The case went to the High Court but although Mr Justice Peter Charleton acknowledged that recording companies were being harmed by Internet piracy, he said that laws to cut off file-sharers were not enforceable in Ireland.

“It is not surprising that the legislative response laid down in our country in the Copyright and Related Rights Act 2000, at a time when this problem was not perceived to be as threatening to the creative and retail economy as it has become in 2010, has made no proper provision for the blocking, diverting or interrupting of internet communications intent on breaching copyright,” he said in his judgment.

By not having this legislative mechanism in place, Justice Charleton said that Ireland is not in compliance with its obligations under European law. The only thing the courts can force an Internet host to carry out, he said, is the removal of infringing material.

Now, through its ‘Consultation on Amendment to Copyright and Related Rights Act, 2000′, the Irish government is taking steps to change legislation to close this apparent loophole.

“It must be emphasised that this proposed amendment is not about the introduction of a statutory regulatory regime in relation to copyright infringement such as the French ‘Hadopi’ system or the ‘Three strikes’ regime set out in the Digital Economy Act in the United Kingdom,” notes the proposal.

Nevertheless, while they do not implement a statutory regime, adoption of the proposals could yield a similar result, a situation welcomed by IRMA.

“We have always been looking for the right to take injunctions against ISPs if they are not dealing with illegality on their networks,” said IRMA chief executive Dick Doyle.

The proposals published yesterday are open for public consultation with a closing date of July 1st, just over a week away. Submissions should be sent to IPU@djei.ie or posted to the Intellectual Property Unit, Department of Jobs, Enterprise and Innovation, Kildare Street, Dublin 2.

The proposals come on the back of the news that due to an administrative computer error, in October last year Eircom wrongly sent out around 300 “first strike” warning letters to innocent subscribers. The error is now being investigated by the Irish Data Protection Commissioner.

Source: Ireland Set To Force ISPs To Disconnect Pirates

The latest attempt at blocking a website comes from Verein für Anti-Piraterie der österreichischen Film und Videobranche (VAP) – the anti-piracy association of the Austrian film and video industry.

In October, VAP approached several ISPs with a request to block Kino.to, a popular movie streaming portal which ranks in the top 50 sites of both Germany and Austria. Kino.to hosts no illicit content itself but indexes material stored on file-hosters and other streaming services.

More than 1500 IP addresses and nine domains are present on a VAP blocking wish list including MegaVideo.com, duckload.com, Freeload.to, Speedload.to and Archive.to.

Internet Service Providers Austria (ISPA) responded robustly to the request on behalf of their members, stating clearly that ISPs are mere carriers of information and that the request has no legal basis.

“It would be better for the rights holders to think about innovative business models,” said Secretary-General Andreas Wildberger.

Undeterred, at a press conference this week VAP announced that it now intends to force ISPs to cede to their wishes. They say they will do this by singling out one ISP in particular, UPC, to block Kino.to and other domains via a court injunction.

“Since the operators [of the 'infringing' services] cannot be found, we will hold the Internet service providers to account,” said a VAP spokesman.

In common with its division in Ireland (there it refused to cooperate with 3 strikes demands from the music industry), UPC is standing its ground.

“UPC enables its customers to access the Internet, but has no obligation and no right to selection or examination of the content provided therein,” the company said in a statement.

Werner Müller of VAP said the aim of the test case against UPC is to see whether the blocking of sites with “consistently illegal content” can be enforced via the courts.

The Pirate Party of Austria said it “is appalled but not surprised” at what it describes as a “Chinese-style” censorship attempt.

“It’s not about censorship, but rather the imposition of economic interests,” said VAP lawyer Andreas Manak.

Source: Anti-Piracy Group Seeks ISP Level Block of Movie Streaming Portal

The deal would see the ISP introduce a 3 strikes system for dealing with subscribers who share songs to which the labels own the copyright. The implementation of the agreement was held up over legal argument, but in April this year the High Court in Dublin gave it the green light.

Part of the private agreement between IRMA and Eircom required that the ISP should not be put at a competitive disadvantage through this 3 strikes set up. That meant that IRMA would have to go after other ISPs to force them to do the same.

Among others, IRMA sought agreement from UPC, but the ISP refused to play ball and the case went to the Irish High Court. Today the result of that action was announced and for the record labels and Eircom, the result was bad news.

In a judgment published today, Mr Justice Peter Charleton acknowledged that recording companies were being harmed by Internet piracy but that laws to cut off file-sharers were not enforceable in Ireland.

“It is not surprising that the legislative response laid down in our country in the Copyright and Related Rights Act 2000, at a time when this problem was not perceived to be as threatening to the creative and retail economy as it has become in 2010, has made no proper provision for the blocking, diverting or interrupting of internet communications intent on breaching copyright,” began the judgment.

Justice Charleton noted that by not having this legislative mechanism in place, Ireland is not in compliance with its obligations under European law. He added that the only thing the courts can force an Internet host to carry out is the removal of infringing material.

“UPC has repeatedly stressed that it does not condone piracy and has always taken a strong stance against illegal activity on its network,” the company said in a statement.

“It takes all steps required by the law to combat specific infringements which are brought to its attention and will continue to co-operate with rights holders where they have obtained the necessary court orders for alleged copyright infringements.”

“Our whole premise and defence focused on the mere conduit principle which provides that an internet service provider cannot be held liable for content transmitted across its network and today’s decision supports the principle that ISPs are not liable for the actions of internet subscribers.”

The ruling leaves the music industry high and dry in Ireland and Eircom in the unfortunate position of being left at a commercial disadvantage. It will be interesting to see how the record labels and ISP handle this development.

Source: Music Industry Fails In High Court Bid To Force 3 Strikes on ISP

After initially telling everyone how it would never cave in to the labels, Eircom quickly changed its tune. A few days into the court case, suddenly there was a “world-first” agreement between the labels and the ISP.

Eircom had entered into an entirely voluntary agreement with the labels, where they would simply accuse alleged copyright infringers (via DtecNet, the RIAA and BPI anti-piracy partner), and on the third accusation the ISP would disconnect that subscriber on a Terms of Service violation.

Although it hasn’t been put into place yet due to “ongoing technical discussions concerning implementation,” this deal does seem very cosy.

And it gets cosier still. As part of the agreement with Eircom, the Big Four agreed that they would go after other ISPs to force them to agree to the same terms as Eircom did, so the company “would not be at a competitive disadvantage.”

So who would be next on the hit-list?

According to a report in the Irish Times, that honor has been bestowed on Ireland’s second-largest telco BT Ireland, and the country’s largest cable operator UPC Ireland.

On Tuesday, two sets of legal proceedings were issued at the High Court by “EMI Records (Ireland) Limited and others”, one against BT Communications Ireland and another against UPC Communications Ireland. IRMA, Ireland’s equivalent to the RIAA said it targeted these ISPs since their customers share the most music.

While a spokesman for BT said he couldn’t comment at this stage, a spokeswoman for UPC said their company position hasn’t changed. It will not enter into an agreement with the record labels that goes further than existing legislation – i.e no voluntary 3 strikes.

“There is no basis under Irish law requiring ISPs to control, access or block the Internet content its users download. In addition, the rights-holders’ proposal gives rise to serious concerns for data privacy and consumer contract law,” she said adding: “UPC intends to vigorously defend its position in court.”

Eircom took that position too, but look where they ended up – in the lap of the Big Four. Time will tell if UPC can maintain its strength against determined opposition.

Source: Irish RIAA Takes ISPs To Court To Force 3 Strikes