Record Labels Fail In Attempt To Force Three Strikes On Ireland

from the struck-out dept

Ireland has been sort of a testbed for the recording industry's attempt to force ISPs to implement a three strikes law, despite a lack of legislation making it mandatory. Back in 2008, a bunch of labels sued Eircom, the largest Irish ISP for not magically stopping file sharing. While Eircom fought it for a bit, it finally "settled" by agreeing to implement a three strikes policy. Then things got a little strange. After Eircom agreed, the record labels sent notices to other Irish ISPs insisting that they, too, were obligated to put in place three strikes rules, because Eircom had done so. At that point, it was rumored that part of the Eircom settlement was that the labels would try to force other ISPs to also implement three strikes and, in exchange, Eircom would not publicly argue against any attempts by the labels to get three strikes into Irish law.

Thankfully, the other ISPs recognized they were under no such legal obligation, and fought back. Earlier this year, a judge ruled that Eircom's decision to implement three strikes did not violate privacy laws, but today the Irish High Court ruled in favor of one of the Irish ISPs, UPC, in saying that it had no legal obligation to implement three strikes. Unfortunately, the judge did trot out debunked claims that file sharing was some how destroying the industry, even as more and more evidence has shown the exact opposite. Still, it's nice to see that the labels are unable to force such rules on ISPs, especially outside of the legislative process.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Anonymous Coward, Oct 11th, 2010 @ 2:29pm

    Introducing Next Generation Broadband from Eircom and The Record Industry

    Eircom has "Unconjested Fiber-Powered Broadband that will transform our internet experience" in a recent advert.

    Who knew it was "Unconjested" because they sue their customers into oblivion?

    http://uk.youtube.com/watch?v=Yi_wWkckCg8

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    abc gum, Oct 11th, 2010 @ 4:38pm

    I would expect the number of Eircom subscribers to decrease as a result.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    T.J., Oct 11th, 2010 @ 4:51pm

    Eircom also censored pirate bay at the same time which is a worse crime but seems to have gotten very little press.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous Coward, Oct 11th, 2010 @ 7:53pm

    ""even as more and more evidence has shown the exact opposite""> they have evidence to support their side too, you choose to only accept what you want that supports your belief

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Oct 11th, 2010 @ 8:29pm

    Re:

    They do? Too bad they never provide any.

     

    reply to this | link to this | view in thread ]

  6.  
    icon
    Mike Masnick (profile), Oct 11th, 2010 @ 10:00pm

    Re:

    they have evidence to support their side too, you choose to only accept what you want that supports your belief

    Hmm. Where is that evidence? The evidence I'm using comes from the recording industry's own data...

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Oct 12th, 2010 @ 7:26am

    That Judge can read.

     

    reply to this | link to this | view in thread ]

  8.  
    icon
    Hephaestus (profile), Oct 13th, 2010 @ 7:35am

    Re: Re:

    "Hmm. Where is that evidence? The evidence I'm using comes from the recording industry's own data..."

    Which data? The data that was created by the labels to show politicians how bad "piracy" is for the labels? Or the reports that shows the exact opposite?

     

    reply to this | link to this | view in thread ]


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