THE HIGH Court ruling that internet service providers (ISPs) cannot be forced to cut off subscribers involved in illegally sharing copyrighted music was unexpected. Politicians, State agencies and business people had praised the protections provided by the Copyright and Related Rights Acts (2000) to everyone from musicians to software companies. But Mr Justice Peter Charleton, while referring to the “scandal” of illegal music downloading and its “devastating” impact on recording companies and creative artists, concluded the Act had failed to fully transpose European directives into Irish law and the court had no powers to force ISPs to cut off internet access to people found to be repeatedly sharing copyrighted music online.
Five major music labels had sought to compel cable television and broadband provider UPC to sign up to the so-called “three strikes” system being implemented by Eircom. It involves the service provider issuing three successive warnings to people accused by the record companies of wholesale copyright infringement. One further infringement and the subscriber is cut off for a year.
As Mr Justice Charleton noted, parents and employers are often unaware that their children and staff are using their internet connection to share copyrighted material. In that regard, his judgment will be something of a relief to them as they no longer face the prospect of being cut off from the internet for activity of which they are unaware. Furthermore, record companies seem unlikely to resume their tactic of pursuing individual downloaders through the courts. This is a costly exercise that risks turning public opinion against them.
The music industry now wants the Government to legislate to address the gap in Irish law and its spokesman has even suggested his members may seek damages for loss of earnings if action is not taken quickly. Minister for Communications Eamon Ryan is proposing talks between all sides but given the entrenched views of the record companies and ISPs, the chances of agreement are slim. And it appears unlikely that Eircom will continue operating the three strikes policy as it puts it at a commercial disadvantage to competitors.
A generation of young people is growing up with little respect for copyright. If the record labels are serious about helping the next wave of musicians to make a living, they must figure out how to encourage people to download music legally. The stick has not worked. But it remains to be seen if a carrot can be found that will change deeply embedded behaviour.