Insane Entitlement: EMI Sues Irish Gov't For Not Passing SOPA-Like Censorship Law

from the wowzers dept

Thu, Jan 12th 2012 10:49am — Mike Masnick

The sense of entitlement exhibited by the legacy players in the entertainment industry is now reaching positively insane levels -- highlighted by the news that major record label EMI (in the process of being acquired by Universal Music to make it the largest record label by far) is suing the Irish government because it feels the Irish government is taking too long to pass a SOPA-like law that would require ISPs to censor the internet and block access to sites it doesn't like. I'm not kidding. Apparently, because the legislative process is too slow, it feels the need to sue.

In another article on the lawsuit, EMI Ireland's CEO complains that the length of time it's taking the government to craft such a censorship bill is "leading me to believe it’s unlikely to satisfy the music industry’s requirement for injunctive relief."

Think about that for a second. The major record labels have such an insane sense of entitlement, they think that any bill they declare that they "require" must become law, or they can sue the government. More specifically, EMI is effectively confessing here that it's upset that the government isn't sharing the bill ahead of time with EMI or others in the industry. Again, the massive sense of entitlement of these guys is such that they expect that they get to write the laws, and when they're left out of the process, they get to sue over it. And yet, on every one of these laws, the people actually impacted by them -- the public -- get no real say or can't see them. Remember ACTA? The public was left totally in the dark, while RIAA/MPAA officials and others had pretty detailed access and the ability to help craft the bills. And yet, when EMI doesn't get to see a draft of a bill, and it makes them think that it won't go the way they want, they sue? Damn.

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Filed Under: blocking, copyright, entitlement, injunctions, ireland, pipa, protect ip, record labels, sopa
Companies: emi, riaa

50 Comments

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Capitalist Lion Tamer (profile), 12 Jan 2012 @ 10:57am

That's not just normal, everyday, out-sized entitlement. This goes way past that into the realms of cartoonish supervillainy. This is Paul Macguiness-sized entitlement.

Is the age-old phrase about to morph into "the entitlement of the Irish?"
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anonymous, 12 Jan 2012 @ 10:57am

more info on torrentfreak about this. seems EMI are also complaining about the EU law it reckons should be applied too. it does, however, want to ignore the EU law on human rights and on the illegality of website blocking and internet disconnection of customers. no bias here at all, is there?
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bongo houzi (profile), 12 Jan 2012 @ 11:00am

The Real Pirates
I think everyone should read Buckminster Fuller's 'Spaceship Earth.' Especially the first section. He puts forth his theory about how humankind started down the path of accumulation and specialization. The ones doing the accumulating and forcing others into specialization were the 'Great Pirates' as he put it. They were, and are, basically parasites that take anything they see as valuable and make it their own while forcing everyone else to pay them to utilize it. It was, and is, a zero sum game because what they considered theirs was initially someone else's. Funny how that logic can be used by either side innit?
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Ima Fish (profile), 12 Jan 2012 @ 11:05am

Copyright is different in Europe than in the US. In the US it's derived solely from the US Constitution, Article I, Section 8.

However, in Europe, copyrights are bound up in "moral" rights. In other words, our Congress only has to follow what Article I, Section 8 provides. In Europe, countries have a moral right to protect copyrights.

I'm not saying it's right, I'm just trying to explain it.
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Ninja (profile), 12 Jan 2012 @ 11:05am

I feel entitled to pass legislation that allows me to burn EMI property to the ground. I think I'm gonna sue the Irish Govt. Oh wait, I'm Brazilian. Can I burn them in Brazil to show my sympathy towards my Irish friends?

On a side note, EMI is being incorporated by UMG, the same thet felt entitled to use contract loopholes with Google to takedown Mega Song? Talk about smooth corporate culture incorporation...
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el_porko (profile), 12 Jan 2012 @ 11:08am

Pass a new law...
Well if I were the Irish Government, I'd show EMI just how quickly that the government could pass a new law - banning complaining record lable companys from selling in Ireland.
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Anonymous Coward, 12 Jan 2012 @ 11:10am

What a great idea, I think I'll go drop my expensive car insurance and then total my couple year old car. That way I can sue the government for not passing a bailout to bail out car owners without insurance.

Oh, and those college tuition loans? I should have been entitled to free government scholarships to cover those costs because I'm a part of a lot of minority groups, such as the following.
-Young people that still wear watches (9/10 don't bother with them anymore studies find!)
-Follower of the Church of the Flying Spaghetti Monster (if race qualifies for government scholarships then why not followers of wacky religions no one has ever heard of! That clearly makes their followers a minority group! Plus if I declare myself clergy in the church of the flying spaghetti monster it makes me immune from the draft!)
-I'm at least a third generation German decedent American citizen, maybe even 4th or 5th generation, I don't know! Surely German Americans, even ones who aren't sure what generation number in America they are should be entitled scholarship cash to!
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Anonymous Coward, 12 Jan 2012 @ 11:13am

Re: Pass a new law...
A better plan would be to arrest and detain any EMI rep as terrorists without trial, or to refuse them entry.
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Ninja (profile), 12 Jan 2012 @ 11:16am

Re:
Where do I apply to the church flying spaghetti monster?

Your comment is funny but the truth behind it when in contrast with this article is just appalling. And yet those imbeciles are there messing with our laws with the support from clueless and/or bought politicians.
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Anonymous Coward, 12 Jan 2012 @ 11:22am

Re:
The EU also has similar human rights issues on the flip side too. So it's not just that copyrights are considered 'moral' rights there but internet access and privacy rights are also much more fundamental there.
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Anonymous Coward, 12 Jan 2012 @ 11:35am

Re:
Even if that is true, no citizen (or corporation) has the right to have some sort of special treatment in regard to how the legislative process unfolds.

The process is done whenever it is done, not when EMI wants it. Rushing laws through can only cause trouble.
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Anonymous Coward, 12 Jan 2012 @ 11:36am

Behold....
Witness the desperation of a legacy player in its death throes.
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Anonymous Coward, 12 Jan 2012 @ 11:40am

Why is this so shocking? That's what the lobbyists paid the politicians to do. EMI just wants them to do the job they sent them there to do.
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Ima Fish (profile), 12 Jan 2012 @ 11:41am

Re: Re:
Look, I'm not arguing this is a good idea. I'm just trying to explain it.

In the US this would be completely nuts. But in Europe, it's just nutty.
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Violated (profile), 12 Jan 2012 @ 11:51am

Lunch
EMI now walks into the lion's cage. Let us hope they get eaten.
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gorehound (profile), 12 Jan 2012 @ 11:54am

FRAK YOU EMI

An unlimited supply
and there is no reason why
i tell you we were all of frame
they only did it 'cos of fame
who?

EMI EMI EMI
too many people had the suss
too many people support us
an unlimited amount
too many outlets in and out
who?

EMI EMI EMI
And sir and friends are crucified
a day they wish that we had died
we are an addition, rules by none
never ever never
and you thought that we were faking
that we were all just money making
you do not believe we're for real
or you would lose your cheap appeal?
oh don't you judge a book just by the cover
unless you cover just another
and blind acceptance is a sign
of fucking fools who stand in line
like

EMI EMI EMI
unlimited edition
with an unlimited supply
that was the only reason
we all had to say goodbye
limited supply EMI
there is no reason why EMI
I tell you we were all of frame EMI
they only did it 'cos of shame EMI
I do not need the pressure EMI
I can't stand those useless fools EMI
unlimited supply EMI
hello EMI goodbye IRM
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Atkray (profile), 12 Jan 2012 @ 12:01pm

Re:
ummm I hate to break it to you but your religion is not really a "wacky religions no one has ever heard of".
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Charles K. (profile), 12 Jan 2012 @ 12:01pm

We Irish like our entitlements:
- Guinness
- Potatoes
- Independence from Britain
- A music industry afforded the full protection of the State from paying income taxes, effective competition, adapting to the marketplace and/or catering to consumer demand.

/rant
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Lord Binky, 12 Jan 2012 @ 12:04pm

When you make up the rules you play by, then you will understand how they feel.
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Anonymous Coward, 12 Jan 2012 @ 12:06pm

I thought EMI was divided between Sony Music and UMG? Did that not happen? How can a company that does not exist any longer sue anyone?
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Larry, 12 Jan 2012 @ 12:35pm

Re:
The Irish are independent from Britain? When did that happen?

Oh, and Irish are only entitled to Harps. Guinness is 3 shillings extra!
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John Doe, 12 Jan 2012 @ 12:41pm

Re:
You are right, it is more like they are suing for a breach of contract. They want the legislation they paid for.
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JP (profile), 12 Jan 2012 @ 12:51pm

To Use A Patent Argument ...
If You Can't Innovate � Litigate!
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Duke (profile), 12 Jan 2012 @ 1:12pm

EMI may actually be entitled to this...
The thing most reports on this case seem to miss is that this isn't just EMI (now mostly being sold off to Universal and Sony) suing the Irish government for not doing what they want, they're suing the Irish government for failing to implement certain provisions of EU law (probably parts of the IPR Enforcement Directive 2004/48 - which should have been implemented by April 2006).

If I remember correctly, in the November ruling, the Irish judge noted that what EMI wanted wasn't possible under Irish law, but should be under EU law, and so the law needed to be changed.

Suing the government over failure to implement a directive (particularly when they think they're losing money over it) is quite normal in the EU.

[Disclaimer: I haven't read their actual filing, so I could be wrong.]
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Berenerd (profile), 12 Jan 2012 @ 1:20pm

Re: Re: Re:
In the US, with the right amount of money, its a common thing.
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Acslawarecrooks, 12 Jan 2012 @ 2:03pm

What about this legislation
I read on torrentfreak that in nov 11 the European court issued a ruling against a Belgian anti piracy group saying that ISPs could not be asked to filter Internet content for copyright enforcement� purposes.

http://www.iptegrity.com/index.php/internet-trials/720-sabam-v-scarlet-court-rules-that -isps-cant-be-asked-to-filter

1. Why have we not heard of this important issue
2. Does this mean that what EMI is demanding is illegal?
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Anonymous Coward, 12 Jan 2012 @ 2:03pm

Insane will be if they win :)

When you can sue the government for not passing a law that is just priceless.
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Acslawarecrooks, 12 Jan 2012 @ 2:14pm

Re: What about this legislation
Just found another site which says this ruling affects ALL European countries
https://publicaffairs.linx.net/news/?p=6253
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Acslawarecrooks, 12 Jan 2012 @ 2:16pm

Sorry more info

https://www.laquadrature.net/en/eu-court-of-justice-censorship-in-name-of-copyright-violates -fundamental-rights
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el_porko (profile), 12 Jan 2012 @ 2:42pm

Re: Re: Pass a new law...
No, thats the way the US does it.
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Lawrence D'Oliveiro, 12 Jan 2012 @ 3:05pm

Suing The Govt For Obeying The Law??
From the linked item:

In November, the European Court of Justice (ECJ) ruled that national courts could not impose injunctions on ISPs to install filtering software, a key component in the music industry�s battle against illegal filesharing.

In December, the Data Protection Commissioner ruled that elements of Eircom�s �Three Strikes� system - that cuts off internet access to customers caught downloading free music - broke privacy rules.

The most recent Irish High Court decision, in 2009, ruled that Irish ISPs cannot legally be forced to cut off customers for copyright reasons.

So EMI is suing the Irish Government for obeying the law??
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Duke (profile), 12 Jan 2012 @ 3:30pm

Re: What about this legislation
1. You should have heard of it if you read TechDirt, as it was reported here.
2. No. That ruling merely set an upper bound on what copyright enforcement people can demand; in that case, SABAM wanted the ISP to actively monitor all their traffic and magically filter out potentially infringing content, and the CJEU said that was far too much. Lesser degrees of enforcement may be fine.
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Duke (profile), 12 Jan 2012 @ 3:47pm

Re: Suing The Govt For Obeying The Law??
The problem is that there are several competing directives in this area of law, to grossly oversimplify:

- The Copyright Directive 2001/29 (sometimes the InfoSoc Directive) sets out a lower bound for what must be covered by copyright in all EU member states.
- The Enforcement Directive 2004/48 (sometimes IPRED) sets out a lower bound for what sort of remedies must be available in MSs for copyright infringement.

- The Electronic Commerce Directive 2000/31 sets out various limits on the liability of ISPs (including website hosts),
- The Data Protection Directive 95/46 sets out how personal data of individuals can be collected.
- The Authorisation Directive 2002/20 which places limits on what ISPs can be made to pay for.

Basically, the first two set out what *must* be put into law, in order to 'protect' copyrights, and the second three set out what *can't* be done, even to 'protect' copyrights. Over the last few years there have been a number of cases across the EU where courts have tried to find the right balance between these (such as the DEA judicial review in the UK (back in court on Monday, iirc), the SABAM v Scarlet case mentioned above, the Infopaq(?) case a while back and these Irish cases). It's a big mess.

Iirc, in the last Irish case, the judge found that the proposed measures (the private agreement one ISP had reached with EMI) went too far, and so was illegal under EU law. However, he also noticed that the existing Irish law didn't go far enough either. So now EMI are suing Ireland (using the EU principle of state liability for not fully implementing the relevant EU Directives (probably IPRED) and thus causing EMI some sort of damage (although it could be a challenge for them to prove it).

[As mentioned above, this last part is mostly speculation as I haven't seen any of the paperwork from the new filing.]
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That Anonymous Coward (profile), 12 Jan 2012 @ 8:06pm

Re: Re: Re: Pass a new law...
Incorrect, they would never arrest a corporate drone that pays them. However their own citizens and innocent people, your right on target.
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That Anonymous Coward (profile), 12 Jan 2012 @ 8:14pm

Re:
HOW DARE YOU!
HE BOILED FOR YOUR SINS AND YOU PRETEND HE IS UNKNOWN!!!!

�Accept His Noodly Magnificence into your heart, into your soul, and ye shall forever be free. R'Amen.�
~ Ragu on Pastafarianism
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Amit Shaw, 12 Jan 2012 @ 11:08pm

Nice One. Thanks.
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Modplan (profile), 12 Jan 2012 @ 11:25pm

Re: Re: Re:
Moral rights apply to attribution and in some cases for your work to not be treated in a "derogatory" way. It has no relevance here AFAIK - I haven't heard of copyright itself being considered a moral right.
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Acslawarecrooks, 12 Jan 2012 @ 11:36pm

Re: Re: What about this legislation
Aah yes, you are right about it being about specific forms of censorship, however isn't this what EMI want the Irish government to do, they want them to stop infringement anyway necessary.

What I meant about not hearing about it was that when I googled it, there was no other news site reporting about it ( mainstream) , you can guarantee if it had gone the other way then it would have been splashed all over
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jrms, 13 Jan 2012 @ 12:04am

Re: Re:
Where have you been for 90 years?
Irish Independence:
�-� Declared 24 April 1916�
�-� Ratified 21 January 1919�
�-� Recognised 6 December 1922�
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PaulT (profile), 13 Jan 2012 @ 2:35am

Re: Re:
Making a joke, or just another ignoramus who can't tell the difference between Eire and Northern Ireland?
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dave, 13 Jan 2012 @ 4:54am

law degrees
there are WAY too many lawyers in the world.
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charlie, 13 Jan 2012 @ 6:51am

Re:
What does this even mean?
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m@, 13 Jan 2012 @ 7:02am

Response to: gorehound on Jan 12th, 2012 @ 11:54am
They should make this the Irish national anthem. Then whateverlabel owns roadrunner could sue them since this is kind of sung to the tune of it.
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Happy Daze, 13 Jan 2012 @ 8:15am

AMERICAS I HATE YOU!!!! stop ruining the world stupid twats
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gary (profile), 13 Jan 2012 @ 11:11am

Re:
Don't blame us blame Lamar!
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erigena (profile), 14 Jan 2012 @ 2:37pm

Finally the music companies are suing Ireland for failure to have any implementable copyright legislation;

http://entertainment.ie/music/news/EMI-launches-lawsuit-against-Irish-state/97275.ht m

Even the most "cynical/daring" comments on this topic really don't get it. Ireland has not been run as a normal state since 1998 or so, and there was every indication from back then that the music industry - in the mid 90's perhaps the biggest in the world pro capita - began to be used for the creation of huge scams

We can start with the admittedly labyrinthine narrative on

http://seanonuallain.com/id2.html

To summarize; musicians start to notice that their song copyright registrations are altered when they attempt to repatriate them from Britain and the USA to the nascent Irish music "rights" organization (IMRO). Companies close to the government suddenly "own" part of the songs. The musicians check further, and notice that they are credited with writing songs that don't exist, often spelled in Gaelic with a letter missing.

They get the police involved; one of the police is made a job offer he can't refuse, but parliamentary questions keep the investigation going. It is possible that the government simply wanted to find out what we knew.

Then someone in IMRO's London counterpart panics and - lo and behold! - it is revealed that Shay Hennessy, chair of IMRO, HAD STOLEN HUNDREDS OF COPYRIGHTS AND WAS USING IMRO TO PERPETUATE THE THEFT. Quis cutodies cutodiet? AS it happens, the police investigation was aborted with a leak to the papers

http://www.politics.ie/forum/current-affairs/36672-corruption-dpps-office.html

Hennessy was the main advisor on the copyright act that has caused this snafu;

http://www.allbusiness.com/retail-trade/miscellaneous-retail-retail-stores-not/4602230-1.h tml

It is important to remember that, when referring to Ireland 1997-2011, we are not talking about a modern democracy; it is a third world country, with the prime minister paying a fortune of taxpayers' money to promote the musical and other "artistic" careers of his daughters and their partners, including the horrible "PS I love you".

U2, among many others, took advantage of the artists destroyers' exemption, which allowed them trade with dissolved companies and steal at will from far better musicians than them.
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erigena (profile), 14 Jan 2012 @ 6:55pm

Re: Re: Suing The Govt For Obeying The Law??
I liked Duke's analysis and IMO it is correct as far as it goes

However, the 2000 copyright act in Ireland should have anticipated all these problems. In 2000, the Internet was a reality and frims like MP3.com had already had their day;

http://www.irishstatutebook.ie/2000/en/act/pub/0028/index.html

The problem is that the act was drafted by criminals. In a rather famous incident, while the act was being drafted, the member of Parliament piloting the Copyright and Related rights Bill 2000 got a record contract for his son David Kitt through Warner Bros;

"Kitt has a charmed life and he escaped public opprobrium before when it emerged that in 2000 he had given a demo tape of his son, singer David Kitt, to Dennis Woods, head of Warner Studios and chairman of Phonographic Performance Ireland. This would have been an exchange hardly worth mentioning were it not for the fact that Kitt was then piloting the Copyright and Related rights Bill 2000 through the Dáil; that this legislation benefited PPI members and that the PPI, one of the organisations most affected beneficially by the act, lobbied the Government strongly."

See also

http://davemarsh.us/?p=951

you all would do us Irish people a favour if you boycotted us while we sort out our country. No more bailouts, please
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Mohsin Ali, 20 Feb 2012 @ 9:35am

Comment
In Pakistan we have already SOPA law passed and our Government has blocked many sites with illegal content.
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Maher Singh, 29 Mar 2012 @ 5:51am

Latest Gadgets
The problem is that the act was drafted by criminals. In a rather famous incident, while the act was being drafted, the member of Parliament piloting the Copyright and Related rights Bill 2000 got a record contract for his son David Kitt through Warner Bros.
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Arsie Organo Jr, 10 Nov 2012 @ 8:14am

Anti-Cybercrime In Philippines
Reading your articles reminds me so much of SOPA and now the temporarily restrained bill here in our country that aims to monitor our online and social activities. I hope our government can be more open and study this act before they pass the bill.
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