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ExtraTorrent.cc > Articles > Irish ISP Won “Tree-Strikes” Legal Battle

Irish ISP Won “Tree-Strikes” Legal Battle

Irish ISP Won “Tree-Strikes” Legal Battle

Added: Saturday, October 16th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
An Irish broadband provider has won a lawsuit launched by the entertainment industry. IRMA, the Irish Recorded Music Association, uniting Universal, Warner, EMI and Sony, had made an attempt to require UPC service provider to cut its customers off the Internet, if they are caught by the music industry for illegally sharing copyrighted content. The Internet service provider, however, refused to comply and the court has recently announced that it was right.

Last year IRMA, representing record labels like Universal, Sony, EMI, and Warner, reached a settlement by consent with the largest Irish service provider, Eircom, which agreed to voluntarily implement “three-strikes” regime. The deal provided that the Internet service provider introduce a pro-copyright system in terms of dealing with customers sharing music to which the record labels own the copyright. Although the implementation of the deal was held up over legal argument, this spring the Dublin High Court gave it the green light.

The matter is that the part of the private deal between record labels and the country’s largest ISP demanded that the Eircom shouldn’t be left at a competitive disadvantage when complying with the “three-strikes”. In other words, the Irish Recorded Music Association would have to go after all other broadband providers to require them to do the same.

UPC was among those who IRMA sought agreement from. However, the broadband provider decided to refuse to play ball, sending the case straight to the country’s High Court. Now the results of the hearing are announced, and they aren’t good for IRMA and Eircom.

The judge acknowledged that copyright holders were being harmed by online piracy, but also admitted that the laws allowing to disconnect file-sharers weren’t enforceable in the country. In fact, by not having this legal system, the country is not in compliance with its obligations under legislation of EU. Today the only thing the Irish courts can demand an Internet host to do is to remove the infringing content.

As for the case with UPC, the service provider has highlighted that it never condoned piracy and has always fought against unauthorized activity on its network, co-operating with copyright owners. So, there’s nothing the court can force ISP to do else. Meanwhile, this decision seems to leave both music industry and Eircom ISP at a clear disadvantage.

Thanks to TorrentFreak for providing the source of the article

October 16th, 2010

Posted by: 

Date:  Saturday, October 16th, 2010

Comments (10) (please add your comment »)

posted by Turtle (2010-10-16 22:20:13)
D4T4 avatarWe all make jokes about the Irish but it seems they are the only sensible ones in this debacle. I salute you Eire. This is only the start. The whole of Europe will shortly follow suit, leaving the USA in the hole they are determined to dig for themselves. Let Mr Obama threaten sanctions on the whole of Europe and he will disappear from whence he came. Onwards and upwards people. We may have lost some battles but we will win the war.

posted by ET junkiemen (2010-10-16 22:50:25)
4GET avatarwe are all in this together no matter where ure from.irish jokes are the best why cos its fun. on the other side of things ' dont go there

posted by ET junkiemen (2010-10-16 22:59:14)
4GET avatarsorry tnx sam for the reead nice one .

posted by Site Friend (2010-10-17 08:41:09)
magiccrack avatarNothing wrong with Irish folk, jokes are super! et - place to be!

posted by (2010-10-17 09:36:11)
akyboo avatarhttp://irishexaminer.com/ireland/online-piracy-will-cost-music-industry-millions-133274.html

posted by (2010-10-17 12:14:17)
netcobold avatarthanks for the info SaM, important decision this...

What I do not understand is the general basic from where the arguments of IRMA and such like are coming from. I mean, how can you make an ISP responsible for what it's subscribers are doing?

Especially in the US - look at the weapons-law: Is a weapon manufacturer liable for murder done with its products? Is a knife producer made liable for a stabbing? Who would sue FORD because one of its cars were used in a robbery? What about the highway the criminals are using for the get-away?

Let see how long the Irish Government can withstand the pressure that will follow this ruling...anyway, Sláinte to that verdict!

posted by Turtle (2010-10-17 16:25:22)
corkbarry avatarThe biggest loser in this was Eircom who lost thousands of customers, myself included and now find that it was all for nothing.

posted by (2010-10-17 17:55:43)
reb avatarim with upc so good news for me.

posted by men (2010-10-18 22:59:55)
leedsfc2 avatarlong live upc

posted by ET junkieET loverTurtle (2010-10-19 21:16:30)
fusseltier avatarOMG now trees are involved!

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