IFPI Takes ISP to Court to Impose Music Piracy Filter
Written by enigmax on March 10, 2008The ‘Big Four’ record labels - EMI, Sony, Universal and Warner have started legal proceedings to force an ISP to end piracy on its network. The action, brought against Irish ISP, Eircom, is the first of its kind.
Eircom is the largest Irish ISP. Today, the Big Four record labels have started legal proceedings which they hope will force Eircom to effectively end music piracy on its network. According to the Ireland.com report, this action is the first against an ISP, rather than individual file-sharers.
Mr Justice Peter Kelly today admitted the proceedings at the court under the Copyright and Related Rights Acts 2000. It appears the labels are trying to get an order to effectively force Eircom to take responsibility for their customer’s actions by saying that it’s the ISP that is doing the ‘making available’ to the public, by facilitating the infringement.
Eircom’s lawyers see if differently. They say that Eircom was “not on notice of specific illegal activity that infringed the rights of the companies”, adding that it was under no legal obligation to monitor traffic on its network.
Willie Kavanagh, Managing Director of EMI records in Ireland said of Eircom: “with the greatest of respect” it was “well aware” that its customers used its networks to infringe copyrights “on a grand scale”.
Previously, Eircom has refused to use any filtering technology to interfere with file-sharers, something the labels wish to address in this case too.
It looks like the IFPI has shifted its focus from the individual filesharer to the ISPs. Last month, the IFPI won a court case in Denmark, and the ISP “Tele2″ was ordered to block all access to The Pirate Bay. Tele2 announced later that it will fight the decision.
Banning illegal filesharing from their network, voluntary or not, is in the best interest of ISPs according to the IFPI: “Illegal P2P file-sharing may have helped drive broadband subscriptions in the past, yet today these activities, particularly in respect of movies, are hogging bandwidth,” they state.
Previously: EMI Stays With IFPI On Condition it Pays Less to Chase Pirates
Next: Most Popular DVDrips on BitTorrent (wk10)
91 Responses (Add yours or TrackBack)
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Blank @ 22 has it right, kudos
on another topic, economic appropiration of value is the key
look at Microshit, they appropriated the pc revolution by selling pieces of paper called licenses … nothing more than ‘taxation’
the traditional published media (CD’s) feed chain is apparent …
1. the artists >> get fuck all from CD’s
2. the manager/agent >> gets 10%
3. the producers >> get 85% (Richard Branson’s orignall Virgin contract upon which the industry is founded)
fuk me backwards over Kate Moss! 85% is gooooooooood (better than gold or blood diamonds) gimme more gimme gimme
TODAY the traditional feed chain is in crisis BUT they have SUPER RICH backers with FREE CASH to fight. god only knows why people are so fukin STOOPID
great article right on tune
Today they might wanna filter out file sharing, but tomorrow, whats to stop them from filtering other things? Maybe they will censor things they don’t like. Maybe the United States and all of Europe will be forced to install censoring software like china.
People of Ireland: tell your government you wont have a bunch of corporations telling you what to do. And if this does pass, do everything you can to bypass those filters.
[quote comment="308707"]That’s like saying that cell phone companies are responsible for drug deals organized using phones.[/quote]
hahah so true
[quote comment="308776"][quote comment="308707"]That’s like saying that cell phone companies are responsible for drug deals organized using phones.[/quote]
hahah so true[/quote]
Well put
another way of bypassing is using the OpenDNS servers?
[quote comment="308639"]ahhhhhhhhhhhhhhhhhhhhhhhhhhhhh NO!!!!!!!
as an eircom customer i was happy knowing p2p lawsuits have never being held in Ireland. This is really dangerous now, as the judge will probably not be up-to-date with any of this. And therefore, will most likely believe all this yarrr-harrr piracy bullshit from the IFPI.
Fuck it, this is SHITE! Do these people have an irish office! (to graffiti and abuse!?!)[/quote]
Feck. I’m with UTV, and they’ll probably follow suit, no matter the judgement.
And here was I thinking they wouldn’t bother with Ireland.
IFPI: Net… Neutrality? What’s that?
Let’s forget a few aged lawsuits whose outcome generally established that the producer of a technology or network can be held accountable for the actions of its users.
Technically it should be easier to sue a gun company before an ISP, yet some whiny assed fat motherfucking label gets all up in arms that they’re not balls deep in every customer’s ass with exorbitant profits from selling cookie cutter albums. You know what? If I couldn’t download any media, I definitely wouldn’t buy it either. Better for the artist to be heard instead of spurned because of overpriced material.
Let’s not forget the whole encryption issue.
If your ISP becomes responsible people will simply start encrypting traffic. Even if only 25% of file-sharers remain and encrypt their traffic, that is still a lot of new people joining the darkness that is encrypted traffic on the internet, making it further harder to catch other forms of criminality, either online or that uses the internet to communicate (Child pornography comes to mind, terrorism, ect).
Warning: Fascists looming. Fuck you EMI, Sony, Universal and Warner Co.
“Illegal P2P file-sharing may have helped drive broadband subscriptions in the past, yet today these activities, particularly in respect of movies, are hogging bandwidth,”
what?, internet it self can be called a file sharing protocol, it shares infomation, as in if you cant go one route it will find another, if it lost some on the way it will recover them
read up on TCP and IP protocols ^^
no filesharing = no internet
so easy is it to explain
[quote comment="308707"]That’s like saying that cell phone companies are responsible for drug deals organized using phones.[/quote]
lmao.
If i dont get to share files. I dont need that high speed internet. I will gladly use a basic plan for emails and watching random videos here and there :-)
Screw IFPI!…
LOLS, if i cant download, i wont need an internet connection at all. I’ll just use my phone for reading news and email.
All ISP’s will go broke, is that what they want? Come one, the internet is not something you can regulate, you are supposed to have the free right on the internet to do you what you want.
Big four, grow up! You still have your billions, use it to sell your music in an apprioriate way! You’ll see your customers crawling back to you cause everyone loves music.
“Banning illegal filesharing from their network, voluntary or not, is in the best interest of ISPs according to the IFPI…. ”
HAHAHAH!
That’s the biggest truckload of bullshit I’ve heard in quite some time.
To ban “illegal” filesharing would entail keeping some ungodly profile database of every known file on P2P, and constantly monitoring gigabytes upon gigabytes of net traffic in real time, something which is not even CLOSE to economically feasible.
The only other option is to attempt to block P2P entirely. To see how well that works, just take a gander at Comcast & Sandvine as they float up Shit Creek without a paddle.
Either way, an ISP stands to lose subscribers. For Eircom to bow to the IFPI is tantamount to financial suicide.
I’ll tell what’s truly in the best business interests of ISPs, and that’s to fight the IFPI Crime Syndicate every time it rears its ugly head and demands, “be my slave”.
@36
Exfuckingactly
And like the Pirate Bay said, if they block our website, they should block google.
Cos’ I can find what I need there too.
It seems to me that the IFPI are just trying this to see what happens.
If it passes (big if) then it’ll be interesting to see the ISP’s revenue going down, and the expendature on filtering going up. And then no ISP filtering case will even be considered until the next batshit crazy claim that the IFPI makes (which is what, a week?).
If it doesn’t, and the IFPI are brutally slaughtered, then they’ll try again on another country. Probably European.
thenotsojollyroger is an eircom customer.
what the fuck!!!!!!
i am freaked.
the heads of authority/voting public in eire are the worst sheeple around.
eircom have THE monopoly on isp’s here and the only other contenders are DIGIWEB AND PERLICO!!!!!!
can you believe this shit???
THE GOVERNMENT HAVE shares IN EIRCOM LIKE THEY DID AER LINGUS.
IM IN SHANNON!!!
I AM DIGUSTED.
THE GOVERNMENT WONT CARE ABOUT THE INTERESTS OF CONSUMERS/VOTERS.
THERE WAS NEVER EVEN A VOTE ON THE CANNABIS LAWS.
IT WAS NEVER AN AGENDA.
OUR ‘ELECTORATE’ JUST BOWED OUT LIKE A CUNT.
I FEEL SHITTY JUST BY ASSOCIATION.
EIRCOM SHOULD QUESTION THE CASE IE. WHY ARE THEY THE ONLY {TELE2 ASIDE}
ISP FOR THIS?
BECAUSE EIRE’S VOTERS ARE OLD ALCOHOLICS.
IFPI: (to judge) Do you want a nice cup of tea whilst you consider our case against ISP’s?
Judge: That would be inappropriate…wait a minute…whats this envelope stuffed with money doing in the cup?
IFPI: Ah g’wan.
Judge: NO!
IFPI: Ah G’WAN, G’WAN, G’WAN, G’WAN, G’WAN, G’WAN, G’WAN, G’WAN, G’WAN, G’WAN, G’WAN,G’WAN,G’WAN!
Judge: FECK OFF! ARSE!!
Seriously though…its funny how the IFPI are suddenly doing this just after EMI negotiates a lower fee for services… maybe the PR peeps @ IFPI are putting a portfolio together so they can represent (rip-off) the movie industry too?
Chillaxe peeps! It’s against the interests of the ISP’s to get involved with their customers internets! No matter what happens in the courts…big business will find a way to offer what we want (at the price they want to charge!).
Yay capitalism!
RIAA made IFPI so horny that they need to act like idiots aswell?
HHAAA, good oul eircom, I cant see it being an issue really, but it is ireland and well to be honest this is a mad oul place where only stupid stuff happens, if I were to list the amount of fuck up in this country it would take bleedin ages. Although I cant see the IFPI getting anywhere with this just not a feasable claim to monitor all P2P traffic, wont happen.
I sent a bit of abuse to the cunts there just to make me feel better, worked well.
Either way it wont stop me using p2p, nobody will!!
I can’t see this going anywhere productive, but if they could manage to filter copyrighted material, it would mean virtually everything and who’s to say who is or isn’t entitled to what? There is a lot of copyright free material on share and for download on sites such as Jamendo, but likely it would all get filtered out as well. If any filtering occurs however, ISPs will lose customers in droves. That’s not what they want, and if it happens, well, I’ve got more music than I could ever listen to, and I might get a life outside the Internet. Physically sharing, trading and selling would likely become common. All the criminals will also be back on the street. Is that what everyone wants?
come on guys! pay for your music. Send a donation to Eircom!
Net innovators will always be one step ahead. Whatever they introduce we will find a way round it to get the music and films we want. It will be impossible for them to monitor vast amounts of data being downloaded if the content of the data is in anyway disguised.
Also, whilst we’re on the subject, I’m sick of record label and film companies equating estimates of pirate downloads with lost revenue. That’s absurd. People download far more than they would ever (or could afford to ever) legally buy.
The only way forward is unlimited DRM free content downloadable whenever you want it for a monthly subscription. That is what will happen once the companies wake up to the fact their business model of selling digital content is unsustainable when digital content can so easily be distributed online.
Come to think of it I could go into the music business, and we all could. We could become real pirates like them. All we need is a license like they got to make it all nice and ‘legal’. If you deal in commercial CDs there’s a good source to copy from too. Lets all open CD stores, second hand or work from home. Great fun and could be profitable.
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