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  • irishtimes.com - Posted: January 28, 2009 @ 7:12 pm

    Eircom and Irish record labels settle action

    Jim Carroll

    Full story here. This is the action which began in March 2008.

    Per Irish Times breaking news report, “both parties have agreed to work closely together and on a joint approach aimed at ending ‘the abuse of the internet by P2P (peer to peer) copyright infringers’.

    “The approach involved the companies – EMI, Sony, Universal and Warner – providing Eircom with the IP addresses of all persons whom they detected to be illegally uploading or downloading copyright works on a peer to peer basis.

    “Eircom has agreed measures which include the ultimate disconnection of infringing subscribers who ignore warnings to cease such infringement”.

    This report also contains a comment from Willie Kavanagh, chairman of EMI Records and of the Irish Recorded Music Association (IRMA), saying he expects other ISPs to follow Eircom’s example.

    UPDATE Report from Adrian Weckler with quote from Eircom

    UPDATE 2 John Collins and Mary Carolan’s piece in today’s paper has a quote from Ronan Lupton, chairman of Alto, the group which represents telecoms operators other than Eircom, saying the agreement “is not one enforceable on the rest of the industry given the direct nature of the action against Eircom”.

    (Original RTE report here)

  • 53 Comments

    1.
    January 28, 2009
    7:23 pm

    Jim,
    It took a whole seven minutes to get your post up after it appeared on the RTE website. How come the delay?

    Comment by Brian
    2.
    January 28, 2009
    7:25 pm

    How come the delay?

    Brian – Huh? Don’t understand your question

    Comment by Jim Carroll
    3.
    January 28, 2009
    7:28 pm

    just another reason to move ISP from Eircom..

    Comment by Liam
    4.
    January 28, 2009
    7:31 pm

    Liam – I’m sure you are not alone in thinking that but I’m also sure the labels will now move against other ISPs.

    It provokes loads of questions – like, is this just P2Ps? What about Rapidshare, Mega Upload etc? Just how will this be policed? Does this mean loads of work for Web Sherrif? Once I find more details on what the settlement will actually mean in effect, I’ll post them above

    Comment by Jim Carroll
    5.
    January 28, 2009
    7:41 pm

    well, if the record companies are going hunting for IP addresses then they’ll be at it a long time…
    whatever they say/try to do now, it’s far too late – they should have engaged with the internet in the beginning rather than waging a long, costly, and ultimately futile legal war..
    still, should bump the lawyers out of recession anyhow..

    Comment by Liam
    6.
    January 28, 2009
    8:01 pm

    party’s over lads – back to hmv with yis

    Comment by Leigh O'Gorman
    7.
    January 28, 2009
    8:12 pm

    whatever they say/try to do now, it’s far too late – they should have engaged with the internet in the beginning rather than waging a long, costly, and ultimately futile legal war..

    Totally. History will record that the reason the labels didn’t do so was because they were still enjoying windfall profits from the CD splurge and didn’t want to engage with – or try to understand – what the telecoms and tech companies were trying to tell them. Then, when it became clear to all that the internet was not a fad, they did what Mega Inc companies always do in these situations and sent in the legal eagles. Wonder how many thousands of little legal eagles have had their college fees paid on the back of record business fees?

    Comment by Jim Carroll
    8.
    January 28, 2009
    9:57 pm

    So basically, because Eircom went advertising on torrent sites etc. (where there’s a high proportion of traffic mind you), the record companies had em by the balls. They had little choice but to settle or else they would have been haemmoraging money to the lawyers required to defend the case. Money they cannot afford given the renewed pressure they are coming under from the increased competition in the market that the likes of Smart and UPC are bringing.

    In addition, they will come under even more financial pressure in the coming months from Big Brian and the boys because they haven’t got their act together in bringing broadband to rural areas – merely compounding their lack of appetite for a legal fight that they compromised themselves in severely.

    The record companies saw an angle on it, and exploited it. Although those companies reckon they’ll get the same deal out of other providers, i’m not so sure. Especially in the case of UPC, owing to their multinational status.

    How does this decision fit in with other/similar cases worldwide Jim? Is it a first? Do you think that the record companies will push for this in other countries? Will other ISP’s be so quick to sell out their customers?

    On the way Eircom will handle it, if you were to get cut off by them for illegal downloading, would you then be liable for damages off the record company? Criminal charges? Will you be able to just sign up to another ISP? Will there need to be background checks?

    This thing is a minefield….

    Comment by Liam
    9.
    January 28, 2009
    10:14 pm

    A few questions if anyone could help out,

    How and where are the record companies getting the ip address’s of these supposed file sharers.
    Do I have some sort of legal contract with eircom if I have a broadband contract with them? Can they give my ip

    address to anyone who brings a court case?
    I suspect and may be wrong but this case ain’t over by a long shot.
    Willie or dick or whatever from irma deserves a meteor of some sort maybe as person most out of touch and likely to alienate.

    Roll on the court cases.

    Comment by Check
    10.
    January 28, 2009
    10:32 pm

    Brian – Huh? Don’t understand your question

    Sorry, twas only a poor attempt at sarcasm. Your efficiency is to be applauded, honestly.

    Comment by Brian
    11.
    January 29, 2009
    8:22 am

    A friend of mine in the business was saying that the IP addresses identified are only a tiny fraction of the huge population of illegal file sharers. It has the same effect of a tiger chasing after a thousand wildebeest and only coming away with the slowest and lamest one.

    Comment by Peter81
    12.
    January 29, 2009
    9:23 am

    I really think, as people have pointed out above, that this story is just beginning. The record labels appear to be just targeting file-sharers because that’s what’s where they think the biggest threat is coming from.

    A lot of the questions posed above are unanswerable at present because there’s so little detail out there and we probably won’t know what’s going on until the first actions are taken. I’ve read some horribly misinformed comments online about this, with some eejits thinking that eircom are going to be handing IP addresses over wholesale to the labels. WTF? Talk about getting the wrong end of the stick.

    Anyway, some interesting quotes from other ISPs in this morning’s piece by John Collins and Mary Carolan – http://www.irishtimes.com/newspaper/frontpage/2009/0129/1232923373331.html

    Comment by Jim Carroll
    13.
    January 29, 2009
    9:40 am

    Out of interest, it’s not just Ireland where this is becoming a major issue. There seems to be similar moves happening elsewhere, quoting from Digital Music Report 2009 by the IFPI

    “In France the government continues to set
    the pace in introducing legislation to require
    concrete steps by ISPs to encourage legal
    music consumption and deter piracy.

    In July 2008 the UK
    government brokered a joint ‘Memorandum
    of Understanding’ between the recording
    and film industries and the UK’s six largest
    ISPs, binding the parties to work to achieve a
    significant reduction in unauthorised file-sharing.

    The UK and French plans are
    being watched closely in Europe: in December
    2008 the Italian Parliament adopted a resolution
    to follow other initiatives in Europe to step
    up cooperation by ISPs in curbing piracy.

    In February 2009 New Zealand will start
    operating a graduated response system
    following enactment of a law in April 2008
    requiring ISPs to adopt and reasonably
    implement a policy of terminating the
    accounts of repeat infringers.

    In Australia the Minister for Broadband,
    communications and the digital economy,
    Stephen Conroy, interviewed on national
    television, said illegal file-sharing has
    “decimated the music industry” and would
    do the same to film and other sectors unless
    there are “significant changes”. He added:
    “The so-called three strikes legislation has
    been talked about in Australia and we’re
    watching closely what’s happening in
    France and the UK and we’re considering
    what we can do to support intellectual
    property rights. People will change their
    behaviour if there’s an economic cost.”

    The momentum in favour of ISP cooperation
    has reached Asia as well. In April 2008 in
    Japan, a consortium of ISP, music and
    film trade associations was established to
    agree measures against copyright abuse on
    Japan’s chief ISP network. The national police
    and senior government representatives are
    observers on the consortium. ISP actions to
    notify infringers and terminate the accounts of
    repeat offenders are on the agenda. The Hong
    Kong government launched a discussion
    forum between content industries and ISPs in
    2008 and has said it is prepared to legislate
    if necessary. In South Korea the government
    has issued for consultation a draft law
    introducing a system of graduated sanctions
    against online infringement, including
    terminating the accounts of repeat offenders.”

    Comment by Sean D
    14.
    January 29, 2009
    10:03 am

    Lots of complexeties will arise through this; cans of worms aplenty…

    In public wi-fi areas, what happens? Will these be shutdown? If you download music in your local library or an internet cafe or on a university computer with a shared IP?

    Comment by flynnduism
    15.
    January 29, 2009
    10:35 am

    Re: France, the government is trying to bring in legislation whereby ‘offenders’ will have their internet access cut off. The measure passed through the French Senate and is due to be debated in the Assembly (equivalent of the Dail or Commons) in March. But this would contravene a European Parliament decision which outlaws cutting off an individual’s internet access. However, France is lobbying to have that ruling overturned.
    http://euobserver.com/871/27026

    Comment by aidan
    16.
    January 29, 2009
    10:44 am

    From the report:

    It is also understood some other providers do not have the technical ability to monitor peer to peer traffic.

    I see an easy and successful advertising campaign developing for these ISPs

    the record companies will supply Eircom with the IP addresses of all persons who they detect illegally uploading or downloading copyright works.

    How do record companies get this info?

    And @flynnduism, good point indeed.

    Comment by adam
    17.
    January 29, 2009
    10:46 am

    @Check

    The record companies hire agencies like BayTSP to examine torrents, and grab the IPs of those distributing them. They can then loop up those addresses and determine the ISP, and fire off a letter.

    At no point do Eircom or any ISP give IP addresses to the record companies. This would be a breach of data privacy laws, because in many cases your IP address is personally identifying. If a court case was brought, I don’t know what the story is.

    And yes, if you have broadband contract with Eircom, that’s a legal contract. If you break the terms and conditions, same as if you stopped paying, they can take action against you.

    Comment by brianmc
    18.
    January 29, 2009
    10:57 am

    A different angle on the whole thing

    I was watching Watchdog a couple of weeks ago and there was a piece about collection agencies on behalf of Media companies,sending summonses to people for downloading movies (in this case) .They had the wrong people but what they found was that the people in question had not secured their wireless network and people were piggybacking their service from outside the house/apartment..downloading away happy as larry

    The owner of the Account is liable to pay for any illegal download that occurs on their IP.

    Moral of the story 1 is,They are taking individuals to court.

    2: secure your wireless router or you could end up with a threatning letter

    Comment by Fill3rup
    19.
    January 29, 2009
    11:00 am

    Just how effective are operations like BayTSP? Are they the same ones who the RIAA would have used where they ended up sueing OAPs and 12 year old kids? I assume they make mistakes like everyone?

    And, as the Ars Technica report linked to above asks, will the end user have a right of reply before Eircom get busy with the clippers? Three strikes and you’re out – it’s like penalty points for downloaders. Imagine getting penalty points for d/l-ing the White Lies album.

    Comment by Jim Carroll
    20.
    January 29, 2009
    11:02 am

    Will the fact that Eircom lease their lines to most or all of the other ISPs (wired at least) affect how widespread this may become?

    Also what smaller labels do EMI, Sony, Universal and Warner own? I sure as hell could live without the shite they put out under those names.

    Comment by Void
    21.
    January 29, 2009
    11:02 am

    It provokes loads of questions – like, is this just P2Ps? What about Rapidshare, Mega Upload etc?

    That would be my question too Jim. I’ve no idea how they can monitor material being downloaded from these types of servers. It’s so easy to rename files so that the link names bear no relation to the material inside. In this case, how are Eircom going to know what you’re downloading?

    Comment by John
    22.
    January 29, 2009
    11:05 am

    Void – very good point. Or is it the case that someone with a leased line with have that service provider’s name on their IP address? Any techies reading this care to help?

    John – I think, from my reading of things to date, that they are just after the file-sharers and P2P users

    Comment by Jim Carroll
    23.
    January 29, 2009
    11:05 am

    @Jim Just how effective are operations like BayTSP?

    Not very. See http://torrentfreak.com/study-reveals-reckless-anti-piracy-antics-080605/

    “They managed to receive hundreds of infringement notices addressed to a networked printer.”

    Comment by brianmc
    24.
    January 29, 2009
    11:07 am

    Well that’s good news then.

    Comment by John
    25.
    January 29, 2009
    11:09 am

    “They managed to receive hundreds of infringement notices addressed to a networked printer.”

    They should get a Meteor for that

    Comment by Jim Carroll
    26.
    January 29, 2009
    11:10 am

    Jim @ 19

    What a ridiculous comment. Who in their right mind would be downloading the White Lies album in the first place?

    Comment by James D
    27.
    January 29, 2009
    11:11 am

    Are torrents P2P though? Or is P2P simply the likes of Limewire, Napster ect.

    Comment by Sean D
    28.
    January 29, 2009
    11:11 am

    Kiss goodbye to all that good American television you may or not have been watching for the last few years, often the day after episodes have been broadcast across the water…I’m sure no-one who reads this blog knows anything about this though..ahem..

    Comment by adam
    29.
    January 29, 2009
    11:17 am

    James D – ;-)

    Sean D – the devil is in the detail and details on this are very sketchy right now

    adam – why? surely the Big 4 are only interested in music on P2P networks? They’d never use this ruling to allow their parent companies do some knuckle-dusting on people who are using P2P to get a heads up on 30 Rock or Mad Men or My Name Is Earl….. oh.

    Comment by Jim Carroll
    30.
    January 29, 2009
    11:19 am

    I for one will be cancelling my subscription to Eircom BB. In fairness was only lethargy keeping me from doing it up to now (been meaning to go cable BB anyway) but will be telling them this issue is a direct catalyst.

    Comment by Tom Ennis
    31.
    January 29, 2009
    11:26 am

    Abort abort :0
    I suddenly feel like Matthew Broderick in War Games.
    We’re in over our heads!

    Comment by adam
    32.
    January 29, 2009
    11:27 am

    In fairness I didn’t download much music to begin with but do download movies and tv shows. My personal attitude to that though is that I go to the cinema more than the average person and still pay for digital tv, so the content providers aren’t losing out. It’s a point rarely acknowledged by the industry- each pirated song/film/show does not equate to same number of lost sales or even that downloading can create demand down the line

    Comment by Tom Ennis
    33.
    January 29, 2009
    11:46 am

    @22 – phew! No need to cancel that rapidshare account yet then.

    Comment by Hot Lunch
    34.
    January 29, 2009
    11:50 am

    NTL and Smart Telecom must be loving all this, I can see an exodus from Eircom. As Tom said above, it’s only been laziness stopping me from doing it before. I’ve been paying €45 a month for 3mb (they were supposed to up it to 6 but mine never was) when NTL is €32 for 10Mb

    Comment by Paul
    35.
    January 29, 2009
    11:52 am

    NTL is how much? And how reliable are they? I’ve had a fear of switching providers ever since Smart went belly-up but that price seems crazy good

    Comment by Jim Carroll
    36.
    January 29, 2009
    11:59 am

    €32 for 10mb ?! Bye Bye Eircom.

    Comment by Sean D
    37.
    January 29, 2009
    12:03 pm

    Anyone know if IP blocking software, such as HideIP, will be effective against this ???

    Comment by Joe
    38.
    January 29, 2009
    12:08 pm

    It’s only a matter of time before the same agreement is reached with the other ISPs though. While this agreement isn’t quite a legal precedent, it will probably define the future relationships between Irish ISPs and the music industry.

    Comment by brianmc
    39.
    January 29, 2009
    12:17 pm

    NTL is great but some areas do not have the cables upgraded to provide broadband, i.e., the last two areas I’ve lived.

    Comment by adam
    40.
    January 29, 2009
    12:40 pm

    @35
    Been with Smart 4 years now and not a hiccup.

    Well no actually, 1 mate did try call my landline once, that time Eircom cut them off, but that was a slight miracle seeing as i probably have 3 friends know the number and the thing’s never used.

    Comment by Void
    41.
    January 29, 2009
    1:18 pm

    Bear in mind as well Jim, cable BB doesn’t require a phoneline, hence no line rental, so saving is even better. NTL does have a slightly bad rep when it comes to service but if you get even half the speed offered, still a bargain.

    Comment by Tom Ennis
    42.
    January 29, 2009
    1:49 pm

    There was a case on Watchdog a month or so ago about two people in London who were served with summonses (is that even a word?) from a solicitor’s office (not a crap one, a well-known one in the UK) saying they were due in court for uploading games – the accusation was based on their IP address.

    Only thing was, these people had concrete proof (plus their computers were examined, etc) that they did no such thing.

    Hope people in Ireland don’t start getting pulled up over illegally uploading things they don’t even own…

    Comment by sweetoblivion
    43.
    January 29, 2009
    1:55 pm

    I head John Collins (Irish Times journalist) on Morning Ireland this morning. Apparently the deal includes a promise by the music companies to cut a similar deal with other ISPs.

    What isn’t clear ( to me) is how do you identify a music download ? If it’s by file extension, then would a rename of the extension get around that.

    If they’re tracking all torrents, then there’ll be more than a few LINUX heads getting agitated about not being able to access distros.

    If they’re identifying users by IP address, then will IP spoofing ebcome the new new thing ?

    Comment by TarfHead
    44.
    January 29, 2009
    4:08 pm

    Here’s the latest from the BBC website from today on the subject…

    http://news.bbc.co.uk/1/hi/technology/7854494.stm

    Comment by James D
    45.
    January 29, 2009
    4:37 pm

    thanks for the link Jim!

    The biggest problem I can see is that there doesn’t appear to be any penalty if the record companies make incorrect allegations against Eircom customers and get them disconnected — and going by MediaSentry’s performance in the past, there will be lots of incorrect allegations flying about.

    It’s going to get messier…

    Comment by Justin Mason
    46.
    January 29, 2009
    4:45 pm

    The record companies do the tracking – presumable by putting up albums by their artists onto torrent sites and then they hand those IP addresses that share them over to Eircom. That is the only way I see this can be done. So as long as you stay away from those record labels you should be ok.

    The trick there is that if you were just leeching and not sharing with others then the labels are essentially the ones doing the sharing – and entrapping downloaders by waving albums at them on torrent sites.

    Comment by dave
    47.
    January 29, 2009
    4:49 pm

    Justin – I wonder has anyone from the National Consumer Association anything to say on this? I also don’t think eircom will be happy to go around cutting people off and finding out afterwards that the labels made a mistake.

    Dave – I’m sure some smart legal eagle could claim entrapment if the music labels put out a honey-pot like that – or am I watching too much Law & Order?

    Comment by Jim Carroll
    48.
    January 30, 2009
    3:53 am

    Someone I know said they got a letter from Eircom this morning warning them.

    Comment by B
    49.
    January 30, 2009
    1:52 pm

    B? you serious? that was fast. I would love to see the content. Sure maybe I’ll get one myself!

    Comment by Sean D
    50.
    January 31, 2009
    2:10 pm

    @35
    Jim,
    I’ve been with Smart since last September because I was sick of UTV blaming Eircom’s work on “upgrading” the exchange, changing over to interleaving etc. I was paying €26 for 3Mb (although I usually got 4Mb) and Smart were offering 8Mb for €25. I usually get between 6 and just under 8Mb. The service is very good and I haven’t yet had a problem (touch wood).
    I wouldn’t say they’ve gone belly up.

    I don’t suppose that Smart will hold out against EMI, IRMA et al for very long if they are pushed, but bear this in mind:
    UTV, my old ISP, were well known for having a policy of fair use – and squeezed the bandwidth of users who were heavily down/uploading torrents. They had a three strikes rule too, that would result in your account being suspended if you didn’t heed them. I was with them for nearly three years and never got one email from their admin.
    Was this really because I didn’t engage in that kind of behaviour?

    Let’s see how things pan out. Perhaps Dave @46 is right that this is the only way the likes of EMI can “fingerprint” the torrent files – to upload them themselves – if so, I doubt that many of the right people will get caught, since they’ll be better at avoiding detection…

    Comment by Andrew S
    51.
    January 31, 2009
    2:31 pm

    Andrew S @ 50 – sorry, just realised that my reference to “belly up” may be confusing. I’m refering to Sep/Oct 2006 when they ran into problems with Eircom and subscribers were cut off without notice. I think one reason why people stick with Eircom is that security of knowing that the line is (usually) working whenever you need it

    Comment by Jim Carroll
    52.
    February 5, 2009
    10:25 am

    Dave @ 46. So staying away from the big 4 and just hitting the smaller labels who struggle for customers is safer is it?
    To be honest a lot of the big labels act as an umbrella for smaller labels e.g Mute, DFA and Heavenly all come through EMI. Transgressive and Blacksmith are through Warner and the list goes on. It’s the smaller labels that suffer the most from downloading as it is.

    I also think if eircom are co-operating with the big 4 all other broadband providers will follow suit, especially since eircom are the biggest in the country and the rest are all small fish in comparison.

    Comment by Dani
    53.
    February 26, 2009
    8:19 pm

    What date is this going to be in place from?
    Or is it in place already?
    Thanks

    Comment by Eva

    Comments on this article are now closed.


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