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Irish ISP Wins Major Legal Victory Against Record Companies

An anonymous reader writes "The High Court in Dublin ruled today that there was no precedent in Irish law to force ISPs to identify and disconnect people accused of illegally downloading copyrighted files. The court case was spurred by objections to the recording industry's three-strikes system from Irish internet provider UPC. Earlier this year, Eircom, one of Ireland's other large ISPs, gave in and implemented the system, as we discussed previously. This resulted in many of the more 'technical' users leaving that ISP in droves. Nice to see an ISP willing to take a stand."

5 of 96 comments (clear)

  1. UPC... by mariushm · · Score: 5, Informative

    Just a note ... UPC is not an Irish ISP in particular ... they're also in other countries, like Romania where I am. In other countries it's called Chello but they're slowly re-branding in some: http://en.wikipedia.org/wiki/Chello

  2. Re:Economics by RapmasterT · · Score: 5, Informative

    Only if consumers have choice. In the US, were most of the country only has 1 or 2 choices for broad band services, there is no meaningful choice.

    -Rick

    Or even just 1 choice. Personally, I can get my broadband (god I hate how misused that term is) access from Comcast, or I can get a dial-up modem, that's my choices. So I'm functionally under a monopoly, if Comcast does something I don't like, like eliminating USENET service without lowering my bill, then I'm free to suck it up or do without internet.

  3. RTFA: Not a major victory -- not a victory at all by hdon · · Score: 4, Informative

    I saw this story covered at BoingBoing earlier and I have to say -- has anyone actually read this article?

    This is not a major victory. This is a temporary set-back for the record labels who wish for overreaching legal powers to stop the unstoppable.

    Here are some very meaningful excerpts from the same story covered by the Irish Times:

    "...the judge said laws were not in place in Ireland to enforce disconnections over illegal downloads... this gap in legislation meant Ireland was not complying with European law."

    "The judge made it very clear that an injunction would be morally justified but that the Irish legislature had failed in its obligation to confer on the courts the right to grant such injunctions, unlike other EU states."

    "Irish Recorded Music Association director-general Dick Doyle said his office would pressure the Government to reform the law in favour of record labels."

    RTFA

  4. Re:Economics by scot4875 · · Score: 5, Informative

    In the US however, we're much more spread out.

    Please quit spreading this misinformation. We aren't more spread out than several countries that completely kick our asses in both rural and metro internet access.

    And being spread out *still* doesn't provide any justification why there would be effective monopolies with poor service in most major metro areas.

    U.S. citizens are reamed for Internet access. Stop playing the Stockholm syndrome victim and acting as an industry apologist.

    --Jeremy

    --
    Jesus was a liberal
  5. Re:Economics by Rising+Ape · · Score: 4, Informative

    Here in the UK, BT are deploying VDSL2-based FTTC despite having to open their networks to others, with the prices they charge to others being regulated. So it can be done.