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Irish ISP Wins Major Legal Victory Against Record Companies

Posted by Soulskill on from the just-say-no dept.

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."

13 of 96 comments (clear)

  1. Economics by Nidi62 · · Score: 3, Insightful

    And people here say the economy doesn't fix itself when corporations do things consumers don't like.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    1. Re:Economics by RingDev · · Score: 5, Insightful

      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

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    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. Re:Economics by Lumpy · · Score: 5, Insightful

      Satellite is not really broadband. Anyone who has had to live with it for more than a day will agree to this.

      Most of the united states has 0 to 1 choices for broadband, large swaths of this country has ZERO broadband accessibility. By geographical square meters, most of the USA has no connectivity other than Dial up or Satellite.

      Based on population, it's still dismal. I know people in NYC that cant get broadband. CableTV Broadband wont work, and DSL wont work as the building has wires from 1907, or were half assed and can not carry what is needed. They can watch low channel cable TV, but the RG59 30% shield garbage installed by the lowest bidder in the late 80's just wont cut it. And the phone wires are as bad or worse.

      That's the problem in the United states... Companies whine about letting competition use "their" wires, while ignoring the fact that they took Public money to build those wires. Corporations here like to believe that any public funds for telecommunications are a free gift to their shareholders.

      --
      Do not look at laser with remaining good eye.
    4. Re:Economics by Anonymous Coward · · Score: 4, Insightful

      Same old rubbish US wahwahwah excuse. No one is talking about US broadband covering every single inch of the land. Any decent size city can have dozens of ISPs, but they don't. We still have the silly system of local authorities giving companies local monopolies rather than having them compete. We have companies blocking municipalities from installing their own infrastructure, and winning, thanks to legal delaying tactics. Only when we stop this bullshit will we get competition and better service, with customers having the ability to choose from various suppliers instead of 1 DSL, 1 cable, and if they're lucky, FiOS.

    5. 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
    6. Re:Economics by sjames · · Score: 5, Insightful

      So you're claiming that as long as it is in theory possible to pay a gadzillion bucks you don't have there is a market choice?

      By that theory, government isn't a monopoly either. I COULD in theory hire the world's largest mercenary army to topple it and install my own.

      I could also point out that a T1 is NOT consumer broadband at all.

    7. 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.

  2. Now why is it by Moryath · · Score: 4, Interesting

    that the only sane people seem to be in other countries? In the US, the normal people get trodden on all over the place, the idea of a "choice" of ISP is a joke, and despite the prohibition on ex post facto laws, the Supreme Court ruled that a bought-off Congress could keep extending "copyright term" ad infinitum - even setting it to a "million bajillion" years if they felt like it.

     

  3. As a UPC customer by Gopher971 · · Score: 4, Interesting

    I'm delighted with the stand they are taking. I was previously with Eircom and was one of the thousands who left when they caved into IMRO. While I woldn't case myself as purer than pure, I do frequently download iso's for various Linux distributions.

    As an aside, I've found UPC to be a much superior ISP, with great customer service, not like the bad old days of NTL.

    --
    Just you're average nitpicker.
  4. 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

  5. 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

  6. Re:Bullcrap by Nadaka · · Score: 4, Insightful

    The density argument is also bullshit. With a the exception of a few ultra dense asian cities, US cities are no more or less dense than similar sized cities around the world. And we still have high priced crappy service with mono|duo-polies is those markets as well.