Facebook Google+ Twitter
+ Reply to Thread
Results 1 to 6 of 6

Thread: Irish court rules in favour of ISPs in piracy case

  1. #1
    F1 Editor supremo & TVCatchup’s F1 champ for 2011 tartist's Avatar
    Join Date
    Nov 2008
    Posts
    3,264

    Default Irish court rules in favour of ISPs in piracy case



    Irish court rules in favour of ISPs in piracy case

    Source BBC:
    The decision is being hailed as a victory for internet service providers

    The High Court in Ireland has ruled that laws cutting off internet users who have illegally downloaded content cannot be enforced in the country.

    It is a victory for Irish internet service provider UPC which took the legal action against copyright owners, including EMI and Sony.

    But it will be a blow to the music and film industry, which wants the strict rules as a deterrent against piracy.

    It is likely to have a knock-on effect to similar policies in other countries.

    Lobbying government
    Mr Justice Peter Charleton said in his judgement that illegal file-sharing was "destructive of an important native industry".

    But he added that there were no laws in Ireland to allow the disconnection of pirates from the net and that any attempts to do so could be in breach of European legislation.

    UPC said in a statement that it "does not condone piracy and has always taken a strong stance against illegal activity on its network".

    "Our whole premise and defense focused on the mere conduit principal which provides that an internet service provider cannot be held liable for content transmitted across its network," the statement added.

    The Irish Recorded Music Association (Irma) is considering its next move.

    "The judge was very clear he wanted to rule in his favour but couldn't because the legislation wasn't in place," Lindsey Holmes, a spokeswoman for Irma told the BBC.

    "The committee is meeting today. There is a couple of options - to appeal to the Supreme Court or to lobby government to change the legislation," she added.

    Watered down
    In May, Ireland's biggest net firm Eircom began the process of implementing a 'three strikes and you're out' policy, sending warning letters to those identified as illegal file-sharers.

    Although it has threatened to cut off internet access for persistent pirates it has not yet done so and it is not clear how this latest ruling will affect its campaign.

    France is pursuing a similar 'three strikes and you are out' policy.

    In the UK, the Digital Economy Act makes provision for similar policies although there are no current plans to cut people off.

    Mark Mulligan, an analyst with research firm Forrester, thinks it is unlikely to happen in the UK.

    "I don't think we will see three strikes imposed from the state," he said.

    "Although the legislation is framed, there is still so much of it that is vague. The implementation will be down to ISPs, content providers and Ofcom and is likely to be watered down," he said.

    In private agreements with copyright holders, several law firms have begun writing to thousands of people identified as illegal file-sharers asking them to pay a fine or face court.

    In September it emerged that activisits had targeted some of these firms and posted lists of those accused on the web

    ACS:Law had the names and addresses of more than 5,000 people, alongside the pornographic films they were accused of downloading, published on the web.

    It faces fines of up to £500,000 for the data breach.

  2. #2
    Full Member tacoben's Avatar
    Join Date
    Oct 2008
    Posts
    1,372

    Default

    If they did start cutting people off would it be the person or the property. I can see how people would move house and suddenly find they are blacklisted from the internet in the same way credit card companies did in the past.

  3. #3
    F1 Editor supremo & TVCatchup’s F1 champ for 2011 tartist's Avatar
    Join Date
    Nov 2008
    Posts
    3,264

    Default

    It's fraught with difficulties. Just on the technical front there are all kinds of ways of becoming anonymous on the net, as people in countries with heavy state control like China and to a lesser extent Turkey, know.

  4. #4
    Admin & TVCatchup Staff TVC_H4U's Avatar
    Join Date
    Oct 2008
    Posts
    4,071

    Default

    A household could not be blocked, the same as someone with Bad Credit can not give a house a "bad name" no longer.
    It would be the individual and many of us have big families and lots of friends.

    An unenforceable "crime" has been working hard for an unenforceable punishment, quite fitting.
    Adam H
    " You might very well think that; I couldn't possibly comment. "

  5. #5
    F1 Editor supremo & TVCatchup’s F1 champ for 2011 tartist's Avatar
    Join Date
    Nov 2008
    Posts
    3,264

    Default

    Quote Originally Posted by TVC_H4U View Post
    A household could not be blocked, the same as someone with Bad Credit can not give a house a "bad name" no longer.
    It would be the individual and many of us have big families and lots of friends.
    I hope you're right. With internet there is a contract between an individual and the ISP and that individual's service can be ceased. But then another person in the household should be free to make a new contract....

    This is analogous to phones. If a household phone is used for criminal purposes the phone company may cease service. So what happens in practice if another family member applies to have the phone reconnected? Any criminals out there know the answer?

  6. #6
    Admin & TVCatchup Staff TVC_H4U's Avatar
    Join Date
    Oct 2008
    Posts
    4,071

    Default

    lol, any of those unsavoury types will be using disposable pay as you go phones, not the house-phones.
    Adam H
    " You might very well think that; I couldn't possibly comment. "

+ Reply to Thread

Similar Threads

  1. Replies: 13
    Last Post: 07-03-2011, 02:15 PM
  2. Irish TV
    By Younglion in forum Suggestion Box
    Replies: 4
    Last Post: 24-02-2011, 11:05 AM
  3. TVCatchup vows court fight with broadcasters
    By Robit in forum TVGuide + Website
    Replies: 12
    Last Post: 06-01-2011, 11:16 PM
  4. ISPs to get net piracy law review
    By gareth86 in forum UK News
    Replies: 12
    Last Post: 17-12-2010, 08:26 PM
  5. Court will jail Pirate Bay founders
    By TVC_Colwal in forum World News
    Replies: 43
    Last Post: 14-05-2009, 05:34 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts