IRMA loses in bid to force 'three strikes' on UPC

bealtine

http://www.teic.ie/2010/10/irma-loses-in-bid-to-force-three-strikes-on-upc/

The Irish Recorded Music Association has lost in a bid to force UPC to adopt a ‘three strikes’ approach to alleged illegal file sharers. UPC had argued it was a ‘mere conduit’ and so could not be held liable for information transmitted over its network.

UPC noted the decision of the court and said it was still willing to work with stakeholders in tackling the problem of piracy. In the past the company has called on a round-table discussion with all involved to try to find a workable solution.

The ‘three strikes’ principle sees users get a written warning when illegal files are believed to have been accessed by them. A second warning is sent if the activity continues telling the user they will be disconnected if it continues and if it persists the customer is then removed from the network.

Alleged illegal users are identified by IRMA, which passes the IP address on to ISPs.

Eircom are currently the only ISP to follow the system and adopted it after an out-of-court settlement with IRMA.

Today’s ruling means it will be unlikely that IRMA will be able to force other ISPs to follow suit and so leaves Eircom in an isolated and tricky position.

bealtine

http://www.rte.ie/business/2010/1011/upc.html

FoxT

I don't download music illegally, but have long felt that IRMA (and in the US, the RIAA) needs to stop harassing people & focus instead on delivering real value to consumers.

As it happens I am a UPC subscriber for TV & broadband already. God bless 'em


- FoxT

watty

They need to go after the sources, not the ISPs.

You don't dig up roads to block access to someone with pirate stuff in his boot at a boot sale or block access to the market because there is a stall with counterfeit DVD/CDs.

They (IRMA) must operate same as entering a Shop or Home to look for counterfeit/pirate goods. Get warrant against an individual or site. They can get info via warrant on person by person basis from ISP.

Anything else is not ISP responsibility, they are a "road provider".

IRMA should not have special laws made for it. The existing laws are quite good enough and enable them to tackle infringing IPs (sites or users) on an individual basis.

bealtine

watty wrote: »

They need to go after the sources, not the ISPs.

They seem to prefer to operate on the nod and the wink, innuendo, fear and suspicion rather than operating the laws that actually exist. We've heard this chorus a few times before and the recording industry still exists albeit their monopoly on distribution is shrinking. The recording industry needs to embrace and extend rather than trying to outlaw the new methods of distribution. The days of the exorbitant cost of a lump of basic plastic are over.

Even the EU has spoken out that internet access is a basic human right and cannot be removed on the say so of self appointed "guardians".
Furthermore ISPs enjoy, so far, conduit status and long should it remain so.