Comments on: ISPs Ordered to hand over user details – users not notified of case or given chance to make submissions

By: Lex Ferenda » The Record Companies vs The ISP - in Ireland!

Lex Ferenda » The Record Companies vs The ISP - in Ireland! — Tue, 11 Mar 2008 00:47:00 +0000

[...] Today’s news about the case being brought by a number of Irish record companies against Eircom (the former State-owned telco and still a very significant player in voice, broadband and other services) is unexpected in terms of its timing, I suppose, but also long ‘overdue’ in that it has been discussed and wondered about for some time. Of course, we have (muddy) history on musicos v ISPs when trying to get subscriber data but this case is different – it’s the ISP itself that is the sole defendant. [...]

By: Lex Ferenda » Pro-Music?

Lex Ferenda » Pro-Music? — Mon, 04 Feb 2008 12:18:01 +0000

[...] The Irish caselaw on this point is an ex tempore decision, EMI v Eircom. The position here is thus that details can be handed over with a court order. I wonder if there is any scope for a future case along similar lines being heard in the context of the more detailed criteria set out by the ECJ? Certainly, the situation in that case was not a satisfactory hearing of all the legal issues (including the fundamental rights or proportionality impact) that one would think that the ECJ’s line would now demand. (However, if I understand it correctly, the court’s power to grant such an order is a common law one (albeit in the context of the copyright offences where they exist), not flowing directly from copyright law nor from the EU directives as implemented domestically?) Content and Carrier IP KittenOutLawTechnollama [...]

By: Damien Mulley » Blog Archive » It could be you! Or me - IRMA on the warpath again

Thu, 07 Jun 2007 21:35:51 +0000

[...] Update: Commentary from Digital Rights Ireland. Older commentary 1 Older commentary 2 blogging blogs ireland irishblogs [...]

By: Digital Rights Ireland » 23 Filesharers to be Identified - But Concerns Remain

Thu, 07 Jun 2007 21:13:02 +0000

[...] We’ve already pointed out that the procedure used to obtain user identities is unfair and the tactics which have been used by the record industry have been found to be illegal in other jurisdictions. Also, the approach taken by the music industry raises concerns about the proportionality of the damages they seek and the reliability of their evidence: * Most home networks are wireless these days, and most of those are unsecured. How can they tie the IP addresses they receive with any particular person? * Claims for lost income must be based on specific evidence of loss. Why have they never released their basis for calculating the claimed damages? [...]

By: Shane

Shane — Fri, 06 Oct 2006 09:33:06 +0000

Mr Justice Hannah of the High Court ordered discovery yesterday, albeit of a narrow category, against an ISP in the defamation action of Maguire v Gill. No representative of the ISP were present in court when the application and the order were made.

By: Simon McGarr

Simon McGarr — Thu, 16 Mar 2006 15:50:31 +0000

While we’re not privvy to the workings of these cases, we can say that according to IRMA, only a small number of the cases from the earlier disclosure of names have failed to settle.

To the best of anyone’s knowledge, none of those have come to court yet.

By: Shane

Shane — Thu, 09 Mar 2006 14:54:25 +0000

Have any of the people who were named in this case challenged or fought the allegation?

By: Digital Rights Ireland » DRI is looking for your support

Digital Rights Ireland » DRI is looking for your support — Fri, 10 Feb 2006 15:20:34 +0000

[...] We have intervened in the filesharing debate to speak up for the privacy rights of innocent parties. We have also attempted, with some limited success, to inform the courts of relevant precedent. [...]

By: Wolf T. Flywheel

Wolf T. Flywheel — Thu, 02 Feb 2006 14:10:58 +0000

It is also disturbing that the US – much renowned for their respect of fundamental human rights have a higher standard of care imposed on the music rights lawyers.

By: Wolf T. Flywheel

Wolf T. Flywheel — Thu, 02 Feb 2006 14:08:24 +0000

Is there anyone from the first tranche of targetted people who is challenging the release of their information at this stage?

As regards the judge’s comment that the information ought to be handed over to the police for criminal prosecutions, if they could sustain a prosecution for theft then the data protection act would effectively evaporate as information required to support the detection of/prosecution of a crime can be provided to the law enforcement authorities under the existing legislation.

Of course, that is the issue – Criminal prosecution would require a higher burden of proof to be met and it is easier to scare a wider consituency with a threat of civil action.

But if Copyright Theft is a crime, (hands up who remembers vinyl?) why not just charge the people in question and let the criminal system take over?