October 13, 2010
In a case that mirrors similar issues throughout the UK, an Irish Internet service provider (ISP) has successfully defended copyright accusations levied by a record industry group.
The Irish Recording Music Association, representing Warner Music, Universal Music, Sony BMG and EMI Records, demanded a "three strikes and you're out" rule to cut off Internet users accused of sharing copyrighted material on ISP provider USC’s network.
But a High Court Judge in Dublin ruled that there is no legal provision for blocking, diverting or interrupting the Internet communications of those intent on breaching copyright.
Justice Peter Charleton expressed sympathy for the recording industry, which has seen revenues decline since the onset of Internet technology, stating that sharing copyrighted music "not only undermines their business but ruins the ability of a generation of creative people trying to establish a viable living”.
However, in his reading of the law he was unable to grant the Irish Recording Music Association the injunction it sought.
A spokesman from UPC, Ireland's third-largest Internet provider, said: "UPC has repeatedly stressed that it does not condone piracy and has always taken a strong stance against illegal activity on its network.”
But the onset of the Digital Economy Act, recently approved by the Coalition government, could see such three-strike rules enforced, in addition to a string of additional copyright penalties for abusive internet users.
The Act is due for enforcement in the coming months and will greatly shake-up the Internet usage ideals of the UK’s younger generation.
For information on how the Act could affect your business or private life, seek advice as soon as possible.
