eircom issues statement on illegal file sharing

eircom: Tony

Hi folks

I've been asked to share this press release, issued today, with you:

(8th December 2010) Coinciding with the launch of eircom’s new exciting on line music service eircom MusicHub, eircom today has confirmed that it will maintain its initiative with the Irish Recorded Music Association (IRMA) to implement a ‘graduated response’ programme as part of the company’s approach to combating copyright infringement in the form of illegal file sharing.

eircom is proceeding with implementation of the protocol which could result in the suspension and ultimately disconnection of broadband service for those customers who deliberately and persistently infringe copyright. This is a measure of last resort and the protocol has been designed to ensure that customers do not find themselves in this position.

Since January of 2009, eircom has worked with the music industry through its representative body IRMA to implement a formal process aimed at reducing instances of illegal copyright infringement, and together the protocol was developed whereby customers who engage in copyright infringement by way of illegal file sharing would first be informed that their activity was illegal and then would receive a number of notifications in the form of written warnings encouraging them to change their behaviour. If a customer persists with the illegal activity it may result in a seven day suspension or yearlong disconnection of their broadband service.

The protocol commenced on a trial basis in June 2010. Since the commencement of the trial, the number of notifications received from the music industry and processed each week has increased to approximately 1,000.

At the heart of the protocol is the desire to help our customers to avoid illegal copyright infringement by creating awareness about the issues surrounding copyright infringement and illegal file sharing of copyrighted music. eircom is committed to helping its customers get the most from their broadband service and ensuring customers can access the world of digital music in a legal way.

Today’s launch of eircom MusicHub gives eircom customers a novel, easy, inexpensive and legal way of accessing music online, which is unique in Ireland, and which reflects our commitment to meeting our customers’ needs. It is a compelling alternative to illegal file sharing.

The company believes that it has a duty to ensure that the rights of artists and the laws of the state, including copyright law, are upheld, and to take action when illegal activity is brought to our attention. Our obligations to our customers remain paramount, and the primacy of their rights, in particular their rights to privacy, are reflected in the phased structure of the protocol, and in the eircom MusicHub service launched today. eircom is of the view that these obligations are part of a role that all responsible companies must serve.

Today eircom confirmed that it will continue to play a leadership role with the music industry, other ISPs, and key stakeholders including Government to find a long term sustainable solution that addresses the issues of illegal file sharing while minimising the impact on customers.

eircom wants to make it clear to customers that:

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• ircom does not and will not monitor customers’ activities at any stage, nor will it place any monitoring equipment or software on its network in order to facilitate the graduated response process.
  
• eircom does not and will not provide personal details or any information relating to customers to any third party, including the record companies.

The Protocol

While the details of the protocol remain confidential, the following provides an overview:

As part of this agreement, IRMA will provide eircom with notifications which will contain among other details, the IP address identified as engaging in illegal music file sharing in breach of copyright along with evidence of the infringement. The IP addresses have been captured in accordance with relevant laws and processed on IRMA's behalf via a third party. eircom on receipt of the notification will:

Contact identified eircom customers to inform them that their broadband account has been linked to an IP address detected by IRMA, as engaging in illegal music file sharing in breach of copyright. eircom will clearly advise the customer that such acts are illegal and in breach of the terms and conditions of broadband service, and eircom will provide information as to how the customer can avoid repeating the infringement.

If the customer continues to engage in the illegal file sharing of copyrighted music, eircom will send the customer a second warning letter indicating that unless the infringement ceases the customer's broadband service will be suspended.

Where there is a third notification of infringement, eircom will write to the customer advising that eircom has received a third notification of illegal filesharing of music and eircom will then proceed to withdraw the customer's broadband service for a period of 7 days.

The customer will also be informed that should they continue to engage in illegal filesharing of music illegally in breach of copyright and a further notification of infringement is received, the customer's broadband service will be disconnected for a 12 month period.

eircom has set up a dedicated team to work on this protocol and customers who have queries or require further information can contact our dedicated team via telephone on 1890 253 059. We have also created a dedicated website which provides further information on the process and this can be accessed at – www.eircom.net/legalmusic

Any questions, please let any of us know and we'll try to help.

Thanks

Tony

Pyongyang

From the Eircom press release:

The company believes that it has a duty to ensure that the rights of artists and the laws of the state, including copyright law, are upheld, and to take action when illegal activity is brought to our attention.

I couldn't agree more.

Our obligations to our customers remain paramount, and the primacy of their rights, in particular their rights to privacy, are reflected in the phased structure of the protocol, and in the eircom MusicHub service launched today. eircom is of the view that these obligations are part of a role that all responsible companies must serve.

Your obligations to your customers clearly do not remain paramount, in particular their rights to privacy because:

eircom wants to make it clear to customers that:

• eircom does not and will not monitor customers’ activities at any stage, nor will it place any monitoring equipment or software on its network in order to facilitate the graduated response process.
• eircom does not and will not provide personal details or any information relating to customers to any third party, including the record companies.

That's the biggest contradiction I ever read.

tricky D

What happened to Due Process?

eircom: Mark

tricky D wrote: »

What happened to Due Process?

Hi tricky D,

Due process? Could you clarify your query a bit more please.

Thanks, Mark

tricky D

That people are entitled to pursue legal process if they are alleged to have broken the law as opposed to summary justice.

eircom: Mark

Pyongyang wrote: »

From the Eircom press release:


I couldn't agree more.

Your obligations to your customers clearly do not remain paramount, in particular their rights to privacy because:


[/LIST]

That's the biggest contradiction I ever read.

Hi Pyongyang.

Only certain IP address' will in regards to illegal downloading will be flagged and eircom will be notified and then eircom will notify the customer.

Customers daily usage will not be monitored or tracked by eircom.

Thanks, Mark

Pyongyang

eircom: Mark wrote: »

Hi Pyongyang.

Only certain IP address' will in regards to illegal downloading will be flagged and eircom will be notified and then eircom will notify the customer.

Customers daily usage will not be monitored or tracked by eircom.

Thanks, Mark

Thanks for the response Mark. I'm not an Eircom customer, never will be in part due this policy on filesharing. That's beside the point though.

The statement issued contradicts itself because somehow, somewhere along the line, in order to point the finger at a customer, their privacy rights will inevitably be rescinded in one fashion or another.

Hence my point that the statement released is a contradiction, no matter how large or small.

Appreciate your taking the time to respond to everyone though in such a public fashion regardless of their views being positive or negative regarding opinions on Eircom and it's business practices/ethics.

Thanks.

eircom: Mark

tricky D wrote: »

That people are entitled to pursue legal process if they are alleged to have broken the law as opposed to summary justice.

Hi tricky D,

Of course, everyone is entitled to pursue legal process if they wish. The reason we have put up the detailed posts regarding file shareing is to insure that customers are clear on eircoms position, the reasons behind it and the actions eircom will take if our customers continuously file share illegally.

So we are trying to be as clear and open with our customers from the start.

Thanks, Mark

eircom: Mark

Pyongyang wrote: »

Thanks for the response Mark. I'm not an Eircom customer, never will be in part due this policy on filesharing. That's beside the point though.

The statement issued contradicts itself because somehow, somewhere along the line, in order to point the finger at a customer, their privacy rights will inevitably be rescinded in one fashion or another.

Hence my point that the statement released is a contradiction, no matter how large or small.

Appreciate your taking the time to respond to everyone though in such a public fashion regardless of their views being positive or negative regarding opinions on Eircom and it's business practices/ethics.

Thanks.

Hi Pyongyang,

No problem, that's what we are here for. If you have any eircom related queries in the future feel free to contact us.

Thanks, Mark

Inquitus

lol Sub cancelled, UPC just moved into my area, I am about 500 bills a year richer, have a better service, and am now not subject to your draconian abuses.

Goodbye for good,

Inq

CiaranC

eircom: Mark wrote: »

the actions eircom will take if our customers continuously file share illegally.

According to who? IRMA? Are IRMA now a legal body appointed to judge whether we are "file-sharing illegally"?

The arrogance of posting this up here.

My folks have a line with Eircom, expect it be cancelled by the end of the week.

cianof

Eircom, taking the law into their own hands.

3 Strikes and you change ISP.

Has copyright stolen from the public domain?



http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

Lex iniusta non est lex

Gurgle

customers who engage in copyright infringement by way of illegal file sharing

Just curious,

How can Eircom tell that a user is file sharing in the first place?
I believe we still have privacy laws, even in Ireland.

How does Eircom determine whether a user is infringing copyright?
i.e. how do you tell illegal file sharing from legal file sharing?

-edit-
Or is this whole 'policy' just nonsence to shut the IRMA up?
Has anyone ever got the 'first warning' notice?

TouchingVirus

How do you verify the users who are alleged to have commited copyright infringement by IRMA are in fact doing just that? Or does it matter to eircom?

What benefit is it to eircom that they are seen as proactive in policing copyright infringement by imposing restrictions on internet service because I can't see any. Otherwise other ISPs would be implementing this

eircom: Ant

CiaranC wrote: »

According to who? IRMA? Are IRMA now a legal body appointed to judge whether we are "file-sharing illegally"?

The arrogance of posting this up here.

My folks have a line with Eircom, expect it be cancelled by the end of the week.

Thanks again CiaranC,

I appreciate your frustration. The above is just stating eircom's position and of course, you are entitled to your opinion. Likewise, huge artists like U2 and smaller artists like Imelda May have their own differing opinions on filesharing and music downloads.
That said, take a look at the new musichub just launched. It's got some good features - it's free to stream and way cheaper than others like itunes.
All the best
Ant

M.J.M.C

Convenient - You do a favour for them (blocking websites) and look what they do for you! (help you setup this MusicHub)

Sham for a number of reasons:

1 - I as a person will use my judgement to decide what I want / do not want to do online. Any company censoring the internet without the law behind them or with a "you scratch my back i scratch yours" operations do NOT deserve money.

2 - I hate to inform you, that an IP address does not prove a persons guilt.
Ever heard of IP spoofing? Just because an IP address is in a swarm doesn't mean the person associated with that address is guilty.
You will need to seize hard drives.

Fad

UPC were cabling the area around me recently, as soon as I can, I will switch over to them. In the hope that they are not so spineless in their operations.

M.J.M.C

Fad wrote: »

In the hope......

In the hope mate??? Nothing to worry about there.
They have backbone and sense
http://www.thejournal.ie/upc-wins-court-defence-over-three-strikes-downloading-2010-10/

CiaranC

Fad wrote: »

UPC were cabling the area around me recently, as soon as I can, I will switch over to them. In the hope that they are not so spineless in their operations.

UPC take exactly the opposite stance than Eircom, opting to protect the interest of their customers over the interests of external corporate bodies.

http://www.independent.ie/national-news/upc-scores-landmark-victory-in-illegal-downloads-case-2374221.html

tinner777

how many letters have you sent out? Anyone banned yet?

eircom: Mark

tinner777 wrote: »

how many letters have you sent out? Anyone banned yet?

Hi tinner777,

That information should between eircom and individual customers and it is not something we can post in a public forum I'm afraid.

Thanks, Mark

tinner777

hi Mark,i wasn't looking for names and addresses, just a indication of how many letters had been sent out?

eircom: Ant

Thanks again M.J.M.C,

I take on board what you say. As the main thread here, eircom's stated position is out there. If someone has any better ideas, get them out there too. They are very welcome. At the same time, eircom is standing up and I think many smaller artists, many customers, will welcome new initiatives like eircom's musichub.

Let me know if I can help with any issues relating to your eircom phoneline or broadband.
All the best
Ant

M.J.M.C wrote: »

Convenient - You do a favour for them (blocking websites) and look what they do for you! (help you setup this MusicHub)

Sham for a number of reasons:

1 - I as a person will use my judgement to decide what I want / do not want to do online. Any company censoring the internet without the law behind them or with a "you scratch my back i scratch yours" operations do NOT deserve money.

2 - I hate to inform you, that an IP address does not prove a persons guilt.
Ever heard of IP spoofing? Just because an IP address is in a swarm doesn't mean the person associated with that address is guilty.
You will need to seize hard drives.

novarock

Can you clarify who you will be relaying the IP information to? Is it just between you and the customer, or is there a third party involved? Also clarify your stance on data protection if this information is to divulged to any law enforcement outside of the Republic of Ireland.

Also, are you now no longer running DHCP, as was my impression. Surely if it is based on IP information, every customer will now have to have a statically assigned IP, and reconfigure the Netopia router. Otherwise, how can you 100% garauntee that the IP in use was in fact on my router at the time?

What is stopping anybody from manually assigning themselves another IP from the same subnet without your knowledge?

Also, I myself am not an Eircom customer, but could never be after this, its all very underhanded.

jbwan

Gurgle wrote: »

Just curious,

How can Eircom tell that a user is file sharing in the first place?
I believe we still have privacy laws, even in Ireland.

How does Eircom determine whether a user is infringing copyright?
i.e. how do you tell illegal file sharing from legal file sharing?
...

Although I don't know for sure, my guess would be that IRMA and possibly associates thereof, operate honeypot systems whereby they either pseudo-illegally share music files themselves, or dummy files posing as the genuine article, in an attempt to obtain the IP addresses of the downloading users. Once the IPs are catalogued it's a simple process to identify the provider from the IP range and send a wee letter informing them that their customers are engaging in such activity.

Regarding due process and legality Eircom just like any other seller (not just broadband sellers) can cancel service provisioning for any reason they want, it just so happens that they choose to take the side of IRMA on this. While it's impossible to argue the position because wrong is wrong regardless of your moral position, it does paint a worrying precedent in terms of what the provider is willing to do when asked by a friendly body. How many more requests will be honoured for others? All I can say is that there are plenty of ISP options in the market today, if you don't like Eircom's stance then make it known by the only mechanism proven to get a response - walk to another provider.

eircom: Mark

tinner777 wrote: »

hi Mark,i wasn't looking for names and addresses, just a indication of how many letters had been sent out?

Hi tinner777,

I'm sorry but I don't have that information.

Apologies, Mark

tricky D

eircom: Ant wrote: »

At the same time, eircom is standing up and I think many smaller artists, many customers.

I disagree that smaller artists are well served by IRMA. IRMA like to trot out that line but it ends up with you alienating your customers which is generally a bad idea. Other providers are avoiding that.

the west wing

I have a question. I was sent out one of your letters saying I downloaded a song on a date I wasn't even in my house!?!?! When I rang your customer service to query it they said I must have done it or someone else in the house did it. (The only other person in my house is my mother who doesn't even know how to switch on a computer!) What if I get a second letter saying I downloaded something else that I didn't download?? I think if I get another letter I'll leave eircom. I don't like to be accused of something I didn't do.

the west wing

Oh I meant to add that I live out in the country so I doubt it was someone else logging into my IP address. I changed the password to the wireless anyway after just in case.

eircom: Eleanor

the west wing wrote: »

I have a question. I was sent out one of your letters saying I downloaded a song on a date I wasn't even in my house!?!?! When I rang your customer service to query it they said I must have done it or someone else in the house did it. (The only other person in my house is my mother who doesn't even know how to switch on a computer!) What if I get a second letter saying I downloaded something else that I didn't download?? I think if I get another letter I'll leave eircom. I don't like to be accused of something I didn't do.

Hello, can you send me a private message with your eircom account details, also if you wish you can send in the letters you have received and we will look into this for you.

Eleanor

Lawros Tache

eircom: Ant wrote: »

take a look at the new musichub just launched. It's got some good features - it's free to stream and way cheaper than others like itunes.

Ha! No thanks.

I've already cancelled my account with eircom and switched to another provider purely & simply because of your stance on the download issue. I wont be going back and i certainly wont be checking out your new webpage.