Eircom allowed to cut off illegal downloaders

AN important High Court decision yesterday allowing Eircom proceed with cutting off internet access to illegal music downloaders, mainly peer-to-peer music sharing groups, has major implications for all other internet service providers.

Legal sources predict the judgment by Mr Justice Peter Charleton may compel other internet service providers to cut off services to illegal downloaders who fail to heed warnings to desist what the judge described as “theft”.

The judgment arose from a settlement last year of proceedings by four record companies — EMI, Sony, Universal and Warner — against Eircom over the use by others of its services for illegal downloading.

Under the settlement, Eircom agreed to implement measures aimed at stopping illegal downloading, including disclosing to the companies the uploaders and downloaders’ identities through their IP addresses, and ultimately cutting them off if illegal downloading persisted.

Mr Justice Charleton yesterday ruled concerns raised by the Data Protection Commissioner about those measures, including about the rights of access to the internet, did not prevent the measures being implemented.

There was nothing in the criminal or civil law which legalises that which is otherwise illegal simply because the transaction takes place over the internet, he said.

The owners of copyright have the exclusive right to undertake or authorise others to make that work available to the public but that legal entitlement was being “flagrantly violated” by peer-to- peer illegal downloading.

In the circumstances, it was completely within the legitimate interests of Eircom to act as a body which upholds the law.

The firms and Eircom propose a “three strikes and you’re out” protocol for dealing with illegal downloaders. Eircom will give notice to the downloaders their activity is illegal and should be stopped. If it continues, they will be warned they risk having their broadband slowed. If infringement continues, Eircom would send a third warning that their internet access would be stopped and they would be cut off.