Judge tells internet providers to hand over subscriber details in piracy case

A HIGH COURT judge yesterday ordered Eircom and two other internet service providers to provide details of subscribers to allow a number of music companies to take legal action against 49 persons they believe are illegally uploading thousands of music tracks to file-sharing networks.

In only the second case of its kind, Mr Justice Peter Kelly ordered that the internet service providers should disclose the names, addresses and telephone numbers of the 49 holders of the Internet Protocol numbers identified by the music companies.

The judge also said illegal uploading of music to the internet was “simply thieving”. He said it may be a modern form of thieving done in one’s own house but it was thieving. Mr Justice Kelly said there was evidence that what was going on was “on a very substantial scale over a lengthy period of time”.

He said it was clear that there was “serial” activity going on involving the uploading of a minimum of 500 to a maximum of 5,000 songs over a period of days.

At the Commercial Court Mr Justice Kelly ordered that Eircom, BT Communications Ireland Ltd and Irish Broadband Internet Services Ltd disclose to four record companies the names, addresses and phone numbers of the 49 persons.

He noted an undertaking by the record companies that the information would be used only for the purpose of seeking redress for alleged infringement of the copyright of sound recordings.

The orders were sought by EMI Records Ireland Ltd, Sony BMG Music Entertainment Ireland Ltd, Universal Music Ireland Ltd and Warner Music Ireland Ltd, all members of the Irish Recorded Music Association (IRMA), who between them claim to supply 78% of the pop music CDs sold to Irish consumers.