Jim Carroll

Music, Life and everything else

Ruling delivered on illegal firesharing. Judge quotes Saint Colmcille.

Full report here from Mary Carolon on today’s High Court judgement by Mr Justice Peter Charleton which allows Eircom to proceed with their three-strikes-and-your-internet-is-cut-off policy. Per Mary’s report, “the judgment arose from a settlement last year of proceedings by four …

Fri, Apr 16, 2010, 16:30

   

Full report here from Mary Carolon on today’s High Court judgement by Mr Justice Peter Charleton which allows Eircom to proceed with their three-strikes-and-your-internet-is-cut-off policy.

Per Mary’s report, “the judgment arose from a settlement last year of proceedings by four major record companies – EMI, Sony, Universal and Warner – against Eircom over the use by others of its services for illegal downloading. Other cases are pending”.

“Mr Justice Charleton today ruled concerns raised by the Data Protection Commissioner about those measures, including about the rights of access to the internet, did not prevent the measures being implemented. The measures were lawful and compatible with the data protection legislation, he found.

“There was nothing in the criminal or civil law which legalises that which is otherwise illegal simply because the transaction takes place over the internet, he said.”

The upshot of this judgement is that the parties can now proceed to implementing last year’s settlement. “Under the settlement, Eircom agreed to implement measures aimed at stopping illegal downloading, including disclosing to the companies the uploaders and downloaders’ identities through their IP addresses, and ultimately cutting them off if illegal downloading persisted.”

Full ruling here.