Recording Industry Says Irish ISPs Shouldn't Protest If It Demands Pirate Bay Block

from the that-doesn't-seem-right... dept

Thu, Feb 19th 2009 10:42am — Mike Masnick

Irish ISP Eircom recently settled a lawsuit with the recording industry. The lawsuit itself was an oddity -- as it was the first time we could recall the industry actually suing an ISP over charges related to file sharing. The settlement, though, was quite troubling, as Eircom agreed to kick file sharers off the internet via a "three strikes" plan, despite the fact that many countries in Europe have said that it doesn't make sense to kick users off the internet -- and may actually be a violation of their civil rights.

However, much more troubling news is now coming out about the settlement. Reader eoinmonty alerts us to the news that IRMA, the Irish Recorded Music Association, has been sending letters to other ISPs throughout Ireland about the Eircom settlement, telling them that they should implement the same plan as Eircom, noting that it's "in accordance with Irish and European law." That's highly misleading. But, the really troubling part is the claim that the Eircom settlement includes an agreement by Eircom not to protest should IRMA demand that certain sites, such as The Pirate Bay, be blocked completely.

Other Irish ISPs are up in arms about this, noting that it's somewhat ridiculous to simply grant the recording industry free reign in deciding what can and cannot be blocked, without allowing ISPs to speak up against such egregious blocking. And, as some of those ISPs point out, it's particularly ridiculous to highlight The Pirate Bay, as it still hasn't been found to be illegal -- and certainly not in Ireland.

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Filed Under: ireland, isps, three strikes, website blocks
Companies: eircom, irma, the pirate bay

7 Comments

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Anonymous Coward, 19 Feb 2009 @ 1:38pm

Recording Industry : Fuck'em!
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Peter Tanham (profile), 19 Feb 2009 @ 3:53pm

I think this is borne out of frustration on the part of the IRMA. When the Eircom ruling was announced there was a definite sense of an empty victory for them. Eircom said "yeah sure, we'll block users, we promise" with a wink and a nudge to the rest of the country. The IRMA are hoping (I guess) to spook the legal department of some of the ISPs into enforcing it.

Fingers crossed the letters are met with laughter and promptly filed in the bin!
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Its The Beginning of the End, 20 Feb 2009 @ 5:17am

No Spooking Needed
Agreements in private industry can cover any topic. Agreeing to do something like telling a customer not to do certain things with their use of the ISP's service connection (or whatever you want to call it) is between the ISP and the customer. You know that movie theaters can stop you from going in even after you buy your ticket if you bring in outside food. Is that illegal? Of course not. But they won't let you in unless you dump the food. Yeh, they'll give you your money back but you still won't get in. Go sue them for your right to see a movie in their theater. Good luck. Same with Eircom, it is not illegal for them or any other ISP to do cut you off. Sorry all you tech rights advocates and believers in the Wild, Wild Web but that's the way it is.
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PaulT (profile), 20 Feb 2009 @ 5:46am

Re: No Spooking Needed
It's not an agreement in private industry, though. It's the result of a settlement to a lawsuit, which itself was based on lies and exaggerations.

Can you really not see the difference?
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Robert, 21 Feb 2009 @ 10:04am

The RIAA...
The problem is the RIAA has over the past number of years attempted everything it can to have governmental powers. And if anyone is responsible for ripping off the artists and consumers it is the RIAA members.

On average the price of a CD is 11.99 to 15.99. Out of that the artist averages .50 to 1.00 and the labels keep the rest. Who's stealing from who?

And with all the profits they get they expect the ISP's to spend their money to be content police. No, the RIAA won't spend it's own money nor will any of the international organizations that are in bed with the RIAA.

If they wanted to right things the Government would force the RIAA to disband and the money to rightfully go where it should - into the hands of the people who make the music and not the executives who try to control the industry, the artists, the radio stations and everything else.

The RIAA can bite me.
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chronoss, 21 Feb 2009 @ 5:43pm

and GUESS which ISP goes out of business first
everyone there regardless of if you have another provider, just cancel.
PUT them out of business as quick and hard as you can, oh i know you will miss a few months a david letterman oh gee.
this type a action is like taking 22billion fomr the world economy versus thre measly 9 billion profit.
so you do the math what happens to your countries economy as the real terrorists begin to show there faces YES RIAA THAT IS YOU
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David, 22 Feb 2009 @ 6:52pm

The Music Industry must be downloading priated music also! Charge them!
This is fine as long as the recordig industry is also kicked off the internet when they access illegal content.

If, they know which IP's are servering or downloanding priated material then they to have engaged in accessing that material and are equally quitly. It does not matter if they are the legal repersentivites of the copyright owner of the content in question just as it would not matter if I downloaded a priated version of a song that I already lawfully own on CD. They sitll musy have illegally access a priated version of that content.

It so clear to me that legally speaking the music industry has engance in pricy of their own busines partners works and not once have they been charged. If it is ok for the music industry to act as priates can they truely be allowed to continue to go after people for committing crimes that they themself had to commit to even know that the person in question was doing the crime. Why are goverements allowing vigilante justice.

CHARGE them with priacy as well. There is now legal way for them to know that someone has made priated music available unless they have accessed that priated material. There is not motive the excuses them form the laws they asked for.

Thanks...
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