by Mike Masnick

Filed Under:
ireland, three strikes

eircom, upc

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.

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