Recording Industry Sues More Irish ISPs For Not Implementing 3 Strikes

from the but-where's-the-law? dept

Mon, Jun 22nd 2009 7:10am — Mike Masnick

Ireland has not implemented any sort of "three strikes" law for getting ISPs to kick file sharers off the internet, but don't tell that to the recording industry there. A little over a year ago, you may recall that the recording industry sued leading Irish ISP Eircom, claiming that its failure to stop file sharing on its network broke the law. That was quite a claim -- and about the only actual "evidence" was that because some execs from Eircom had some internal emails where they joked about piracy, then obviously the ISP was guilty. Rather than deal with an expensive court proceeding, Eircom quickly settled, and agreed to put in place a three strikes rule (despite being under no legal obligation to do so).

However, because Eircom was worried about the competitive nature of the industry -- and how users might flock to other ISPs, it apparently had the labels agree to go after other ISPs as well. In fact, very soon after the agreement, the local recording industry association (the Irish Recorded Music Association -- IRMA) sent letters to other ISPs falsely claiming that under European law, they too needed to implement three strikes -- to which those ISPs responded by pointing out the law said no such thing.

Apparently IRMA would like to put that to the test. It's now sued two other Irish ISPs: the second largest telco (BT Ireland) and the largest cable ISP, UPC Ireland. UPC Ireland seems ready to vigorously defend itself, noting: "There is no basis under Irish law requiring ISPs to control, access or block the internet content its users download. In addition, the rights-holders' proposal gives rise to serious concerns for data privacy and consumer contract law."

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: ireland, three strikes
Companies: bt ireland, eircom, irma, upc ireland

15 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 22 Jun 2009 @ 8:30am

Why is the title "Recording Industry" when it is in fact the IRMA doing the suing? The whole industry isn't suing, only the Irish group.

Accuracy, it's something sorely lacking around here.
[ link to this | view in thread ]
JM Singleton (profile), 22 Jun 2009 @ 8:37am

File Sharing
There is no way to stop file sharing. There is nothing wrong with it. If you ouylaw Limewire there's always a Bit Torrent.
My Tech Site
[ link to this | view in thread ]
JustMe (profile), 22 Jun 2009 @ 8:39am

Re: A/C
Choose your own adventure (pick 1):

A) "Accuracy, it's something sorely lacking around here." says the Anon Coward.

B) Attribution, sorely lacking in the previous comment.

C) Cary Sherman, is that you?

I got a million of them! Try the veal, tip your waitress.
[ link to this | view in thread ]
Anonymous Coward, 22 Jun 2009 @ 8:44am

Re:
Is IRMA a part of the recording industry? Yes. Does the whole "Recording Industry" have major ties to one another? Yes. Is the "Recording Industry" throwing money at efforts like this so they can have more draconian measures in place to try and keep their dinosaur of a business model in place? Yes.

Trolling annoys me, go elsewhere.
[ link to this | view in thread ]
PaulT (profile), 22 Jun 2009 @ 9:02am

Re:
The Irish Recorded Music Association isn't part of the recording industry?

Snark aside, maybe you're referring to the fact that some Americans reading this will assume it's an RIAA reference. In that case, check out the member list from IRMA's Wikipedia entry:

"The recording companies and other music related companies that are on the IRMA members board are:

* Warner Music Group Ireland Ltd.
* Sony/BMG Ireland Music Entertainment Ltd.
* RMG Chart Entertainment Ltd.
* Whirling Discs Ltd.
* EMI Ireland
* Universal Music (Ireland) Ltd.
* Pinnacle Records"

Not much difference between that list and the major RIAA members...
[ link to this | view in thread ]
Guy One, 22 Jun 2009 @ 9:35am

Re: File Sharing
Limewire? Welcome to 2007.
[ link to this | view in thread ]
Anonymous Coward, 22 Jun 2009 @ 9:39am

Re: Re:
Are any of the companies you listed part of the RIAA? Nope, not a single one. Their parent companies, perhaps.

What Mike is trying to do is vilify the people he dislikes by lumping them all in one place. "the recording industry" is this big thing with no people, no seperate between companies, they are like the borg, all thinking as one.

It's such crap, it's just another attempt to create a sort of false enemy. Easier to take pot shots.
[ link to this | view in thread ]
TPBer, 22 Jun 2009 @ 10:03am

Re: Re: File Sharing
"Limewire? Welcome to 2007."

Don't you mean '02 or '03?
[ link to this | view in thread ]
Anonymous Coward, 22 Jun 2009 @ 10:30am

Re: Re: Re:
would you stop it please? You are really giving us AC a bad name here.

This stuff isn't lulz worthy. I hate freaking kids. I miss the good ol days when trolls were smart people acting dumb... but now it's mostly dumb people acting like themselves. Go make a lolz cat or something.
[ link to this | view in thread ]
Just as Anonymous, 22 Jun 2009 @ 10:54am

Re: Re: Re:
Are any of the companies you listed part of the RIAA? Nope, not a single one. Their parent companies, perhaps.

Ah, yes, of course, Warner Music Group of Ireland is a completely independent subsidiary that does not sell any of the same music that Warner Music Group else where does and does not represent the same musicians. Riiight. And it would be funny if an Irish company was part of an American association (what did you think AA stood for in RIAA? Alcoholics Anonymous is reasonable, but not correct).

Poor job shilling on your part, try again.
[ link to this | view in thread ]
Rebel Freek (profile), 22 Jun 2009 @ 10:57am

Re: Re: Re:
"Are any of the companies you listed part of the RIAA? Nope, not a single one. Their parent companies, perhaps."

Wait, are you fucking kidding me? The RIAA is an AMERICAN collaboration for the recording industry, while the IRISH version is the IRMA.

Let me point out the "Their parent companies, perhaps." comment again. If you had the head guy from Warner music here in the US and the head guy from the Irish branch tell you who their boss was, they would likely send you to the same person.

"It's such crap, it's just another attempt to create a sort of false enemy."

How are his posts creating a false enemy? They outline how horrible the recording industry as a whole is destroying the fan base for the music industry by villifing their fans.
[ link to this | view in thread ]
Rebel Freek (profile), 22 Jun 2009 @ 10:59am

Re: Re: Re: File Sharing
No, I think it was still Kazaa at that point... Maybe '05?
[ link to this | view in thread ]
PaulT (profile), 23 Jun 2009 @ 12:55am

Re: Re: Re:
So... the Irish subsidiaries of American corporations are completely autonomous units who should be free of all criticism directed at their American parent organisations? Despite the fact that they seem to be committing very similar anti-consumer, self-destructive actions?

There's no "false enemy" here. If Warner Ireland was acting in a different way to Warner US, they wouldn't be criticised. They're acting the same way, so they get the same criticism. Is that really so hard to understand?

The "recording industry" is a group of companies who seem to be collectively making stupid, self-destructive and anti-consumer moves like the idiotic three strikes idea. There are exceptions, such as independent artists and labels, but they are still the minority. Do you have a better term to refer to (major labels + affiliates + other members of recording industry associations) that would allow us to confuse you less?
[ link to this | view in thread ]
Sammie Houston (profile), 23 Jun 2009 @ 4:37am

Watunes, The New Music Industry!
As representatives for the largest digital distribution in the world, we will show any artist and/or record label how to benefit from a Digital Distribution relationship as well as be paid 100% of their royalties for FREE! Gone are the days of selling your music through a physical means. Statistics say 48% of teenagers purchased their music online in 2007 with that number increasing from 32% a year prior. If you are still slanging CD’s, you are quickly falling into the dinosaur arena. We can help you change all that.

Watunes offers services for the entire independent music community, whether you already have digital representation or are just getting started in the digital world. We make it easy to distribute your content to digital outlets, promote your content using our innovative marketing systems, and manage your catalog and sales using our first-class technology.

WaTunes is a social media distribution service that enables artists, groups, and record labels to sell music, music videos, and audiobooks through leading online entertainment retailers, including iTunes,ShockHound, and eMusic. Artists and labels can sell unlimited music and earn 100% of their profits – ALL FOR FREE! In fact, as of Tuesday June 9th, we signed NBA Legend and Hall of Famer Earl ‘the Pearl’ Monroe who owns record label Reverse Spin Records. The link is listed right below & you can either click on it and/or copy & paste into your browser. Please direct any further inquires, comments, questions, or concerns to us. We're more than elated to serve you anyway we possibly can.

Best,

Sammie

Earl "the Pearl" Monroe link:

http://news.google.com/news?client=safari&rls=en&q=watunes&oe=UTF-8&um=1&am p;am p;ie=UTF-8&sa=N&hl=en&tab=wn

--
watunes.com

Sammie Houston
SVP, Client Services
e-mail: sammiehouston@watunes.com
Skype ID: sammie.houston
Office: 678-598-2439

Sneak Preview: http://tinyurl.com/dh3mum

Youtube advertisements, don't click on the link, please copy & paste into your browser:

http://www.youtube.com/watch?v=ESwBmhWmF4k

http://www.youtube.com/watch?v=O2AYrcDVhCs

Check out our Reviews, add your comments & feedback too:

http://www.rateitall.com/i-1125252
watunes.aspx
[ link to this | view in thread ]
Anonymous Coward, 24 Jun 2009 @ 5:53am

the largest digital distributer in the world? i thought that was the orchard! anyways.... the IRMA / RIAA spot the difference comment made me laugh.. they are the same thing guys.. i read that the ISP's all agreed to this policy when the IRMA were settlign with Eircom. eitherway it's still a case of sueing anybody they can... i'm no lawyer but i think IRMA's efforts is just a way of testing the water for the Labels to get their claws into every other EU country doing the same thing. it's a bit of a joke to be honest, the music industry has failed to adapt to change and is sueing everyone they can as a result..
if the the nice guys in the IRMA had put more effort into supporting domestic repertoire in ireland or helped enforcing the radio quota's, then maybe there would be more money for the irma to play about with.
I'm sort confused in the sense that shouldn't the beef be with the governments themselves rather than the isp's or is a pussy move like avoiding google for example???
[ link to this | view in thread ]