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Ireland’s Largest ISP Starts Throttling and Disconnections

Next month Ireland’s largest ISP will begin an anti-piracy campaign against its own customers. After caving in entirely to the orders of the music industry, Eircom will first warn alleged copyright infringers, then slow their connection “to a snail’s pace”, all followed up by disconnection from the Internet.

eircomEarlier this year Ireland’s RIAA, IRMA, and the country’s largest ISP, Eircom, reached a private agreement to implement 3 strikes for alleged pirates.

Eircom felt this agreement would put it at a competitive disadvantage, so part of the deal would see IRMA go after Ireland’s other major ISPs too. IRMA kept that promise by going after two other ISPs – BT Communications Ireland and UPC Communications Ireland. IRMA said it targeted these ISPs since their customers share the most music.

Unlike the weak Eircom, UPC and BT say they will not go over and above their obligations under the law and have refused to capitulate to the music industry monopoly – IRMA controls 90% of recorded music in Ireland.

So next month sees Eircom become the anti-piracy partner of IRMA. It will begin acting on the inspired decision to punish its own customers, based upon allegations of copyright infringement from the music industry. On an initial allegation, Eircom’s customers will receive a warning on their bill. On a second, they will find that their connection has been slowed “to a snail’s pace” and on a third, its Internet blackout time.

All this without the need for a court either – President Sarkozy would give his right arm for this kind of unconstitutional power.

So why exactly did Eircom get into bed with IRMA when the European E-Commerce Directive clearly states that ISPs are not responsible for the data they carry?

According to some – surprise, surprise – it’s all about money. While Eircom could’ve gone through with its defense in the court case against IRMA, these things take time and can drag on for months or even years. This is the last thing Eircom needs in its current position.

The ISP is at least $5.6 billion in debt, has had five owners in the last 10 years and is currently the subject of yet another takeover bid by Singapore Technologies Telemedia, a unit of Singapore state investor Temasek Holdings.

Problematic outstanding litigation isn’t particularly attractive to prospective buyers, so the decision to settle with IRMA could have been viewed as a sensible one by Eircom, even at the risk of losing some customers.

However, according to Eircom spokesman Paul Bradley, there has been “no measurable loss” of customers moving to Ireland’s other ISPs but of course, Eircom hasn’t disconnected anyone yet. Rest assured when they do, the number moving to other ISPs will be almost identical to the numbers they disconnect.

Giving money to a company that rates your business as secondary to the needs of someone else’s business, copyright infringement or not, seems like a good situation to avoid.

Sign up with UPC here or BT here and help to finance their battle against the bullies from IRMA.

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  • balzy

    yar!

  • Jasper

    fock them freedom decreasers change your mind an long life tpb p2p and pirate-party!!

  • redmarine

    In my country online piracy hasn’t even been mentioned once. The politicians got other things to do.

  • Anonymous

    #3
    Where do you live?

  • Anonymous

    you think they have problems with debt now? Just wait until all it’s existing customers jump ship to BT and UPC in protest at this stupid decision. Bye bye Eircom.

  • truth

    The problem with going with BT in Ireland is that Eircom will still a monthly fee for line rental. This fee is massaged into the price that BT will bill you. It is the same with any other ADSL package in Ireland. Eircom get money for being sh1t.

  • hot sex gary

    IRMA controls 90% of recorded music – surely that’s uncompetitive enough that the government would be cracking down – or is the govt lacking the money to do so too?

  • poyo

    good thing my country is a third world country and for once i want it that way

  • Ralonto

    We all knew Eircom was a whore to those corporations :>

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  • John

    Damn, blasphemy laws introduced recently and now their largest ISP says Fuck you to their customers.

    Ireland, what the hell is happening?!

  • sjena

    If I lived in Ireland I would immediately follow the advice of the last paragraph.

  • Gav

    I wonder, do they not have to notify each and every customer by mail to inform them of the changes to the Terms of Use? Otherwise they are in breach of contract.

  • haha

    Are there any Irish sources on this? It’s strange that only the Boston-based Christian Science Monitor is the only news source on this.

  • ano nym ous

    “Sign up with UPC here”

    UPC is throttling P2P-connections (especially BitTorrent) at least in Austria and Netherlands, so I wouldn’t exactly recommend them either.

  • kiwis share

    wish i could remember one of the many UN-PC jokes about the irish i knew as a kid,lol.sorry

  • KBKarma

    Odd fact about UPC: I managed to grab a 1.6GB torrent in under 39 minutes. If that’s the normal speed when throttling, it’s more than fast enough, methinks.

  • wonderwhy-er

    Hmm. Seems good time to switch ISP. Well 3-strikes is one thing but they have large dept huh and changing owners often… In my experience this leads to whole a lot of other problems like connect/support/speed problems… I would have started checking alternatives if I was their customer just in case things get worse.

  • EircomSucks

    Their service is terrible anyway. In the last 2 months my neighbours and friends have all changed from Eircom to UPC on account of the rubbish connection, terrible speeds and disgraceful customer service.

    I’m changing to UPC myself this week.

  • Deville

    I think, the ISP has a contract with it’s customers, and if the ISP slows down the connection, the contract is violated..?

  • enter8

    I highly doubt that prospective court costs are driving this decision. Do you really think, that, as people start getting disconnected, they AREN’T going to start suing?

    Mark my words, they will end up in court. The only difference is that this route will involve an exodus of customers/lost revenue.

    The threat to ISPs from disgruntled customers will always outweigh the threat from the music industry. To capitulate that quickly- it’s financial suicide.

  • Fish

    The biggest problem for many people in Ireland is that Eircom is the only ISP available to people outside the city, aside from even dodgier ISPs that will rob you and give you terrible quality in return. It’s all right for people in the city who can switch to Smart Telecom and UPC, but people outside the country are screwed.

    It’s in the country where Eircom have a monopoly where people are going to feel the hurt. Other ISPs need to set up there asap to take advantage of customers who’d like to jump ship.

  • Phoenix

    soon it will be smallest irish ISP not largest

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  • Moonrend

    So basicaly they just entered a deal where they need to remove their customers one by one, until there is no one left.

    Great, I can see the future of that company even more clearly now.

  • ano nym ous

    @16

    I know, not everybody is affected by it, probably depends on the congestion of each node or so.

  • Brian Lenihan

    Hmmm I live in Ireland ;)
    I don’t use eircom
    Im not worried tbh
    Brian,

  • T.P. Bunghole

    This reminds me of a joke…

    Q:What’s the difference between IRMA and the IRA?
    A:One of them used to be a terrorist organisation

  • Anonymous

    IRMA reminds me of the church in medieval times :)

  • Anonymous

    cya eircom you dont treat paying customers like this. makes me feel like putting up one of those stupid middle fingers that are all over pirate bay ;).

  • HarryBo

    @25

    Mr. Lenihan, do you not have some political work to be doing? Get off TorrentFreak!

  • Brian Lenihan

    @29
    Im on summer recess!

  • Andy

    Im switching as soon as i get home from holidays. Im posting this comment from my fone. Eircom are sooooo f’:ked ! Im just gona watch them die over the coming months and then laugh about it

  • 1

    “…even at the risk of losing some customers.”

    _some_ customers? How about 66% of customers (look at the news item below this one)? HAHAHAHA GOOD LUCK WITH THAT ASSHOLES.

  • CDR levy of canada

    find out who works there and start tossing water ballons at them
    :P

  • Anonymous

    No-one’s mentioned the fact that Eircom used to be the state-owned and solitary telephone company in Ireland.
    That’s why they have the customer base they have.
    Most people here never even considered any other ISP.
    Eircom own all the copper cabling in Ireland. When it was privatised and began changing ownership every few years it also stopped upgrading it’s system. As a result we’re way behind a lot of so-called 3rd-World countries in terms of broadband penetration and speeds.
    The Irish government minister for ‘Science, Technology, Innovation and Natural Resources’ is a total idiot. He was questioned recently over the phone by a journalist who was concerned that someone so unqualified should attain this position in government. When asked what qualifications he had, he said he ‘worked for Denis O’Brien for 5yrs’. For those of you not Irish, that means he worked for Eircom.

  • jrocket

    an excellent article enigmax, thank you very much.
    i feel i do need to mention that there is an eircom WEPgenerator, believe it or not.
    google ‘eircom wep key gen’
    its absolutely ridiculous.
    its set in java too, so you fine folks can set that shit up on your mobiles…. :)
    i need not tell anyone here of the opportunities that come with breaching networks in 2 seconds :)
    i would also like a scathing article on THAT one enigmax :)

  • Anonymous

    No reason why ups and bt wont cave too, they are saying the same things as eircon did before it went to court!

  • Paul

    No reason why ups and bt wont cave too, they are saying the same things as eircon did before it went to court!

  • vortex

    looks like the luck of the irish could be improved with a seedbox in between them and their favorite torrent sites

    ————————————–
    http://filevortex.com

  • ping

    I predict that only a relative few will make a fuss, and that such will only have either a limited negative effect on the health of the ISP, or even net positive when all’s said and done as it may well prove profitable to restrict and remove the most costly users. And on top of that, you might just find that in time there won’t be any other ISP to run to.

  • Bobe-On

    “Decentralized wireless mesh networks offer some hope of protecting freedom of communications within the network, if not between the network and the public Internet. As community wireless activist Sascha Meinrath writes, ‘What happens when a group of friends get together and buys a single line that is then shared among them? What happens when an apartment building buys a line and shares it? What happens when a community or neighborhood gets a line and shares it? … Who ‘owns’ an ownerless network? Because that (non)entity is required by [law] to provide surveillance capabilities on that network … [it] represents an unenforceable mandate.’

    But wireless mesh networks are not well equipped to handle the other problems we’ve discussed. Because a wireless network can’t communicate with the Internet until it finds a wire, it is dependent on a single ISP. Ultimately it is limited by the ISP’s access speeds and network management policies.

    If wireless devices were ever to become powerful and prevalent enough for the mesh to replace much of the Internet as we know it, every mobile phone and laptop could become a voluntary peer in a global community of equals, without oversight or restrictions. Alternatively, if virtualization, a technology that slices up computers into multiple “virtual” machines, is ever successfully applied to the hardware at the Internet POP (right now it’s busy transforming the corporate data center), we could conceivably all afford to be our own ISPs someday.
    But the limitations of current technology—as well as the opposition of ISPs and telcos, fighting to fend off what they see as a doomsday scenario—make these blissful utopias unlikely anytime soon.
    Rest of article:
    –http://www.truthdig.com/report/item/20081024_e_speech_the_uncertain_future_of_free_expression/

    If you nevertheless add ‘spectrum reform’ (google it) to the equation, that might tip utopia past the tipping point to reality.
    (Support/Join your local wireless mesh groups and spectrum reform.)

  • Dude

    It’s a good thing music industry hasn’t touched Estonia yet.

    Absolutely no mention about such topics. Also our largest ISP hosted in their server the largest piracy forum + FTP server. ;)

  • JD

    I can’t wait to see how other ISPs react to this if, well when, Eircom go bust.

    It might actually be a good thing they are enforcing this “3-Strike Policy”; it will prove that their tactics are wrong and will result in a huge-loss of business.

    Mass boycott of Eircom please ;), Lol.

  • Lvcifera

    Yeah, Bobe-On, could be nice. Someone hack the fúck out of the iPhone, drop an open O.S. onto it, and let the fun & games begin. 

  • A B

    I’ve only just persuaded my family recently to switch to NTL. What a delightful coincidence in timing.

    > according to Eircom spokesman Paul Bradley, there has been “no measurable loss” of customers moving to Ireland’s other ISPs

    That is “no measurable loss, +1″.

    Eircom are uncompetitively priced anyway – see the comparisons on callcosts.ie to see for yourself.

  • .neo.styles|nvDX

    Someone who uses a service to perform illegal activities is not worthy of the word “customer.” In this case, if Eircom were to “look out” for it’s activities, I take it that would mean concealing their illegal activities?

    This whole thing would cease to be a problem if people just realized that they aren’t the only ones that matter. Artists aren’t their slaves and they aren’t entitled to everything. Artists need to make a viable career out of what they do too.

    In the end, I guess, it doesn’t get anymore ironic. Artists are working as hard as they can to deliver good music to the consumers, and the consumers aren’t doing squat. They’re just sitting there and pirating anything they can get their hands on. They have no concept of hard work, just self satisfaction. They have no concept of self sacrifice, just enjoyment. They can’t even bring themselves to contribute to that which they enjoy, which is what makes them so despicable.

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  • Guy Fawkes

    @NeoStyles
    change the view
    If all the extortion organisations like RIAA and IRMA and all the maffia music labels just realized that they aren’t the only ones that matter. Artists aren’t their slaves and they aren’t entitled to everything. Artists need to make a viable career out of what they do too.

    Almost all the artist gat crappy contracts with a really low share of the profit, they are forced to go on lots of tours and make the albums the way the slavemasters want it, that’s ruining the music industry.

    Ever heard of the initiative Sellaband? That’s more like the future. The old ways are dead and done, piracy just helps to bury them :)

  • Eileen Downe

    I have a contract with Eircom since 2007 and they have constantly throttled my connection. The thing is though – that their contract is to provide me with the service that I am paying them for. IRMA has no contract with Eircom, IRMA is not a party to my contract with Eircom and therefore should have no power to interfere with my connection.
    I will be suing Eircom for breach of contract, libel, slander, and anything else that a lawyer can come up with if they attempt to breach my contract with them.
    I have no problem with putting my face to a high profile court case over this issue because it is simply illegal for Eircom to provide any details of my internet use to a third party who is not involved in my contract.
    Once again I repeat – Eircom has a contract with me and no other company has a right to know any details of my internet usage.

  • Benji

    Eircom are no different than the industry you represent, neo. It’s not going to want to burden itself with law enforcement unless it personally stands to gain from it. It’s a business and all it really cares about is the bottom line, same as you and yours.

    Sure, humans are fundamentally selfish creatures, it’s the only way proven to work, and so you can’t really blame them for looking out for #1. If that means grabbing what they want for free without apparent consequence, they will. Your copyright laws don’t mean anything if you don’t have the power to enforce them, and given what’s been created here with I.T. the last few decades I’d say you seriously have you work cut out if you think you can control people’s use of it. It’s far more than just computers on the net these days. You have no choice but to accept it and try to work with it, though you may hate that. In the dotcom goldrush of the 90′s apparently few stopped to consider the consequences of their creation, all fueled by an insatiable appetite for more wealth, as usual. Now look… oops, your industry might have gotten shafted along with many others. Love it, hate it… whatever; it’s just evolution at work – nothing right or wrong about it.

    Media will always exist and in vast quantities irrespective of whether the present industry survives or not, and especially so given the availiability and capability of today’s technologies. Your artists certainly have no inalienable right to a viable career built on a premise that people must buy what they create.  People don’t need to buy it anymore, they can just copy it for free instead and save their money. 100% OFF WHILE STOCKS LAST! And don’t act all dumb with the trying to pretend that people don’t know hard work either, of course they do, but they’re also experts on mastering the most efficient ways of conserving resources… minimal cost for maximum return is a common goal, and that by no means excludes resource expenditure required in obtaining entertainment media for self-satisfaction.

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  • Emmanuel Goldstien

    A VPN connection is the only way to avoid the 3 strikes rule and prevent your ISP throttling/slowing your P2P traffic. All your data is encrypted and the IRMA cannot tell what you are downloading since your IP address will be anonymous.

    Any good VPN provider will do – I’m testing blackVPN who have servers in the UK, USA and Netherlands. Check their twitter page they are still giving out free accounts while they beta test. @blackVPN

    @%*# censorship and the 3 stikes!

  • Ship Rick

    a quick word of advice in yer ears, be careful my fellow Irish pirates, if joining up with UPC’s 10 mb or 20 mb packages- It says that there is no download limit on both those packages. They have DL limits of 250 gb. Its in the acceptable usage agreement you get with them when you sign. I only know because i work there answering the phone for them in the BB section. I’ve had to suspend a good few peeps for going over it myself….just to let ye’kno…happy pirating!

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  • Bobe-On (Peopleism)

    @ .neo.styles|nvDX

    > “Someone who uses a service to perform illegal activities is not worthy of the word ‘customer.’”

    Then you may have no business, since no customers = no business.

    Forcing people to be paying customers with a wealth of a market of free options seems not a business make. Trying to, which seems to be the case, appears like trying to get people to buy bottled air. The only way to have that happen is to seriously pollute their environment– and I mean it in the legal sense too. People already buy bottled water, so it is possible, but ultimately bad for nature and culture in the long run.
    What is ostensibly happening often looks to me like short-term and get-rich-quick thinking with little thought to the socio-cultural environment and its future. Creativity will likely explode when/(if) money and record companies go away. As it is now, all I hear on the radio and everywhere else still are the same tunes over and over and over again. I suspect that we are at a crossroads between cultural stagnation (“Christmas art every day”) and revolution (new, exciting forms every day!).

    My corrections in brackets… ;)

    > “This whole thing would cease to be a problem if the [industry] just realized that they aren’t the only ones that matter.”

    > ” In the end, I guess, it doesn’t get anymore ironic. Artists are working as hard as they can to deliver good music to the consumers, and the consumers aren’t doing squat.”

    I prefer to consider myself a citizen, as opposed to a consumer, perhaps because the moment we get a consumer, we get a wage-slave, or a bigger one. The moment we get wage lock-in is the moment nothing in life is free, and of course, just about everything in life IS free. The sun, the water, the air, the birds; the pear trees and the land they’re on.

    Wikipedia or Google “Property is theft.”; “Wage slave”; or “debt slavery” and then ask yourself if paying for ANYTHING makes as much sense as you thought it did. To me, it is starting to make less and less sense than it ever did.

    Industries, at least as we know them, may be seeing their last years.

    The future may be beautiful, with less work hours, guaranteed wages, green products and processes, etc., but we will have to fight and fight hard for it over those who may not and never get it.

    Google (or better yet, or ultimately, consider an open source search engine and/or supporting one.) Steady State Economics (Herman Daly)

    > “They’re just sitting there and pirating anything they can get their hands on. They have no concept of hard work”

    That’s the Protestant Work Ethic, n’est pas? A 40-plus-hour work week?
    Harder and longer for less and less?
    Good propaganda for slave-trading perhaps but…
    Nature seems to strongly suggest that one doesn’t have to work nowhere near as long and as hard as they do… to be happy, fulfilled, content.
    The systemic lense of ‘capital’ through which capitalism peers will never work for ‘people’ no matter how hard it tries, probably because, if Thomas Kuhn is corrent; it is the lense that determines what we can see.
    Changing our lense to People will change what and who we see and prioritize.

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  • tester errer

    Hello

    I have read sometime ago that RIAA has made a series of litigation against all the ISPs in Eire so that no internet user could switch ISP .

    This article goes to contradiction to the previously known news. what happened so far?

  • Tim Headland

    You suggest that the number moving to other ISPs will be almost identical to the numbers Eircom disconnect. I suspect that is a vast understatement – speaking as an Eircom customer myself (at present) I plan to switch to another ISP the moment the buggers disconnect their first customer. If I wanted to live in a police state I wouldn’t be living here in the first place.

  • 1984

    Inspired decision to punish its own customers!!!!!!!!!!!!!!!!!!!!!!!!!

  • Anonymous

    BT is pulling out of Ireland sold all domestic connections to vodafone cant make money because of Eircom, UPC are crap and throttle.
    Eircom are just keeping IRMA sweet i bet no one will be disconnected.

  • KOP

    Here in Portugal the ISPs have adds talking about sharing files, and the “light speeds” of our new fibre :)

    Portugal <3

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