Ruling delivered on illegal firesharing. Judge quotes Saint Colmcille.
Jim Carroll
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.
Was this concept of three-strikes not already tried in somewhere else in Europe and throw out because it was found to be in violation of a European Directive or did I make this whole thing up?!
Paul McGuinness is a very happy man today.
One more reason never to deal with Eircom ever again
a very bad day for the internet in Ireland, what with this and the discovery that the Dept of Justice has been secretly plotting a China-style “Great Firewall” filtering system:
http://www.digitalrights.ie/2010/04/16/foi-shows-department-of-justice-planning-internet-blocking-for-ireland/
I wonder if this will extend to Eircom resellers as well i.e. every other Internet Service Provider in Ireland?
If so, this could be just the beginning.
You’d wonder how long before a technical loophole will be found to get round this… I can already see someone rigging up proxy servers to feed IP addresses through to file sharing sites.
Time will tell.
This was looked at in Spain where an action was taken against Telefonica, a Spanish internet provider to disclose the personal data of its customers. The European Court of Justice ruled in favour of Telefonica and said that current EU rules do not require the member states to lay down an obligation to communicate personal data in order to ensure effective protection of copyright in the context of civil proceedings.
The ECJ did recognise that the current EU stance does not preclude the possibility for member states to lay down an obligation to disclose personal data in the context of civil proceedings but it doesn’t compel the member states to lay down such an obligation either.
There has to be a balance between the protection given to authors and the right to privacy of all inviduals.
Interestingly the EU parliament is currently looking at a report prepared by French Socialist MEP Guy Bono, which calls for repressive measures against free downloading to be ruled out in any new legislative proposals regarding the online music sector.
I’ll be interested to see what happens if Eircom come after someone who has shared legally-available content – such as a band giving away tracks for free as promo. Expect lots of calls to Joe when some parents get their internet cut off because little Ciara or Conor downloaded something bogey by accident.
It wasn’t Colmcille said that it was King Diarmuid. Colmcille dislked the judgment so much he started a war that ended with 3000 men dead and copyright vindicated. He himself thereafter went into exile. Just as well. Hacker like that we could well do without.
Found meself in a conundrum lately. My kid’s mum was off to Asia on a biz trip and she told my other kids they could have this thing called an R4 card. Screams of delight all round. So what is this thing I asked. It’s additional memory for the DS game consoles they seem to spend most of their day with their noses stuck in, tapping away at various images of dogs and cats and little hoppy men with large moustaches. I don’t know. Keeps them quiet on long journeys. So I went and looked up what R4 cards were. And told the kids there was no way in hell I was letting them have them. Screams of misery and howls of accusation that I’m a horrible dad and so uncool and so forth. Ongoing pressure every time someone brings up the subject (“Imagine (my youngest’s) Mum is going to (Asian city) in (month) and Dad won’t let her bring us back R4 cards nasty dad horrible dad &c. &c.” Their little faces. All sad. Gawd ‘elp us when I were a lad we ‘ad t’play w’ bits o’ shells. We were luckay. Kids up road ad’ t’play wi’ unexploded ones. Anyway. I thought and thought about it. Feeling like a bastard but I HATE Dao-Ban, counterfeit, piracy, copyright theft. Comes from working in PRC and seeing just the sort of shit they turn out that represents itself as genuine car parts and falls to bits at critical moments. Never bought a copy DVD in all my years living in PRC. Must be the only Paddy in China who had an Amazon account that ran in the thousands. Everyone else in Shanghai had seen every new film 6 months to a year before I saw it. But I held to me guns. So now I’m in a quandary right? On the one side here’s one of the few principles I actually possess. On the other here’s my kids. Hating me. Forever maybe. Well no. Til the weekend maybe. But they’re my KIDS man. What do I do? So I took inspiration from our leaders, those shining exemplars of greatness and goodness we’ve apparently elected for the past 12 years or is it 120? The ones who’ve ruined the country like, and are busy issuing their ‘regrets’ pace BIFFO. What would they do? So I said to my kids “Listen. Your sister’s mum can get you these R4 cards. Because I have ascertained that they may be used for legal as well as illegal purposes. Just like light aircraft flying in and out of Shannon airport. The R4 is able to store and download free, legal, totally kosher games known, I believe, as “homebrew”. So. What yer old customs officer dad proposes to do is implement a series of random snap inspections. Ye’ll never know the day nor the hour but if I say at any time ‘let me see yer DS’ you give it to me without a second’s thought, and if I see it’s full of music and pictures and files and books and homebrew games then that’s cool. I’ll reduce yer risk profile and maybe won’t search yer DS for a few more months. But then I might. And if I do, and find it full of bogey software, the R4 is going straight down the loo. Literally. Capiche?”
They capiched. They’d agree to anything for these R4 things. Apparently they’re the Holy Grail of DS users. I don’t know. I’d go blind playing the feckin things. But anyway. Of course that’s not what the Irish government actually DO down Shannon. No. They in fact actively prevent customs agus na Gardaí from doing their jobs, upholding the law, standards of decency, Ireland’s karma, that sort of thing. So they can’t search suspected dirtbirds. But when my kids are with me it’s Dad’s Law’s writ runs. And I don’t just “aspire’ to the observance of international law and the peaceful settlement of disputes, as another Irish judge ruled is all Ireland does. I implement it. I LIVE it. And I’ve got happy kids. And God help them if I find any digital versions of some poor brown chap shackled to the floor with a sedative up his botty on their digital N379P cards. Gitmo’ll seem like Butlins.
Well I don’t know it seemed Solomonic and it certainly beats heck out of starting a war I’m only going to lose in 3000 different ways. 1000 ways each that is. There’s 3 of them. Right now they ain’t bigger than me but that doesn’t matter they’re female.
(D’you know? I feel much less guilty having gotten that off my chest to you Jim. All very well having PRinCiples. I can almost sympathise with BIFFO and Bertie and Dermo and Wee Willie and Auntie Mawy and all the rest of those illegal-war and torture-facilitators. But I just can’t see the readers flinging back their IT subs in protest at me now can you?)
I’m serious. If I find one blagged game on those R4 cards they are going straight down the loo. And there’ll be no appeal. And they know that. And I trust them. But I’ll still check. “Diplomatic assurances” don’t cut it with me when you’re dealing with a bunch of children who see, who want, who get. Bit like BUSHCO. Except obviously my lot aren’t murdering, torturing, oil-barons. They’re just little kids who’d love a few free games. They can get them, here: http://defaced.co.uk/best-ds-homebrew/Totally legally. Ordinary rendition if you like.
Needless to say it wasn’t talking about Saint Colmcille prompted my remark at 9 above. Which should in fact be 10 or 11 or 12..
That is easily the maddest comment i’ve ever seen here – and we’ve had some mad ones before.
Heh. Sure it’s only for the crack.
I’ll take it as a compliment tho’. I’ve seen a lot madder stuff written in the IT and you were mostly paying for it to be written.
Come back Kevin all is forgiven eh?
How very strange…
There was a bloke from IRMA on the radio this afternoon saying there were 600,000 illegal music downloaders operating in Ireland today. So if they are struck off Eircom’s books how many customers are they going to be left with? Such a nonsensical ruling, it’ll make future generations titter uncontrollably.
Pure idiocy, but what do you except from the senile corrupt old luddites “in charge” in ireland. No surprise that “the youth of today has no respect for the law” – the law simply isn’t worthy of respect. I don’t even /want/ to “pirate” their formulaic crap, but I’ll be teaching anyone who’ll listen how to use encrypted p2p just to spite them.
Right to copy, not copyright!
http://www.youtube.com/watch?v=H8JDEsfK6Qs
You just wait, those bastards will try to eliminate selling second hand CDs yet.
They’re already going down that route with video games.
i would have thought eircom wanted customers???? like that is a good thing to have some
Why is this judge bring religion into the court ?
The kids rip off the bands and labels by downloading their music illegally. The labels rip off the bands by giving them shit deals. The bands rip off the kids by charging crazy prices at the door and everyone gets exactly what the deserve………….
Seems fair enough to me!
(Damn conscience is still at me over these R4 cards. They’re not illegal though. Just some stuff you can do with them is. Never mind. Pearls b4 PoRCines writing here.
Where does he bring religion into court Patrick? The judgment was that of a Brehon king.
It is amazing that this judgment, and the hearing giving rise to it, relate solely to issues concerning the EMI/eircom settlement under the Data Protection Acts 1988 and 2003, but the Data Protection Commissioner did not appear because of concerns to do with legal costs.
A large part of the judgment consists of an explanation of filesharing and the like, followed by an examination of data protection legislation. This is done in light of questions raised by the Commissioner, but without the benefit of his thinking or interpretation of the leglislation. The Commissioner is part of the EU’s Article 29 Working Party on data protection, which has considered the position of IP addresses under the legislation.
One wonders what purpose the Office of the Commissioner serves if it does not appear in a case like this.
Rossa – from a legal pov, do you think this judgement is enough to force the other ISPs to also roll over and play ball or is there scope for appeals and further legal moves? Am intrigued that the DPC cited “costs” – surely a move like this will have huge data protection implications and isn’t protection of these rights just what that office was set up to oversee in the first place?
That’s what I can’t understand: what is the DPC’s office willing to spend its budget on if not a case like this? After all, it’s only four months since the DPC appointed a panel of four big law firms to advise it on all aspects of its role and functions (http://www.etenders.gov.ie/search/show/search_view.aspx?ID=DEC136378). It really is quite bizarre.
Prior to this judgment, I expect all other ISPs planned to tough it out and dismiss the eircom settlement as an isolated agreement. However, that system has now received High Court approval and certainly could result in other ISPs settling with IRMA to avoid the risk of what would be an expensive court battle.
The eircom judgment is supposed to be about data protection concerns, but contains strong (and arguably unnecessary) statements in favour of the record industry’s approach and entitlement to have this system in place.
Having said that, the letter before action sent to other ISPs was not particularly strong (and targeted companies who do not provide end-user internet access http://blog.blacknight.com/irma-threatens-irish-isps.html). If this summer’s case against the other ISPs continues, it will involve a lot more expert evidence and should involve a more thorough hearing on the issues. I can’t tell from media reports, but I expect eircom was neutral on the data protection aspects of this hearing; the other ISPs might put up more of a fight.
@Dan – In France the current government’s first attempt to bring in such a law involved a state agency identifying offenders and cutting off their internet access. But the French constititional council decided that this state agency would therefore be trying and convicting people outside of the court system, which is repugnant to the Declaration of the Rights of Man (the constitutional basis of the French republic). The law was subsequently rewritten so that offenders will be brought to court.
Kynos, how high are you??
About six foot one Neil. If I’m standing on my right leg. About six foot if on my left.
It’s just a stream of subconsciousness mate.
If all I wrote were published there’d be a more coherent pattern to it just looking for ousia and all I’m gettin is feckin hypostasis tch.
Kyenosis – if all you wrote was coherent, I’d publish it
I suppose publication is a bonus but hardly my main objective Jim but thanks for the input.
James Baldwin quoted in this month’s DRB puts it better than me: “When you’re writing, you’re trying to find out something that you don’t know. The whole language of writing for me is finding out what you don’t want to know, what you don’t want to find out. But something forces you to anyway.” Couldn’t have put that as well meself. But that’s it.
(Just read that article just now. Weird. Stuff that talks to you. Sermons in stones books in the running brooks signs and auguries sorry for rambling oh no that’s Deaglán sorry for being incoherent)
Interesting to see where this is in a couple of years…