Easily digestible tech news... http://www.techdirt.com/ en-us http://www.techdirt.com/images/td-88x31.gifhttp://www.techdirt.com/ Mon, 22 Jun 2009 07:10:15 PDT Mike Masnick http://www.techdirt.com/articles/20090622/0136565311.shtml http://www.techdirt.com/articles/20090622/0136565311.shtml sued leading Irish ISP Eircom, claiming that its failure to stop file sharing on its network broke the law. That was quite a claim -- and about the only actual "evidence" was that because some execs from Eircom had some internal emails where they joked about piracy, then obviously the ISP was guilty. Rather than deal with an expensive court proceeding, Eircom quickly settled, and agreed to put in place a three strikes rule (despite being under no legal obligation to do so).

However, because Eircom was worried about the competitive nature of the industry -- and how users might flock to other ISPs, it apparently had the labels agree to go after other ISPs as well. In fact, very soon after the agreement, the local recording industry association (the Irish Recorded Music Association -- IRMA) sent letters to other ISPs falsely claiming that under European law, they too needed to implement three strikes -- to which those ISPs responded by pointing out the law said no such thing.

Apparently IRMA would like to put that to the test. It's now sued two other Irish ISPs: the second largest telco (BT Ireland) and the largest cable ISP, UPC Ireland. UPC Ireland seems ready to vigorously defend itself, noting: "There is no basis under Irish law requiring ISPs to control, access or block the internet content its users download. In addition, the rights-holders' proposal gives rise to serious concerns for data privacy and consumer contract law."

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]]> but-where's-the-law? http://www.techdirt.com/comment_rss.php?sid=20090622/0136565311 Thu, 19 Feb 2009 10:42:23 PST Mike Masnick http://www.techdirt.com/articles/20090219/0229583833.shtml http://www.techdirt.com/articles/20090219/0229583833.shtml settled a lawsuit with the recording industry. The lawsuit itself was an oddity -- as it was the first time we could recall the industry actually suing an ISP over charges related to file sharing. The settlement, though, was quite troubling, as Eircom agreed to kick file sharers off the internet via a "three strikes" plan, despite the fact that many countries in Europe have said that it doesn't make sense to kick users off the internet -- and may actually be a violation of their civil rights.

However, much more troubling news is now coming out about the settlement. Reader eoinmonty alerts us to the news that IRMA, the Irish Recorded Music Association, has been sending letters to other ISPs throughout Ireland about the Eircom settlement, telling them that they should implement the same plan as Eircom, noting that it's "in accordance with Irish and European law." That's highly misleading. But, the really troubling part is the claim that the Eircom settlement includes an agreement by Eircom not to protest should IRMA demand that certain sites, such as The Pirate Bay, be blocked completely.

Other Irish ISPs are up in arms about this, noting that it's somewhat ridiculous to simply grant the recording industry free reign in deciding what can and cannot be blocked, without allowing ISPs to speak up against such egregious blocking. And, as some of those ISPs point out, it's particularly ridiculous to highlight The Pirate Bay, as it still hasn't been found to be illegal -- and certainly not in Ireland.

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