I should not. The US companies and/or government should come to my country and sue me under my countries laws, not drag me back to the US to face their laws.
@Deadlock victim
> Better yet, why not not ditch all of the conspiracy theories and just back out of the treaties that allow the US to do this sort of thing?
So how would you deal with Fast Eddie above, who the UK Police have wanted to question regarding removing a large sum of cash from a van sometime in 1993?
@Thorne
> .... No proof isn't stopping them from trying to extradite Kim Dot Com..........
Whilst 'no proof' may not be stopping the US from trying to extradite Kim Dot Com, it may well be stopping them from succeeding in that extradition attempt. In fact looking at the more recent news stories it isn't so much the lack of evidence as the way the evidence was obtained.
that on the Legalweek webpage to which Thomas 18 so kindly provided a link, examples are indeed provided as to why the extradition treaty presently obtaining between the US and the UK needs to be revised, now did you ? But of course, reading comprehension skills which are adequate to perusing the Sun may find Legalweek hard going....
Henri
This post has been deleted by its author
Oh this being the same Thomas 18 who also came out with the farcical statement that the 'US didn't need to provide evidence for an extradition' ? Still waiting for 'proof' of that one.
Just as Thomas has found a link suggesting that the US/UK extradition treaty is unbalanced, if you have a little look beyond your own prejudiced opinions you will find plenty that suggest otherwise. In summary it would appear that the treaty was unbalanced from about 2003 until it was ratified in 2006 by the US senate. Much has then been made of the US phrase 'probable cause' against the UK phrase ''reasonable suspicion' this being the level of evidence required to arrest a person in the respective countries.
BTW you could start with - http://jackofkent.blogspot.co.uk/2010/06/skeptic-looks-at-mckinnon-case-part_13.html
Finally, Henri, I interpret the fact that you resort to cheap personal attack as evidence of the weakness of your own arguments.
They did not say the US was going to do any thing yet. Some times other countries do consult the FBI, that does not mean they are ceding control. Oh by the way it was the FBI handing over information to the Indian government that got him nailed. So if the feds wanted him they would of did some thing by now
I don't trust the source to make any distinction, but to the still-evolving 'internet morality' it's very important. If he was just burning discs and labeling them with a marker pen for low price, that is piracy and not really objectionable, but if he was doing them with labels, boxes and manuals to pass them off as a genuine product with support from the vendor than that would be fraud and the internet will give him no sympathy.
So this is how they go around H1-B limitations these days? Or do they just want to get more people to visit the US, even if the US taxpayer will have to foot the bill?
Either way, I'm massaging my goatee right now... Do you think they'll pay for the trip back as well? And is their detention centre anywhere near popular US attractions, like, say, Hollywood or the Statue of what was that thing again? Liberty? And do they give you an allowance for the duration?
I have a stack of legitimate system disks that came with my systems...
I'd be happy to give them away... pieces of shit that they are....
40 million annual updates, 2 or 3 anti-malware suites, endless defragging that does Sweet Fuck All with the NTFS filing system, endless scanning, malware in abundance, absolutely shitty software suites, dirty deals with PC vendors and of course the endless cash cow upgrade cycles....
The guy should not be nailed for counterfeiting Microsofts "malware" - he should be nailed for distributing malware.
Fuck I would not even accept a FREE set of MS disks, fresh from the factory, much less even use it....
"Ahhhhhhh Microsoft - Run Away, Run Away"
Thank fuck for LINUX.
There is no such thing as an 'Ethical Hacker'
The man's just doing business. Stop picking up on low profile criminals to set examples.
Nobody is coming from US to nab bankers who fraud in millions ! Nobody from India is questioning CIA about intrusion into our home computers.
Go catch them first. Extradite them! US is a baby with a big small intestine.
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