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)
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You guys don’t really get whats going on here, do you?
Do you guys really have any idea how this website can exist in the first place?
Oh, thats rights, it takes MONEY to run a site like this and keep it running over the LONG HAUL!!
Don’t beleave me? Try searching for a torrent, try reading an article, without avoiding contact with ads on the side of every page on the torrent sites, including this one.
Those ads on the side of THIS website are called Goggle Adsense. Basically, everytime someone clicks on the ad, the website owner gets PAID from goggle!! And if its not goggle adsense, most of the torrent websites (Like pirate bay) are charging for adspace, selling there custormer base (which is likely in ages ranging from 13 to 35 or something like that) to potential ad buyers hoping to get more income from custormers like you who download content, illegal and legal.
So yes, it is pirating, not file sharing, because at the end of the day, the website owner is making a profit off the potentialy thousands of visitors that come here everyday to download content!
It would benifit Ernesto and others who run similar sites to tell you guys that its not bad when you download whatever, because it keeps the flow of Business going. But last time I check, I don’t see him breaking his neck to pay the content creators a portion of the goggle check he recieves every month, if wrong, please inform me.
No, I don’t think its right to sue people directly for the file sharing, but I do think if the content providers who are providing the content for free without regulation are making money from it somehow someway, then someone should get payed. Otherwise, your even WORST than the record company, YOU ARE THE NEW RECORD/MOVIE/BOOK COMPANY, because you bring people in the provide the content, some click on ads, goggle or whoever pays you, and you get to keep ALL the MOLA!! THATS GANGSTA!!
Then you feed the fire by egging people on to justify there downloading and making it seem “cool” to get shit for free, calling it “Human Nature”, making it seem easy and moral, all benefiting you and the torrent site industry (which by the way folks, is an industry as well, because there sites make money selling AD SPaCE). I think its brilliant, but BOGUS as HELL!!
So in a nut shell, you LET PEOPLE, and I repeat, YOU LET PEOPLE put copyrighted material on your server, they download it, word speads, more people come to your site, you get high rankings in goggle meaning even MORE people come to your site, which means even MORE people to click/or use to sell ad space to other folks. And in the end, you make some MOLA!! NICE!!!
But how much money does the content provider get???? I REST MY CASE. I don’t blame people for downloading shit. I blame cats like you for contributing for calling out and promoting the greed of the BIG WIGS when, with a little thinking, I see your in this for the money too. And really, I don’t blame the RIAA for doing what there doing, because all you guys are really doing is fighting over the potential future income the intellectual content could bring, except the record/movie/publishers/ARITSTS want to make money directly, and you want to make money PASSIVELY!! Wanna prove me wrong? Take down the ADS, then we can consider it sharing and not Stealing!! Up for the challange?? ACTIONS SPEAK LOUDER THAN WORDS!! Please prove me wrong??
@The real talk
Thought it might be worth mentioning at this point, that this is a P2P news website without any downloadable content at all…
But nice rant anyway.
OK Kye, my bad!! Ernesto, my bad as well. I will keep my stance on the pirate bay and other p2p sites I’ve seen ads on, I just think it would be fair that if a p2p host content that was created by any artist AND is making passive income from the traffic, then there should be some type of compensation distributed to the art creators!! About the sharing: if NO Ones gaining any compensation in the matter, then hey, can’t argue with that. But if someone is getting paid passively, then I can’t see the logic in that stance at all!! If the content wasn’t there, the websites wouldn’t be up!
Digital Rights Ireland have a nice article to read:
http://www.digitalrights.ie/2008/03/11/irma-v-eircom-why-isp-filtering-for-the-music-industry-is-a-bad-idea/
@74 the real talk
The horse has bolted. Too late to lock the stable door. Right or wrong, copyrighted files are being shared. Asking the millions of file sharers to stop isn’t going to achieve anything. The internet is heralding a revolution. From music, films, blogs etc., the whole media landscape is undergoing an unpredictable seismic shift. Can anyone accurately predict the outcome?
Regards.
I take it you would be more than happy with my own site then The real talk, not a single advertisement or donate here button.
We run at a loss on purpose so that when folks like yourself fly out to attack filesharing I can take a place also on the moaral highground, now as equals in routing out greed can you show me your site if you have one or in fact anything you do online for free to help others ?
The reason I,m asking this is simply because I didnt notice your posts of protest when the artists and songwriters where getting shafted a short while ago, why could this be ?
Could it be you have an agenda of your own ?
Quartz, I don’t run any sites on my own whatsoeva!! I’ve tried to make a little money on the web, but I’ve never ran a website before in my life!
I apprecieate you truly sharing what you have through takin a loss from running your site. If your not making any income from it, can’t blame you for what you do than homie!
However, I think you may be in the minority, as most torrent and free download sites I’ve seen have TONS of ads Flying everywhere (like pop-ups and what not). I know there are blogs that pormote stuff for free, but even most of them have a “Donate” button listed either at the top or the side of there pages.
All I’m saying is that if something is truly shared, if the server that is hosting the file is not collecting income (Like paying for faster downloads, Ads, Donation buttons, and the like) then hey, the entertainment industry can’t hold a candle to that, as that proves the the files truly are shared!! But if passive income is made from the traffic that the promise of getting free files brings to the website, than I beleave it is only right that the content creator gets a share of the money, however little that may be.
And to Alan, I hear you dude, LOUD and CLEAR!! And I agree! The internet has made more millionares and at the same time destroyed whole industrys, so there is good with the bad. But be careful when you contribute to the complete destruction of an industry, because with that goes jobs (Even the ones that are passively made from the success of a product, intellectual and hardware!), which means people get poorer, which means more and more people complain about shit being “to high” and justifiing there reason to steal.
Look, I’m not saying people won’t do it anyway when the oppurtunity presents itself. Hell, riots throughout history will tell you that most people had more fun takin shit out the stores when they broke the front door glass. Alot of times it was more about gettin’ shit free than it was about the “cause”, so yeah, human nature is FUCKED UP!! But that is what society is about Alan UK, to provide the structure and stableness to allow people to do what they love, make a profit off of it, and create more jobs in return and helping the economy as a whole! (Excluding govt’ taxation, thats a whole nother’ beast!!)
The rebels in Dufar (I think thats how its spelled, but you know what I mean) Call there cause a “Revolution”, justifying the mass genocide of thousands of people. Yet in the end, it only justifys the destruction of a countrys system for the transference of wealth, meanly the control of diamonds!
The evolution of society and economy has gotton so that EVERYONE in this nation gets a chance to make a living doing what they love, as long as there is a demand for the product and no one gets hurt in the process, that what the american economy is SUPPOSEDLY all about, which is the reason why forigners are still tryin to get into this country now!
I agree the entertainment industry needs to adapt. But I don’t think you guys really want the industry to go down in flames (By industry I mean artist, in whateva way possible, making some type of compensation for there work). Alot of your favorite musicians and even some people in non-musical positions took alot of time and effort to get into the position that there in. They give jobs to the manegers, bus charter services, caterers, recording studios, software providers, music equipment stores, live venue workers, etc.
I hear what your saying: “Who GIVES A FUCK? I Work at Blank-ka-ti-Blank (fill in whateva job you work at) spot, that shit don’t effect me, ADAPT OR DIE, HAHAHAHAH!!!)
Ummm, thats true, for now! But think of it this way, its not like your killing these people off the face of the earth, so there still there when the industry goes down! And guess what? Now there eyeing YOUR JOB, because less jobs create MORE competition for what remains, standards go up, and now your working even harder to KEEP your job that pays you SHIT CHANGE for the work you do anyway!! Adapt or die? That shits gonna be changed to Suffer or Die if you guys keep thinking only of NOW and not the Future. (Not speaking to u alan, just in general!)
whoo, I typed a alot of shit! Kinda hard to make that kind of point in one paragraph!! Forgive me if you were to impatient to read all of that guys, had to get my point across!!
Fair does : )
Many fair points made in your post, I dont agree with all your conclusions perhaps but very nice post all the same, cheers.
To bypass such kind of censorship I’m using VPN service provided by http://strongvpn.com No any bandwidth throttles anymore, while downloading torrents. Sites which were blocked before are accessible now.
Something thiny is here.
Looks like eircom refused to put limiting software on their servers. Good for them.
NO! Really?!
*shiny.
Also, it appears I cocked up the quote tag.
And the link was already mentioned. Wow, I’m being useful today…
Download some excellent photos for wallpapers:
http://rapidshare.com/files/97991248/Some_nice_photos_for__Terminator_The_Sarah_Connor_Chronicles.rar
This is BS. If eircom stoped access to TPB i wouldn’t ever pay dem for the internet ever again. TPB is 110% Legal WTF? there is no law broken until you download a illegal file witch is not even hosted on the fucking pirate bay. How can dey do dis >?
Fat fucking middle men protecting “their” copyrights
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