Irish ISPs facing litigation to force graduated response

22 June 2009 - Ireland's second largest ISP BT Ireland and largest cable operator UPC Communications Ireland, are facing legal proceedings from the four major music labels to force them to introduce a graduated response policy against illegal file-sharers. The news follows an out-of-court settlement in January between largest ISP Eircom and the labels - represented by industry body IRMA - which agreed to introduce a "three-strike" scheme for persistent copyright infringers.

Although proceedings were issued in the High Court last week, legal papers have not been served on either ISP.

A spokeswoman for UPC said the firm "has made its position clear from the outset - it will not agree to a request that goes beyond what is currently provided under existing legislation". She added: "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." UPC proposed to IRMA that a "stakeholder forum" be formed between ISPs, the Data Protection Commission, the National Consumer Agency and relevant government departments to find an alternative solution but IRMA rejected this.

Under the agreement reached with Eircom, investigators working for the major labels pass on the details of Eircom users sharing copyrighted material. Eircom then contacts the customer and asks him to stop. If the same customer is spotted sharing copyrighted music a second time, he receives a formal warning. The third time he is detected, his account is terminated and he is cut off from the Internet. IRMA and Eircom are having ongoing discussions about exactly how the scheme will be implemented on a technical level. As a result, no Eircom customers have been disconnected to date.