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Major record labels lose court case against Irish ISP

Written by James Delahunty (Google+) @ 12 Oct 2010 2:03 User comments (15)

Major record labels lose court case against Irish ISP The High Court in Dublin has ruled that there is no precedent in Irish law to force Internet Service Providers (ISP) to identify and disconnect subscribers accused to sharing music and other content illegally over the Internet. UPC, one of the largest ISPs in Ireland, is not now required to take part in the same three strikes program that Ireland's largest ISP, Eircom, is currently using.
UPC would have been required to first send an informal warning to customers accused of sharing music illegally. Then it would have to send more stern threats of disconnection, followed by a seven day disconnection. After this stage, a customer could be disconnected for up to a year if the activity continued.

While the High Court decision is based on Irish law, it was pointed out by the court that this could mean Irish law does not comply with European law agreed by EU member states including Ireland itself. Whether this means the Irish government will step in to provide legislation for the issue or not remains to be seen.

Mr. Justice Peter Charleton made the ruling. He had previously condemned the impact Internet piracy has on the industry when the Eircom case was in the media, saying at the time that piracy "not only undermines the record companies' business but ruins the ability of a generation of creative people in Ireland, and elsewhere, to establish a viable living."

Eircom had agreed to a three strikes system for its subscribers after being taken to court also by Warner Music, Universal Music, Sony BMG and EMI Records. Instead of going through with the case, Eircom opted to settle. Whether Monday's court decision in UPC's favor will change Eircom's policy remains to be seen.

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15 user comments

112.10.2010 3:34
davidike
Inactive

there will be soon, as the corporations own our governments.

Quote:
"not only undermines the record companies' business but ruins the ability of a generation of creative people in Ireland, and elsewhere, to establish a viable living."
so how much do ya reckon the RIAA goons paid this guy?
This message has been edited since its posting. Latest edit was made on 12 Oct 2010 @ 3:44

212.10.2010 11:22

I expect sales for upc to jump.


Its a lot easier being righteous than right.


DSE VZ300-
Zilog Z80 CPU, 32KB RAM (16K+16K cartridge), video processor 6847, 2KB video RAM, 16 colours (text mode), 5.25" FDD

312.10.2010 14:22

Originally posted by davidike:
there will be soon, as the corporations own our governments.

Quote:
"not only undermines the record companies' business but ruins the ability of a generation of creative people in Ireland, and elsewhere, to establish a viable living."
so how much do ya reckon the RIAA goons paid this guy?
this has to be one of most biased judges around.
failing to take into account there is no evidence what so ever to back up the claims of irma
This message has been edited since its posting. Latest edit was made on 12 Oct 2010 @ 15:27

412.10.2010 17:44

The Judge might be biased but he had to follow Irish law and rule agaist the Record Labels. The people of Ireland should dump Eircom. Who said Paddy was thick?

512.10.2010 17:58

Although I call myself Frogfart that title should go to President Sarkozy who wants Three Strikes mandatory throughout Europe. I apoligise to the French Nation for calling the President a Frog but he's a f****** wee fart!

613.10.2010 0:38

Quote:
...but ruins the ability of a generation of creative people in Ireland
Just one word...

...Westlife

715.10.2010 14:07

The media will take any 'free' shots it can. Bribing and influencing are 'free'. Policing the world is expensive especially when what they want is pushing the laws of most nations at best.

815.10.2010 17:50

Originally posted by Frogfart:
Although I call myself Frogfart that title should go to President Sarkozy who wants Three Strikes mandatory throughout Europe. I apoligise to the French Nation for calling the President a Frog but he's a f****** wee fart!
Refer to him instead as The Magyar.

915.10.2010 18:18
Bluto1841
Inactive

Don't call Szarkozy the Magyar----No more than they call you the American or whatever. Just because he is of Hungarian descent, don't forget he dominates Fwance (no that is NOT a misspell)He is a complete traitor to his basic country. Besides all that he is not too smart......(Can't tie his shoes)Addled is the word!!!! His wife looks GOOD.

1015.10.2010 18:25

I am not American, and I'll call him whatever I want, thanks all the same. If he can't tie his shoes (sic) yet can manage to become President of France what does that make you?

1116.10.2010 4:20
davidike
Inactive

eek

This message has been edited since its posting. Latest edit was made on 16 Oct 2010 @ 6:31

1216.10.2010 5:28

Quote:
Mr. Justice Peter Charleton
Mr. Justice? Hes some kind of legal superhero?

1322.5.2011 14:56

It never ceases to amaze me how the music labels insist on the ISPs to proactively monitor their network for pirated material, and punish those that are involved with it. You never see or hear about how the labels contributed cash to help defray these costs. So the ISP gets the honor of subsidizing their business model. Which the cost, of course, gets passed on to the ISPs customer base.

1422.5.2011 20:44

Originally posted by phobet:
It never ceases to amaze me how the music labels insist on the ISPs to proactively monitor their network for pirated material, and punish those that are involved with it. You never see or hear about how the labels contributed cash to help defray these costs. So the ISP gets the honor of subsidizing their business model. Which the cost, of course, gets passed on to the ISPs customer base.
Are you daft! They are the ones setting the rates. On many there are almost pure profit. The media pays someone a dollar a disk to destroy CDs and DVDs if they can't get asking price rather than reduce the price a dollar. That is way they are going out of business. They would love to chain you to a wall and whip the money out of you. They would prefer to spend their money punishing you than give you a break.

That is why some people don't like them.

1522.5.2011 22:00

Originally posted by Mez:
Originally posted by phobet:
It never ceases to amaze me how the music labels insist on the ISPs to proactively monitor their network for pirated material, and punish those that are involved with it. You never see or hear about how the labels contributed cash to help defray these costs. So the ISP gets the honor of subsidizing their business model. Which the cost, of course, gets passed on to the ISPs customer base.
Are you daft! They are the ones setting the rates. On many there are almost pure profit. The media pays someone a dollar a disk to destroy CDs and DVDs if they can't get asking price rather than reduce the price a dollar. That is way they are going out of business. They would love to chain you to a wall and whip the money out of you. They would prefer to spend their money punishing you than give you a break.

That is why some people don't like them.
I think you mistake my amazement for some kind of naivette. Nothing could be further from the truth. Various groups from the music industry have tried to place the onus of combatting music piracy on the ISPs. The ones that care about their customer base will refuse. The ones that don't, will capitulate, and pass the operating cost of that capitulation on to their customers. So, again they would receive a subsidy of their business model. (We must not forget they also receive a cut of every blank media sold.)

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