Feeds

'Big Four' lose filesharing case against Irish ISP

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

The essential guide to IT transformation

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." ®

5 things you didn’t know about cloud backup

More from The Register

next story
Microsoft exits climate denier lobby group
ALEC will have to do without Redmond, it seems
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Kate Bush: Don't make me HAVE CONTACT with your iPHONE
Can't face sea of wobbling fondle implements. What happened to lighters, eh?
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
True fact: 1 in 4 Brits are now TERRORISTS
YouGov poll reveals terrible truth about the enemy within
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
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.
7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
BYOD's dark side: Data protection
An endpoint data protection solution that adds value to the user and the organization so it can protect itself from data loss as well as leverage corporate data.
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.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?