Feeds

'Big Four' lose filesharing case against Irish ISP

UPC throws 'three strikes' hot potato at 'native industry'

Boost IT visibility and business value

A major ISP in Ireland has won a landmark illegal music downloads case against the ‘Big Four’ record labels today.

UPC defeated Warner Music, Universal Music, Sony BMG and EMI Records in Dublin’s High Court, which decided that a “three strikes and you’re out” ruling could not be enforced in Ireland.

The record companies had been pushing for the rule to cut off alleged piracy by many of UPC’s customers in the country.

"This not only undermines their [record labels'] 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," said Mr Justice Peter Charleton, reports the Irish Times.

Despite that, the judge said that Ireland’s current legislation didn’t comply with European law, meaning that the “three strikes” rule could not be applied in the UPC case.

Furthermore, the High Court’s decision could yet have ramifications with an out-of-court deal settled by record companies and Ireland’s ISP giant Eircom in 2009.

In March last year a coalition of Irish ISPs hit out at the Big Four’s efforts to force a French-style “three strikes” disconnection policy on all of Ireland’s major internet providers.

"UPC has repeatedly stressed that it does not condone piracy and has always taken a strong stance against illegal activity on its network. It takes all steps required by the law to combat specific infringements which are brought to its attention and will continue to co-operate with rights holders where they have obtained the necessary court orders for alleged copyright infringements," said the company.

"Our whole premise and defence focused on the mere conduit principal which provides that an internet service provider cannot be held liable for content transmitted across its network and today’s decision supports the principal that ISPs are not liable for the actions of internet subscribers." ®

The Essential Guide to IT Transformation

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.