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ChannelSurfing Admin Pleads Not Guilty to Criminal Copyright Charges

Following the seizure of several domains belonging to major sports streaming sites earlier this year, the feds arrested the operator of Channelsurfing.net. The 32-year-old Texan Bryan McCarthy was taken into custody on suspicion of criminal copyright infringement. After several months McCarthy has now been indicted on several copyright related charges. Awaiting his trial, the psychologically-troubled operator pleads not guilty on all counts.

channelsurfing February this year, U.S. authorities seized several domains belonging to major sports streaming sites. The seizures were timed just a few days before the Super Bowl, and came as a shock to their respective owners.

One of the affected sites was Channelsurfing.net, a website where links to external sports streams were listed. The site itself did not offer any streams, it merely linked to streams that were offered by third-party sites.

Nevertheless, ICE and HSI classified the site as a criminal operation and arrested the alleged owner, 32-year old Brian McCarthy from Texas.

The complaint revealed that McCarthy was tracked down through information provided by the domain registrar NameCheap, Gmail, Paypal, Comcast, and the site’s advertisers. The documents also show that he made at least $90,000 from advertisements during the last five years.

Following the arrest the court proceedings were shielded from the public, but after months of sealed filings McCarthy has now been indicted. The ChannelSurfing operator is charged with conspiracy to commit criminal copyright infringement and criminal copyright infringement for his involvement with the site.

McCarthy “did willfully infringe a copyright for purposes of financial gain,” the indictment reads, which further lists one specific infringement.

“On or about December 15, 2010, the defendant provided a link on the Channelsurfing.net website to a live stream of a basketball game that was protected by a copyright held by the National Basketball Association,” it further reads.

channel surfing

In response to the indictment, McCarthy sent a declaration to the New York federal court where he pleads not guilty to the two charges laid out in the indictment.

The ChannelSurfing owner never saw much harm in what he did, and assumed that “linking” to content hosted elsewhere wasn’t much of a problem.

“The thing about my site is we never streamed anything, we always linked from other sites like justin.tv, veetle, vshare.tv, zonein.tv and others,” TorrentFreak was told shortly after the ChannelSurfing domain was seized by the authorities.

In his declaration McCarthy further states that he is physically unable to travel to New York to visit the court, and that he waives his rights to appear in person.

“Mr. McCarthy lives in Texas and suffers from a whole host of emotional and psychological problems for which he is currently receiving medication and is in therapy. To the extent that can be avoided, Mr. McCarthy would like to keep his anxiety attacks (which manifest themselves in dry heaving and heart palpitation) to a minimum,” McCarthy’s attorney explains.

Attorney Sabrina Shroff further notes that she is still in negotiations with the U.S. Attorney’s office to resolve the case with a misdemeanor plea.

District Court Judge Thomas Poole Griesa, however, has already scheduled a pre-trial hearing for early 2012. If found guilty to the criminal charges, McCarthy faces a maximum prison sentence of five years on each count.

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  • Guest

    These copyright pricks are just wasting the feds’ time.

    • Lacedaemonius

      In the words of everyone ever pulled over for a speeding ticket “Muderers, arsonists, pedophiles, drug traffickers, and you stop me for THIS?”

  • Um

    At least hes fighting the case unlike all the bitches at NinjaVideo

    • Boink

      Ninjavideo hosted copyrighted works. This site does not. Ninjavideo we caught bang to rights this guy isn’t.

      They clearly violated copyright law, this guy just posted links to other sites

      • 12345

        Your actually wrong. NinjaVideo used a Javascript Applet to mask MegaUpload/Stage6 streams.

        • Guest

          Can you provide an example of a website doing that?

  • http://twitter.com/AlyssaBlindy Alyssa Blindy

    That’s something. I feel bad for the guy; he has anxiety attacks? I know those all too well.
    As well, there is more grammatical error here.
    “Following the seizure of several domains belonging to major sports streaming sites earlier this year, the feds arrested the operator of Channelsurfing.net. The 32-year-old Texan Bryan McCarthy was taking into custody on suspicion of criminal copyright infringement. After several months McCarthy has now been indicted for several copyright related charged. Awaiting his trial, the psychologically-troubled operator pleads not guilty on all counts.”
    Make sure that verbs agree with each other. As well, make sure that homophones are not accidentally used in place of correct words.
    Modified quote:
    “Following the seizure of several domains belonging to major sports streaming sites earlier this year, the feds arrested the operator of Channelsurfing.net. The 32-year-old Texan Bryan McCarthy was taken into custody on suspicion of criminal copyright infringement. After several months McCarthy has now been indicted for several copyright related charges. Awaiting his trial, the psychologically-troubled operator pleads not guilty on all counts.”
    –Grammar police

    • http://twitter.com/icanhazsake Ninja

      *Salutes Alyssa, military style*

      YES, MA’AM!!!!!!!!!!

      If I may ask, how do you cope with these anxiety attacks? I mean, how can you control them? Medicines? (I don’t have such a thing btw, just asking out of curiosity because I have relatives that have those issues and maybe you have valuable experience to share that could help them). Hope I’m not being intrusive.

      • http://twitter.com/AlyssaBlindy Alyssa Blindy

        Woe, nice job here with those exclamation marks. My screenreader really responded to that, by going silent for about three seconds. Lol that was awesome.
        As for anxiety attacks. You’re not being intrusive. One thing which I do is meditate. That really helps me. I listen to sounds which are meant to stop the anxiety; they help as well. I like lots of soothing types of nature sounds. I also try to do some energy work and such, and I also do get help for them. I can’t really make recommendations because everyone is different, and everyone responds differently to different types of treatments. I know that PROTECTIP has left me with a lot of anxiety, so to try to control that, I have been trying to listen to lots of new age type music, I read, and of course, I continue my meditations.

        • http://tinyurl.com/ANoiXioNA-personal-info ANoiXioNA

          What screen reader do you use Alyssa ? !!!!!!

          So I can give it a whirl………..

      • http://twitter.com/AlyssaBlindy Alyssa Blindy

        Woe, nice job here with those exclamation marks. My screenreader really responded to that, by going silent for about three seconds. Lol that was awesome.
        As for anxiety attacks. You’re not being intrusive. One thing which I do is meditate. That really helps me. I listen to sounds which are meant to stop the anxiety; they help as well. I like lots of soothing types of nature sounds. I also try to do some energy work and such, and I also do get help for them. I can’t really make recommendations because everyone is different, and everyone responds differently to different types of treatments. I know that PROTECTIP has left me with a lot of anxiety, so to try to control that, I have been trying to listen to lots of new age type music, I read, and of course, I continue my meditations.

      • http://www.facebook.com/people/John-Joerg/100001514485643 John Joerg

        Use Pantothenic Acid & Niacinamide (both B vitamins) 500 to 1000 mgs with any B Complex. U can take 5000 mgs without any side effects. See Adelle Davis Let’s Eat Right to Keep Fit. These r true stress busters without side effects.

    • Anonymous

      They should pay you to correct all grammar errors here :P

  • http://twitter.com/icanhazsake Ninja

    $18k per year is surely an outstanding income considering he didn’t pay a cent for hosting and bandwidth. But in any case, he was “profiting” from the service provided (ie: indexing links to other sites) and not from the content itself.

    In the end it’s just another pitiful lawsuit that suits the greed of the MAFIAA against a guy that could barely cover his living expenses with a legitimate service.

    • http://twitter.com/AlyssaBlindy Alyssa Blindy

      @ANoiXioNA:
      I own a mac, therefore, I use VoiceOver. It might be a bit difficult to get that screenreader, unless you go to a library and they have Apple computers with mac OS 10.4 or higher. You would need OS 10.5 or higher to get the voice I use, which is Alex. That is beyond the point though. The point is that it may be quite difficult to get access to exactly what I am hearing when these comments are read, unless you can get access to a mac.

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  • Reader

    Once again, the exact same can be argued against Google, Bing, yahoo, etc.. they all provide links to certain material if you know what you’re looking for, and all gain money from advertisements! /shock

    • Ven

      I’m assuming that the changing philosophy in this case is that he was operating a site dedicated entirely to encouraging and supporting copyright infringement, and that his actions are somehow worthy of legal repercussions. In comparison, a very small percentage of search engine listings are infringing links.

  • Pingback: ChannelSurfing Admin Pleads Not Guilty to Criminal Copyright … | Dzker

  • foff

    I have found all my links to illicit stuff and streams off of google heh feds shut them down you pussies!!!

  • foff

    I have found all my links to illicit stuff and streams off of google heh feds shut them down you pussies!!!

  • LOLZ-MAFIAA

    Someone is gonna say the 90k went straight to his pockets. Im pretty sure “CS” had a lot of visitors and it wasn’t just some 133 Mhz machine receiving all these people. Sh#t costs money and time. 18k a year is less than what the average american makes. Why are the feds even targetting this guy…Morons

    • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

      ICE is the police force of any private corporation that pays them. That much is obvious. What isn’t obvious is why they make up laws to arrest people.

    • Ven

      Two things. One, a non-content/links-only site can be freely hosted in hundreds of places on the internet, regardless of traffic. So really, he was paying for his personal internet connection and a domain name, which together should have been costing less than $100 a month.

      Second, they are targeting him because they want precedent set that sites dedicated to linking unauthorized content are illegal. That is why they go after the sites that are clearly and transparently guilty of it.

    • Ven

      Two things. One, a non-content/links-only site can be freely hosted in hundreds of places on the internet, regardless of traffic. So really, he was paying for his personal internet connection and a domain name, which together should have been costing less than $100 a month.

      Second, they are targeting him because they want precedent set that sites dedicated to linking unauthorized content are illegal. That is why they go after the sites that are clearly and transparently guilty of it.

      • Divisiblefractions

        It is not illegal to link to things. The content providers may not like it, but there are no grounds for criminal charges here.

      • unnamed poster

        Your right on the precedent part. Once they win a case like this they can cite it in court and then it becomes more difficult for anyone else to fight.

        Its not that they can’t fight it, but it will likely go in their favor and they will have to appeal to a higher court. The appeal process and the threat of increased liability becomes pretty expensive. They use this as a means of discouraging anyone from fighting it any more and just settling for whatever they ask for.

        The courts like the rest of the government has changed to represent the wealthy more than what they were supposed to or what we were told they were anyway.

  • Pingback: ChannelSurfing Admin Pleads Not Guilty to Criminal Copyright Charges | Links Daily

  • Anon

    Well, hopefully his panic attacks will progress to ventricular fibrillation. No-one who links to copyrighted content, never mind sees it, without paying our betters in the MPAA deserves to escape justice. What such thieves have done is an attack on what it even means to be a man (women don’t matter, of course) – the selfish pursuit of monetary gain at the expense of others.

    • http://twitter.com/AlyssaBlindy Alyssa Blindy

      Disclaimer to all: This is obviously sarcastic. I have now found a way to ID each “Anon” so we can tell which one is talking, and this one’s ID is a2728f91bcbe3460f0e15fe4ef263dfe, according to the link to his profile. The other one has an ID which says something like 03b, and I don’t remember all the other numbers I see, but this anon is just being sarcastic.

      • Godarklight

        For those who are curious, hold your mouse over the profiles picture and look at the link location.

        I wonder what’s next, we go to jail because we shared a youtube link to a music video on our facebook?

    • Ballsdeep

      Suck that cock hard. Suck it so hard that you suck the balls through the japseye.

  • http://cashsharp.com GloriaMorfin

    work from home for up to $70 per hour (internet access required) </iCashSharp.com

  • Anonymous

    Very sad and disgusting these Copyright Cops are.No material on his site just links like you would see on any search engine.
    One of these days they will awake the sleeping bear.

    • http://torrentfreak.com/ Rob8urcakes

      In a sorta perverse way I guess, I’m actually enjoying the way these battles against the poor, the down-trodden and socially enlightened are being attacked and victimised by the Copywrong Cartel, the MAFIAA, and their partners-in-crime at the Department of Homeland Security’s Immigration and Customs Enforcement wing of the USA’s neo-Nazi movement.

      I do, of course, have GREAT sympathy, with each individual victim of these horrible attacks on our person, our homes and our chosen way of life.

      So much for freedom huh?

      *stocks up on popcorn …

  • anonco

    “The complaint revealed that McCarthy was tracked down through information provided by the domain registrar NameCheap, Gmail, Paypal, Comcast, and the site’s advertisers. ”

    Then, for others and future webmasters, use a registrar outside the US, to not use google (american company) for email, don’t use paypal and use Bitcoins, and for the ISP hmmmmmm …. in fact, just move outside the US to run a streaming, linking or anytype of filesharing website…

    • Godarklight

      Correct me if I’m wrong but:
      1. At the moment using a registrar outside the US seems like a good idea, but you still have to pay for it leaving a paper trail.
      2. Setup your own email server, It’s probably more safe, unless it gets confiscated, hacked or the VPS provider takes a peek inside.
      3. I consider Bitcoin to be an unstable and unpopular currency, plus you still have to go through an intermediary to transfer money (not bitcoins).
      4. Being outside of the US does not help Richard O’Dwyer if the US can drag him there anyway. Being in the jungles of Cambodia might be a different story however.

  • anonco

    “The complaint revealed that McCarthy was tracked down through information provided by the domain registrar NameCheap, Gmail, Paypal, Comcast, and the site’s advertisers. ”

    Then, for others and future webmasters, use a registrar outside the US, to not use google (american company) for email, don’t use paypal and use Bitcoins, and for the ISP hmmmmmm …. in fact, just move outside the US to run a streaming, linking or anytype of filesharing website…

  • Containmenttime

    He is low hanging fruit for the NIPRCC and ICE, and he has been targeted because he was getting money “for profit” from advertisers. “For Profit” sites that charge advertising is what got him and it is a lot more criminal than sharing a file over the internet…

  • Containmenttime

    He is low hanging fruit for the NIPRCC and ICE, and he has been targeted because he was getting money “for profit” from advertisers. “For Profit” sites that charge advertising is what got him and it is a lot more criminal than sharing a file over the internet…

  • Robespierre

    Enough is enough!!!!!!!

    No justice no peace. All these corrupted corporatists cops, judges, executives bureaucrats are going to end up with their head on pics.

  • $deity

    “criminal copyright infringement” WTF is this?

    You can’t have it both ways.

  • Optionparty

    Would a agency seize search engine domains for providing links.
    After all, they probably make money from advertisements too.

    If broadcast on an unsecured web site, or airwaves it’s public domain.

  • Anonymous

    tinyurl.com/3j5ovpk

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