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Deutsch: Die großen Plattenfirmen haben es auf die irischen ISPs abegesehen

The big music record companies, EMI Records (Ireland), Sony Music Entertainment Ireland, Universal Music Ireland, Warner Music Ireland and WEA International Incorporated, are after the Irish ISPs trying to force them to adopt a three strikes policy against repeated illegal file-sharers.

The record companies have recently entered separate cases into Ireland's Commercial Court against BT Communications Ireland and UPC Communications Ireland after having succeeded in reaching an off-court settlement with Eircom. In February 2009, Eircom agreed to implement a three strikes rule, cutting off subscribers that have allegdly infringed copyright and blocking websites the music industry forbids, such as the Pirate Bay.

After the settlement with Eircom, the Irish Recorded Music Association (IRMA) representing the big music record companies sent a letter to other Irish ISPs threatening with court actions if they would not follow Eircom's example.

However, both companies refused to comply with the request. BT stated the deal with Eircom was just a private agreement between two independent legal parties and UPC considered the request was unacceptable as it violated its subscribers' rights and interests.

The music companies claimed that after having performed a 48-hour scan of the two ISPs' networks, their experts found BT had about 45 000 copyright infringements per month and UPC about 75 000 and therefore, IRMA was demanding injunctions against the ISPs for making copyrighted works available to the public.

The ISPs replied that although they did not support copyright infringement, they did not consider ISPs were supposed to act as internet police on behalf of the music industry.

After having received the summoning to court, UPC stated "it will not agree to a request that goes beyond what is currently provided under existing legislation. There is no basis under Irish law requiring ISPs to control, access or block the internet content its users download. In addition, the rights holders' proposal gives rise to serious concerns for data privacy and consumer contract law." In the company's opinion, the European as well and Irish legislation "maintains a careful balance between the rights and obligations of copyright owners, internet users and ISPs. The three strikes policy that was agreed in private with Eircom as part of the settlement, and any attempt to impose in upon the industry generally, seriously undermines that balance."

"BT Ireland believes there is no legal basis for such a claim and the proceedings will accordingly be strongly defended," was BT's clear and brief statement on the case.

The Music Industry v. ISPs - Round 2 - UPC and BT vow to fight (2.07.2009)
http://www.tjmcintyre.com/2009/07/music-industry-v-isps-round-2-upc-an...

Music labels take (more) Irish ISPs to court (7.07.2009)
http://www.theregister.co.uk/2009/07/07/irma_sues_bt_and_upc_ireland/

UPC gets served with legal papers from big music labels (1.07.2009)
http://www.yourtechstuff.com/techwire/2009/07/upc-gets-served-with-leg...

Record firms take downloading action (7.07.2009)
http://www.irishtimes.com/newspaper/ireland/2009/0707/1224250171829.ht...

EDRI-gram: Irish ISP Association rejects the copyright industry threats (25.03.2009)
http://www.edri.org/edri-gram/number7.6/irish-isp-against-copyright-ho...