Three unproven accusations and you’re out – why the Eircom / IRMA deal is bad for internet users
January 29th, 2009
The internet is abuzz (Irish Times | EFF | ars technica | Boing Boing) with the news that Eircom and the record labels have reached an out of court settlement in which Eircom has agreed to implement a “three strikes” regime for disconnecting people accused of filesharing. In return, the music industry has dropped its demand that Eircom apply a filtering system to its network.
It’s undoubtedly a good thing that the idea of filtering has (at least for the time being) been dropped – and in case you’ve forgotten, here’s why it’s a bad idea. But this new three strikes system has the potential to be just as bad. Why?
It’s unreliable. The company which the Irish music industry used in previous cases to identify filesharers – MediaSentry – has a track record of false accusations and in fact was recently found to be operating illegally in several US states. As a result the music industry has now dumped MediaSentry and has turned to Danish firm Dtecnet – but the inherent unreliability of this process remains.
It’s secret. We normally expect rules to be made in public, to be accessible to citizens and to be applied publicly. In this case, though, the settlement is private to the parties and we don’t know how it will be implemented by Eircom. Do you expect the right to challenge evidence in court? Perhaps a right to appeal? Tough. On the face of it the music industry and Eircom will between them act as judge, jury and executioner.
It’s undemocratic. The European Parliament has already rejected a similar plan to disconnect individuals based on mere accusations. In other countries where three strikes has been discussed there has been public input via legislatures and public consultation. (And in the UK the democratic process led to three strikes being shelved.) Here, however, the music industry is trying to foist the system onto ISPs while sidelining the Oireachtas and the democratic process.
It’s disproportionate. Daithi makes this point well:
The present-day Internet includes communication (email), socialising (IM, social networking etc), media consumption (websites, blog, streaming, etc), media creation (ditto), access to Government services, online commerce, etc. Now imagine that the sanction for a, let’s face it, relatively minor crime (copyright infringement, while economically significant, is hardly manslaughter), includes no use of the postal services, highly limited access to shops, no permission to read a newspaper, reduced ability to use public services or get public information, and more. That’s no minor sanction. Indeed, most prisoners can get things like reading material and send and receive letters! Not to mention that a Net disconnection has an impact on family members and others.
It will affect innocent third parties. Internet connections are not generally unique to an individual. Instead they’re shared – amongst families, flatmates, etc. But this system will mean that others will suffer based on the alleged wrongdoing of another. As the Open Rights Group points out:
if Dad gets the connection cut off … suddenly Mum can’t run her business from home, and the kids can’t get access to the Web to do their homework.
Entry Filed under: DRI, Intellectual Property
27 Comments Add your own
1. Martin Butterworth | January 29th, 2009 at 4:45 pm
In theory a great idea for stopping illegal file sharing.In practise will it be those sending or receiving that are disconnected.With 3 -strikes and your out nobody will stop until cautioned at least once which will take enormous resources to implement.
I don’t expect to see thousands having their I.S.P withdraw their services
2. Michael Walsh | January 29th, 2009 at 6:43 pm
Ben Verwaayen, when he was CEO of BT, spoke at the CISAC Copyright Summit and told a room full of rightsholders that their business models were broken and it wasn’t his place to prop them up but that he was willing to work with them to build new ones:
http://www.cisac.org/CisacPortal/CopyRightSummit/video.php?v=3&q=750
Eircom need to grow a pair!
3. didier | January 30th, 2009 at 1:09 pm
Are we connected or socially disconnected…
I personally believe that technology has reduced our social capital—the relationships that bind people together and create a sense of community. Consequences include decreased civility, loss of behavioural boundaries and increased crime. We must find ways to deal with our profound loss of social connectedness.
Even though technological advances have contributed significantly to the problem of isolation, the emphasis on individualism in today’s society has compounded it.
4. minion35 | January 30th, 2009 at 1:25 pm
Hey this wont just effect music pirates. When eircom decides to monitor all p2p traffic for big brother and cut off any one that impedes their 3 strike and your out system, it will also infringe on many linux users who rely on p2p traffic in order to download patches and operating systems through legal peer to peer traffic. This is once again big brother trying to control a technology they dont understand.
5. Emeralddragon | January 30th, 2009 at 1:55 pm
I have already contacted my local representatives to recommend an “Internet tax” as an alternative to this kind of 3 strikes rubbish. Id much rather pay a yearly rate of about 25-30 euro a month rather than get disconnected for no reason.
I use linux a lot and as such use p2p on a regular basis as the latest distros are using p2p for updates almost exclusively. If it meant staying online and feeling safe from baseless accusations Id gladly pay a small stipend so what do you guys think about it.
I will mention that they are trying to bring in such a tax in the UK as well.
6. BaLD | January 31st, 2009 at 6:57 pm
1 no tax the big four make more than enough money to receive more just for having an internet connection.
2. The big 4 have them self to blame for hanging on to outdated business model. when napster kicked off originally. they should have offered a legal alternative instead they wait for apple to provide iTunes . and then overprices the content laced it with Digitial Restrictions management. and poor quality and blocked access to content if your not with in certain countries.
3. Traffic management company Ipoque has just released a whitepaper, detailing pros and cons of different methods of dealing with piracy on P2P networks. which prove they do not work read it here http://torrentfreak.com/anti-piracy-measures-dont-work-report-shows-090129/.
4. the record lables have NEVER provide evidence to back up there so called losses. fail to take into account that videogames and movies are now far more popular forms of entertainment.
5. Commissioned by the Dutch government, a recently published report concludes that file-sharing has a positive effect on the economy, both on the long and short term.
http://torrentfreak.com/economy-profits-from-file-sharing-report-concludes-090119/
6. this is yet another bulling and scare tact the the big are using after the 40,000 plus lawsuits failed to stop P2P usages.
7. Pirates are always 1 step ahead encrypted p2p techniques to prevent tracking is being used. there fake uploaders used to track downloaders are quickly discovered and banned. more so on bittorrent networks.
8. P2P is 1 of thousands of way to share files. one goes 10 more pop up to choose from.
7. NOmoreIRMA | January 31st, 2009 at 7:13 pm
one more point is that figures show that less than 10% of p2p usage is music.
less again is pirated.
if you own all the the Beatles records on vynil . you have already payed for it so why should you have to pay the same record labels again so you could play it on an mp3 player. fair use should apply. like wise once you buy an mp3 form itunes you be able to re downloaded it again any time free.
SW and video games companies provide this option.
if my copy of avg sw broke I don’t need to re-buy simply re downloaded.
8. john | January 31st, 2009 at 7:32 pm
Just had an idea, is Eircom even legally allowed to act in this way? If you are downloading something illegally and Eircom cut you off aren’t they dispensing justice? The only institution allowed to do that in this state is the justice system in the shape of the Gardai and finally the Courts after a case has been put to them involving both sides of the case being heard
It is only after a court has found you guilty that you legally are guilty up until then you are totally innocent of anything. So if Eircom write you to accusing you of downloading illegally (stealing) and no court has ruled that you have done this, isn’t that libel?
9. Emeralddragon | February 1st, 2009 at 9:32 am
Eircom are allowed to disconnect you as they are safely covered by their ToS. If you do anything that they deem to be in breach of the ToS then they can do whatever they feel like to your connection.
I dont like the idea of paying extra for the right to have a net connection especially if the music labels get the money but I also dont like the idea of myself and others being disconnected for no good reason.
Also BalD Ive read the little bits you linked to and more and I have contacted my local government representatives with several alternatives so hopefully something can be done. Maybe if a few more people tried to do the same we could get this fixed soon.
10. Bald | February 2nd, 2009 at 12:15 am
Emeralddragon everyone should also get everyone to boycott IRMA. by not buying any music release by SONY Warner universial and EMI, if you need a quick guide to see which cds are theirs use http://www.riaaradar.com/.
people need to know to only support their “artists through concerts and offical gear” after all for the most part the major labels claim 94% of records sales.
i have not bought a cd from an IRMA (RIAA,ifpi, BPI) member in six years and recommend everyone dose the same.
torrentfreak has written a followed up on the Eircom screwing their customers . with the your guilt prove your not deal with IRMA.
http://torrentfreak.com/why-the-ifpieircom-anti-piracy-deal-sucks-090131/
also an another important issue which must be stopped is
In a few weeks time, members of the European Parliament will vote on the Medina report, which proposes a wide range of anti-piracy measures and regulations. The report specifically mentions The Pirate Bay, and it approves actions by national courts against the popular BitTorrent tracker.
this is yet another law that IRMA BPI, MPAA,IFPI are demand and bribing goverment officials to get past.
linkhttp://torrentfreak.com/eu-plots-pirate-bay-ban-and-piracy-clampdown-090201/
11. martin | February 2nd, 2009 at 12:32 am
Does anyone know is this specifically for music down loads or does it cover TV shows/films too?
12. Bald | February 2nd, 2009 at 1:09 am
mainly music since there the ones having the main issue with p2p but once it music industry got their way the movies studio prop be quick to follow despite i having record profits world wide.
tv shows is a grey area after all is there really a difference between recording lost off rte or downloading it off the internet.
I can see the more intellient downloaders moving to the “darknet” and other means to avoid their tracking techniques.
also should point out if hollowood had their way in the past. the vcr would not existed and they would not have had made the billions they did for it. after all in around 2002 the mpaa made est 25 billion dollars from dvd sales alone.
P2P is not a treat. they just dont want people to have free access to content.
after all they love re releasing the same albumens a year or so later with a bonus track which puts the price up by 40%.
IF they got together the could turn p2p into the next largest profit system for them. they charge a monthy fee where you download what you want with all money going to them. they could cut all retailers, and distributors out and watch the profits role in.
13. martin | February 2nd, 2009 at 6:55 pm
I think the approach of the TV companies are a bit more enlightened. For example If you are in America you could go to the main web site of your favorite TV show and stream it off the net legally albeit with a few ads, but that’s ok. i think it’s only a matter of time before they realize that they can sell adds region by region even potentially down to neighborhood by neighborhood. It’s the same with BBC’s I player.
You could say that they are loosing potential income from TV broadcasters, but I’d say in a few years the TV companies like HBO and Showtime may realise that they don’t really need a middle man and start selling direct to the consumer.
They could also be said to be loosing out on DVD sales but i think they realize that a low quality stream is vastly different than a DVD/Blueray box set It’s like reading a really nice hard back book vs reading a cearalised version in a newspaper on one level it’s the same and on another it’s totally different
14. Bald | February 3rd, 2009 at 10:05 pm
Ireland should take note
Germany has joined the UK and said NO to the 3 strike law
The German Department of Justice has met with German ISPs and one clear conclusion was made: Three Strikes laws are “incompatible with German pirvacy and telecommunications laws.”
In response, the IFPI said Germany would possibly face a competitive disadvantage against other countries that are still debating enacting the laws.
Germany’s Secretary of Justice Brigitte Zypries added:
“I don’t think that (Three Strikes) is a fitting model for Germany or even Europe. Preventing someone from accessing the Internet seems like a completely unreasonable punishment to me. It would be highly problematic due to both constitutional and political aspects. I’m sure that once the first disconnects are going to happen in France, we will be hearing the outcry all the way to Berlin.”
15. Insite Law Newswire: 8th &hellip | February 8th, 2009 at 11:05 am
[...] (c) Australia, Scotland, Ireland and other jurisdictions Australian Gay and Lesbian blog: World’s first lesbian PM 101 Reasons to Kill All the Lawyers: #50 They have no Pity Absolvitor: Amen you’re sacked Cearta.ie: Proprietary Restitution Digital Rights Ireland: Three unproven accusations and you’re out – why the Eircom / IRMA deal is … [...]
16. Michael Walsh | February 23rd, 2009 at 9:34 am
Eircom takes it to a new level – now talking about blocking websites:
17. Michael Walsh | February 23rd, 2009 at 9:38 am
Whooops! I had included the URL in the
18. Internet freedom in Irela&hellip | February 23rd, 2009 at 4:35 pm
[...] case brought against Eircom by the IRMA has reached an out-of-court settlement as reported by http://www.digitalrights.ie: The internet is abuzz (Irish Times | EFF | ars technica | Boing Boing) with the news that Eircom [...]
19. Brian Maher | February 24th, 2009 at 3:37 am
I’m appalled by this decision and think more needs to be done.
I will promote the cause where ever possible and promote digital rights.
It is only a pity that it comes to individuals fighting for rights since the government will not respect the rights of the people without a fight from organisations such as Digital rights Ireland.
20. CaptSolo | February 24th, 2009 at 9:42 am
People in New Zealand were fighting a similar legislation by their government and were successful in getting the legislation delayed.
They have a good webpage which is worth a look:
http://creativefreedom.org.nz/blackout.html
21. Neil | February 26th, 2009 at 1:02 am
This sort of censorship is an outrage!
This is Ireland, not China – somebody should inform Rex Combe (Eircom CEO) and IRMA
22. Digital Rights Ireland &r&hellip | February 26th, 2009 at 6:36 pm
[...] like we got it wrong. When we wrote about the deal between Eircom and the music industry we believed (as the early reports seemed to say) that it only involved a “three [...]
23. Eircom, IRMA & Blacko&hellip | February 26th, 2009 at 9:03 pm
[...] All this comes in addition to the agreement that after 3 allegations of copyright infringement through illegal file-sharing, a user’s Internet connection can be disconnected. Again, Digital Rights Ireland have details of why they see this as a bad deal for users. [...]
24. Graduated response now de&hellip | April 21st, 2010 at 10:10 am
[...] an update as such, but Digital Rights Ireland published a post last year on why the graduated response agreement is bad for internet users. It still [...]
25. Cathal | May 24th, 2010 at 12:13 pm
Emeralddragon: Why should I pay a tax to the music companies if I have no interest in what they produce? Where does the ideas of a free market fit into giving music companies a fixed income?
26. Luego de SOPA y PIPA ¿qu&hellip | January 20th, 2012 at 5:48 pm
[...] llegaron a un acuerdo extrajudicial según el cual Eircom filtraría contenidos bajo un sistema de tres strikes (a la tercera infracción desconectarían al usuario) (ver la nota de prensa sobre el acuerdo [...]
27. View Web Page&hellip | April 8th, 2013 at 4:00 am
View Web Page…
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