IRMA launches action against State over anti-piracy order

The Irish Music Rights Association (IRMA) has launched a High Court action against the State as part of its bid to stop the …

The Irish Music Rights Association (IRMA) has launched a High Court action against the State as part of its bid to stop the illegal downloading of music.

The Government recently pledged to issue an order to allow copyright holders to compel internet service providers (ISPs) to block access to websites that they consider are engaged in piracy.

However, IRMA, which represents over 100 record labels, remains unhappy with what it perceives to be foot-dragging on the part of the Government in tackling the issue.

It is concerned that the matter could be delayed again, and that even if a statutory instrument is issued, its contents may not be satisfactory.

IRMA chairman and EMI Ireland chief executive, Willie Kavanagh
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is adamant that the instrument should give companies such as his the right to seek court injunctions against ISPs that allow access to music piracy websites.

Mr Kavanagh said yesterday that EMI asked the Government to show them the forthcoming instrument, but it has not yet received it, “leading me to believe it’s unlikely to satisfy the music industry’s requirement for injunctive relief”.

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The music industry has been lobbying the Government to address its demands since 2010, when EMI and a number of its peers took a High Court case in an attempt to force UPC to impose certain anti-piracy measures.

The High Court noted a provision stopping ISPs from allowing access to pirate sites was needed to align Irish law with EU requirements.

The Government has promised to publish details of an order that will do this later this month.

Currently the music industry body Irma has an agreement with Eircom whereby it notifies the company if it detects its customers are sharing copyrighted music on peer-to-peer services.

Eircom then disconnects the broadband connection of customers found to be repeatedly engaging in this activity.

Mr Kavanagh said Eircom’s “three strikes” rule is “working incredibly well”, and ideally IRMA would like to see a similar regime in place for other ISPs.

Last week EMI’s Irish division reported that profits almost halved in its 2011 financial year, and it attributed this fall mainly to piracy.