Minister for Research and Innovation Sean Sherlock has said government has plans to tackle abiguities in copyright law to make ISPs more accountable for traffic on their networks. The move marks an important step in protecting rights holders and modernising Irish copyright law.
Last year, record labels EMI, Warner Music Ireland, Sony BMG and Universal Music Ireland initiated procedings against UPC as it refused to implement a ‘three strikes’ law that could see sers have their Internet access cut off for repeat copyright infringment. UPC refused to comply with EMI’s requests but a subsequent High Court judgement found there was no basis in Irish law to prosecute service providers for allowing access to websites where material is shared without the consent of the rights holder.
Eircom reached an out-of-court settlement with the major record labels through recording industry body IRMA to identify persistent file sharers identified and subsequently warned their conduct was being monitored and in violation of copyright law. It is unclear how many eircom customers have had their service cut off for seven days following a third violation. UPC was the first ISP to challenge the three strikes proposal in court, and the decision by Mr Justice Charleton effectively stopped any lititgation against other service providers.
Minister Sherlock said: "The Government is proposing to introduce a Statutory Instrument (SI), to redress the situation highlighted by Justice Charleton, by providing for injunctions for copyright owners against intermediaries whose services are used to infringe their copyright."
In granting such injunctions the Courts must take account of Court of Justice of the European Union Judgements. They require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and right of freedom of expression and information."
Legislation is expected in mid-January.
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