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UPC in Ireland win legal battle against anti-piracy disconnections
Monday 11 October 2010 16:26:59 by John Hunt

UPC, Ireland's second largest internet service provider has won a legal battle against four record companies over taking part in a three-strike policy that would require the provider to notify and disconnect users accused of illegally downloading copyrighted material. As there is no legal basis in Irish law forcing ISPs to identify and disconnect accused people, UPC will not need to implement the three-strike policy.

Warner Music, Universal Music, Sony BMG and EMI Records were pushing for a familiar 'three-strike' system that would see an informal warning at first, followed by a stern written warning threatening disconnection, followed by a third strike of a 7-day disconnection. If a user continued to illegally download material, they could be disconnected for a year. Eircom, the countries largest ISP committed to implementing the three-strike policy earlier this year, but could renege on this following the ruling. Other ISPs in Ireland such as O2 and 3 Ireland have been paying keeping their attention on the ruling to see how to shape their own policy.

The honeymoon could be short lived however as the ruling has brought to light that Irish law is contravening European law by not having any legislation to deal with this matter and the government may well need to implement suitable law to ensure that they are meeting EU requirements. The judge overseeing the case condemned illegal file sharing.

"This 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. It is destructive of an important native industry."

Mr. Justice Peter Charleton


Posted by otester over 6 years ago
Looks like bribes couldn't even save this one.

Lets hope they can keep their freedom to share.
Posted by GMAN99 over 6 years ago
Laughing at the judge who thinks people in Ireland mainly download irish music.. <chuckle> another judge who knows nowt.
Posted by cyberdoyle over 6 years ago
I just wish there was someone in whitehall who actually understood all this and could sort it out. Talk about digital dinosaurs. And they rule us. Maybe the Irish haven't got all the rules sorted, but at least they have some guts and don't rollover the minute the musak industry tells them to.
Posted by Agent_c over 6 years ago
But there isn't any music industry.

The music industry said that music radio would kill them - noone would buy their stuff when they could get it free from the radio.

The lawyers for the "Big Four" should therefore be held in court - they cant represent clients that clearly logically don't exist.
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