FIVE RECORD companies have brought court proceedings against two more internet service providers in a bid to stop illegal downloading of music.
Similar proceedings were brought previously against Eircom which settled on terms including the companies providing Eircom with the IP (internet protocol) addresses of all people detected as illegally file-sharing copyright works. Eircom also agreed to disconnect subscribers who ignored warnings to cease infringements.
The Eircom case was the first here aimed at internet service providers, rather than individual illegal downloaders. About 20 billion music files were illegally downloaded worldwide in 2006 alone, it was claimed.
In the latest proceedings, EMI Records (Ireland), Sony Music Entertainment Ireland, Universal Music Ireland, Warner Music Ireland and WEA International Incorporated are seeking similar undertakings in separate actions against BT Communications Ireland and UPC Communications Ireland to prevent “peer-to-peer (P2P) infringers” illegally downloading music.
The two new cases were entered into the Commercial Court yesterday by Mr Justice Peter Kelly.
Willie Kavanagh, chairman of the Irish Recorded Music Association (IRMA), said in an affidavit the five record companies asked BT and UPC last February to agree to implement the measures in the Eircom settlement but both declined. BT had said it could not agree to a process which evolved from a private and confidential agreement between two independent legal parties about which it had no background information.
UPC said the companies’ proposals were unacceptable because they did not take into account the rights and interests of subscribers or of UPC itself and it also did not accept that copyright law could apply in the manner envisaged.
The record companies had experts carry out a “48-hour scan” of the two service providers’ networks which found some 45,000 copyright infringements on BT per month while UPC had 75,000 per month, Mr Kavanagh said. The legal action was taken when both companies refused to take steps, including filtering technology, to stop the illegal downloading. The companies wanted injunctions preventing the service providers from making copyright works available to the public, Mr Kavanagh said.
Cian Ferriter, for UPC, said the proceedings raised significant issues of European law. His client did not condone illegal activity but it appeared the music companies wanted the industry to act as some sort of policeman for enforcement of copyright.
In a second case over copyright music admitted to the court, the organisation which collects royalties for recording artists, Phonographic Performance Ireland, has sued the State over refusing to amend the law which exempts hotels from paying copyright fees for music played in their bedrooms. PPI chief executive Dick Doyle said it had to bring the action after a lengthy period trying to get the State to amend the law.