Music Industry v eircom

Victor

http://www.ireland.com/newspaper/finance/2008/0422/1208469020796.html

Eircom rejects claim it should be liable for illegal downloads

EIRCOM HAS rejected claims by four major record companies that, as the largest broadband internet service provider in the State, it must bear some liability for the illegal free downloading of music by computer users. ...

Also http://www.rte.ie/business/2008/0421/eircom.html

Now eirocm will no doubt try to rely on a common carrier defence and the music companies to quote "Mr Kavanagh said that, 'with the greatest of respect' to Eircom, it was 'well aware' its facilities were being used to violate the property rights of record companies 'on a grand scale'."

So, in creating such a link, are the music companies exposing themselves to claims regarding their promotion of violence, drugs, sex and 'dancing like that'?

Debate.

Maximilian

I have to say I find these cases fascinating but I really can't see them (music industry) winning. I'm not aware of any music industry action such as this being successful.

I would have thought that the only way the Music Industry would get what they want is through legislation.

In the meantime, we should sue boards.ie for all the coke & hookers they encourage the Moderators here to use.

Tom Young

Hopefully they won't. I assume you know an almost identical case was taken in Belgium called 'Scarlett' Sabam v Tiscali. TJ McIntyre has a write up on his website www.tjmcintyre.com

Scarlett is the name used by various other companies who joined the action in support of Tiscali.

Turns out that this is under appeal in Belgium.

The rights holders need a win in a common law Jurisdiction. UK would have been more favourable but it seems that the Uk Government has Co-Regulatory/Regulatory remedies under consultation, so the courts would not take it.

This has massive implications for Privacy and one would suggest that the Data Protection Commission should be joined in to the action as amicus or Third Party which ever being most appropriate.

Discovery also is a massive lever in this action.

Maximilian

I think there's another one ongoing in Sweeden as well

TJM

Direct link to a write up on the Irish situation here:

http://www.scl.org/editorial.asp?i=1786

CantGetNoSleep

As much as I hate eircom I hope they win this one

Tom Young

This case settled today after 8 days at trial.

Details of the settlement are unclear, but reports suggest that the Music Rights holders have agreed a '3 strikes' and you're out scenario with eircom. On RTEs website there is a report stating that the music rights holders will now seek similar from the rest of the industry. A bit daft given that everyones networks are differing and that they are not a party to this agreement in any way shape or form.

In another action before the courts the Music Rights Holders secured an interloc injunction against Mr Trimbole who is accused of Copyright infringement,

Interesting day!

Tom

briantwin

This is a rather messy result for Eircom. Not only are they the countries largest ISP but they are also the crowd who dropped the ball with regard to the security of the wireless routers they issued to tens of thousands of customers.

most students i nthe country are hijacking someone elses wireless connection. So effectively people who wouldnt know an mp3 from 3 members of parliment will be getting their service revoked.

Also i can see that if the ruling was contested by a customer all sorts of very messy forensic data examination of a customers PC would be required to rpove or disprove the claims.

Tom Young

I was in court intermittently for this case. eircom actually won this case in my opinion. Their legal team were absolutely superb on cross examination of the Plaintiff's and indeed the technical evidence was good from eircom.

A couple of noteworthy items:

1. No injunction;
2. No enforced software on the ISP network (as it wouldn't work);
3. Retention of mere conduit status;
4. No payment of damages; and
5. An agreement to proceed.

Downsides:

1. Rest of industry not included in agreement;
2. Agreement is bilateral;
3. Customer sentiment is awful due to privacy concerns;
4. Ownership of IP addresses is not resolved here at all;
5. eircom cannot be judge, jury and executor in this at all; and
6. I expect it to be back in court relatively soon.

Proceeding remain underway in Belgium and have been issued in Australia.

There is no question that criminality and theft is a bad thing, but the stark reality is that by the time this agreement is implemented technology will have changed yet again.

Re: Wireless theft etc. Criminal Damage and Theft and Fraud Offences do cater for this and in fact there are procedures for getting records in an expedited fashion - Don't be under any illusion that this stuff is beyond the wit of man.

Tom

Carawaystick

surely if the record companies find evidence of illegal activity they should report it to the gardaí, not Eircom. Or maybe it's not illegal and a civil matter after all.