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Ireland's Largest ISP Settles With Record Industry

An anonymous reader writes "In what has been billed as a world first, four music companies and Irish ISP Eircom have agreed to work together to end illegal music downloading. The Irish branches of the record companies (EMI Records Ltd, Sony BMG Music Entertainment Ltd, Universal Music Ltd and Warner Music Ltd.) brought a High Court action against Eircom last March which has resulted in this settlement after eight days of trial. Eircom will be implementing a three-step process — informing a subscriber that their IP address has been detected infringing copyright; warning the subscriber that if they do not stop they will be disconnected; and finally disconnecting the user if they fail to heed the warning. Which technology they will be using to spy on their customers is currently unknown. EMI and the other record companies have recommended US-based Audible Magic, which (among other things) claims to block copyright violating web content from sites like Youtube and MySpace. However, digital surveillance is nothing new in Ireland and Eircom may have already tested and implemented the necessary technologies."

29 of 222 comments (clear)

  1. Let' see how fast they will run out of customers by egnop · · Score: 4, Insightful

    Since they probably will go disconnecting people very soon. And that will end up getting another ISP to get connected again.

  2. A comparison by peterprior · · Score: 5, Insightful

    I wonder how people would react if the postal service were allowed to hold envelopes up to a light, say "theres a CD in there which could have illegally copied copyrighted data on it!" and then after doing that 3 times, stop all mail to your house without having to provide any actual evidence or give you a chance to prove your innocence.

    1. Re:A comparison by elrous0 · · Score: 4, Insightful

      I'm sure a lot of people are going to respond to this comment with "But ISP's are private entities, not the government postal service." But the harsh fact is that most people have little more choice in their ISP's than they do in their postal service. Most people are like me. I have a grand total of two options if I want a broadband internet connection: AT&T's DSL service and Comcast's cable service. So basically, I can't anymore just "take my business elsewhere" (if I got banned for alleged piracy) than I could with the postal service. Getting banned from these two private entities would effectively cut me off from the internet permanently, with no recourse. That's pretty serious business in an age where your very livelihood can depend on the internet (particularly if you're a techie like me).

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:A comparison by VEGETA_GT · · Score: 4, Interesting

      This is where I like to point out there are also loads of false positives. Great example is me, over past few months I have gotten 3 letter saying I have downloaded movies on the eDonkey network, even listing the specific movies. Fine except I am the only one in my house who uses eDonkey and I know for a fact that I did not download that content they specified especially since 10 feet form the computer are at least 2 of the 3 dvds for the content specified. now in Canada they really don't do anything else, Rogers just forwards on the e mails and that's about it.

      so with all these 3 strikes and you are out crap, I would not not have net access for actually not only not downloading content but for buying the DVD's. There are so many simple ways of avoiding these things of laying blame on others like spoofing ip's and then there are ways around it liek encription and proxies. so really when will they stop this kind of crap and find better ways to deal with the issues, Like servers set up for blanked non DRM subscriptions where I can download all I want for a monthly fee or some other method that would work. And get over the fact no matter what you do downloading content is not going away, you are just making people come up with new solutions to your issues and there are more people trying to get around the issues then make them. O and ya don't forget we still see record sales of dvd's/movies and music is growing online downloading in leaps and bounds so you can't tell me you are not making cash.

      SCO is finely dyeing off why cant the RIAA and equivalent news

    3. Re:A comparison by furby076 · · Score: 2, Insightful

      Well - this isn't a court of law it is a business. If they want to stop servicing you they have a right to do so. They do have evidence, they have trace logs. Yes someone may spoof you, hack you, etc - but I am sure that is a fairly small percentage. I would think that pirates, on average, are a bit more computer savvy about virus programs, firewalls, etc. While there are many idiots out there when it comes to this (my brother) it is a small percentage.

      A letter in your mailbox saying "we know that you d/l'ed XYZ file at 123 time using IP ##, cease and desist" is pretty compeling. I have gotten these from Comcast and they were always spot on. I never received a letter I did not deserve. Then again, I didn't care. It was TV shows that comcasts DVR box failed to record even though it recorded the previous show in that tv series.

      If you think there will be an exodus from this company you are mistaken. First this company may have a local monopoly, or be heads and shoulders better then there competition (for example I hate comcast, but my options or cable highspeed or DSL....I need the speed so I stick with cable). Second most people don't pirate - most go online check their e-mail, surf sites, and maybe play soduku online.

      So this company is doing what they feel is correct for their business model.

      Personally I think it is crappy, and I am willing to bet this "spying" will cause some network lag - but if you want the RIAA to get off our lawn then we need to stop downloading their content and stop buying their content.

      --

      I do not support "The Man". I also do not support your irrational stupidity
    4. Re:A comparison by Jurily · · Score: 5, Informative

      Then don't download pirated content and you should be fine.

      Oh really? Where exactly does TFA say you have to actually download anything to get disconnected?

      But this agreement now denies Eircom's own customers all future access to due process when accused of infringement. All that is needed to terminate an Internet connection is three accusations from a narrow set of third-party companies.

    5. Re:A comparison by Jurily · · Score: 2

      Are you just a plain old moron? The RIAA is not targetting someone who is surfing porn sites, they are targetting people who are downloading music they represent. They could careless if you download a song that your cousin created in his garage, they do care if you download Metallica's songs.

      Based on this deal, they could just make up some IP numbers, and disconnect people randomly.

      As for what they want or what they care about, it really doesn't matter if they have this kind of power over anyone.

      Google "RIAA sues dead", and think about it.

  3. Re:Wait a minute.. by AlterRNow · · Score: 2, Funny
    On another note, shouldn't the IP address be punished for infringing copyright, not the subscriber?

    Darn those thieving IP addresses *shakes fist*

    --
    The disappearing pencil trick. Let me show you it.
  4. It's all a red herring by yttrstein · · Score: 3, Insightful

    Watch how fast https becomes ubiquitous. When everyone is encrypting everything, the RIAA will be utterly powerless.

    As they already are when it comes to any encrypted connection to any number of swarms or usenet servers.

    1. Re:It's all a red herring by Yacoby · · Score: 5, Interesting

      Watch how fast https becomes ubiquitous. When everyone is encrypting everything, the RIAA will be utterly powerless.

      Wait until people go back to swapping data on disks.

      Uploading a music collection onto a 16 Flash drive and downloading it at a friends house doesn't take very long, and transfers many thousands of tracks. I doubt the record industry is ever going to stop that.

      It is all moot anyway, as in 20 years time, the people who grew up pirating music will be in Government.

    2. Re:It's all a red herring by gad_zuki! · · Score: 2, Insightful

      Not really. They join existing torrents and simply log all the IPs attempting to download from their seeders. The transport may be encrypted but youre talking to them asking them "Hello there sir, can I have piece 5949 of 'Metallica-Discography.rar.'" Blammo your ISP sends you a letter.

      I doubt everyone will move to private trackers. In fact, I doubt they mind private trackers very much. Its impossible to stop the motivated and technically informed, but the harder it is for Joe Average to get music the better.

      Now, if ISPs could use this technology to detect and take botnet members offline, we might have something good going on here.

  5. Re:Let' see how fast they will run out of customer by commodore64_love · · Score: 4, Insightful

    I hope you're right. The fact the Eircom rolled-over in just 8 days demonstrates that these companies have no interest in protecting our rights. For them it's all about the money, and they obviously took the cheapest route of not fighting.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  6. Re:Let' see how fast they will run out of customer by ionix5891 · · Score: 4, Interesting

    Good thing then that their wireless passwords for the routers they give out are easy to crack

    http://taint.org/2007/10/01/185837a.html

  7. Re:What about fair use? by oahazmatt · · Score: 4, Funny

    Whatever happened to free culture on the internet?

    It wasn't profitable.

    --
    Those who believe the Internet is private,
    find their privates are on the Internet.
  8. Re:Let' see how fast they will run out of customer by Anonymous+Brave+Guy · · Score: 5, Insightful

    The fact the Eircom rolled-over in just 8 days demonstrates that these companies have no interest in protecting our rights. For them it's all about the money

    Of course it is. It is not a company's job to protect your rights. A company's main purpose is to make money for its shareholders.

    Laws are what are supposed to protect your rights, because that company has to operate within the law. If the company's actions are an abuse, then the law should be changed (or enforced) so that this does not happen.

    Of course, I'm assuming you were referring to legitimate privacy rights here, not to a non-existent right to download material in breach of copyright.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  9. This is awesome! by Anonymous Coward · · Score: 4, Insightful

    Think about it. The ISP is saying they are responsible for the content on their network. Now you can sue your ISP for wasting your resources on SPAM (especially all the illegal stuff).

    Or anything else like if your underage kid views porn. Oops, ISP you should have blocked that!

    Or somebody posts untrue comments about you in a forum from one of these ISP's. Forget about trying to find the person doing it, that's expensive and hard. Just sue the ISP into the ground!

    (same goes for Comcast and all those other companies that signed up to monitor their network; they can kiss their neutrality goodbye because now they are liable!)

  10. I've just cancelled my Eircom order by haggisbrain · · Score: 3, Interesting

    I moved to Ireland last week and placed an order with Eircom for broadband. After reading this story earlier today I decided to have another look around for an ISP in my area. I found one, placed an order with them and cancelled my Eircom order. It's not that I want to download copyrighted material, it's just that having a home broadband connection is just far too important to trust the "evidence" of these record companies.

  11. RIAA vs IRA by Hognoxious · · Score: 5, Funny

    Q: What's the difference between the RIAA and the IRA?

    A: One of them used to be a bunch of terrorists.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  12. One Checkbox by ObsessiveMathsFreak · · Score: 2, Interesting

    Forget Freenet. Most Bittorrent clients have a checkbox in the options somewhere that routes traffic through the Tor Network. This measure is going nowhere.

    --
    May the Maths Be with you!
  13. Good luck Ireland, time to call the ACLU in U.S. by mlwmohawk · · Score: 2, Insightful

    If this mode of operation were to come to the U.S.A. we should hope the ACLU and EFF challenge it. Here is why:

    More and more, the internet is being used as an access gateway to the government in order to participate as citizens. Removing this access without due process would certainly be actionable.

    Corporations MUST NOT be allowed to be judge/jury/executioner for citizens. There must be due process and a jury of peers for any such action.

  14. Re:Let' see how fast they will run out of customer by dmoo · · Score: 2, Interesting

    Because its not as if there is any chance of some one using your average joe's default wireless router supplied by eircom other than the owner is it?? http://www.theregister.co.uk/2007/10/02/eircom_wireless_security_flaw/

  15. Re:Let' see how fast they will run out of customer by JesseMcDonald · · Score: 2, Interesting

    Of course, I'm assuming you were referring to legitimate privacy rights here, not to a non-existent right to download material in breach of copyright.

    The right to act in any way which does not cause harm to others is far more substantial than any so-called "privacy right", recent attempts to undermine real rights in favor of exclusive copyright privileges notwithstanding.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  16. Re:Freedom by MightyYar · · Score: 3, Funny

    Ireland: we put the "no" in "technology".

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  17. Re:Let' see how fast they will run out of customer by cliffski · · Score: 2, Insightful

    Ah I see. so if you pirate all your digital entertainment from now until the end of time, and everyone acts like you, there will be fuck-all impact on the jobs of people working that industry and thus it doesn't affect anyone?

    Or do you only care if your actions affect people you know personally?
    Nice attitude.

    --
    DRM-free indie games for the PC and Mac: Positech Games
  18. Re:Freedom by hierophanta · · Score: 2, Interesting

    which is even more funny if you consider the etymology of technology. (basically comes across as 'no logic')

  19. Re:botnet by Natetheinfamous · · Score: 2, Interesting

    Wait... Here's an idea: we hijack the botnets and Make them download pirated songs, thus, the RIAA becomes overloaded with work, the ISPs decide it's not worth it, but not until after large chunks of the botnets get kicked off by their ISPs for infringement. It's like killing 3 birds with one stone!

    --
    "To invent, you need a good imagination and a pile of junk." - Thomas A. Edison
  20. Re:Let' see how fast they will run out of customer by Anonymous+Brave+Guy · · Score: 2, Insightful

    Really? Keep your word. Swap a fair day's work for a fair day's pay. Look after those you love. Never stop learning. Do unto others as you would have done unto you. Be polite. Is it so hard to think of honest, decent behaviour these days? That's very sad.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  21. Re:Let' see how fast they will run out of customer by Karem+Lore · · Score: 2, Insightful

    Which is why the "people" should hit them where it hurts...stop buying music...Stop it...completely...no music purchase means no budget for combatting piracy...no music companies...no problem. I say that we need to organise, online, a mass protest...For 2 months (or more), agree to not purchase music...make it a cult...hit it where it hurts...their bottom line...Start buying music from the artist rather than the industry...

    --
    When all is said and done, nothing changes...
  22. Re:Let' see how fast they will run out of customer by Dragonslicer · · Score: 2, Funny

    Is it so hard to think of honest, decent behaviour these days?

    You don't leave the basement much, do you?