Irish High Court: three strikes law not enforceable

Author: Martine Wubben - 14-10-2010

Last Monday, UPC won a lawsuit from Warner Music, Universal Music Group, Sony BMG and EMI before the Irish High Court. The Irish Court held that – while noting that piracy is "destructive" for the creative industries - legislation that allows illegal downloaders’ internet connections to be close off is not enforceable in Ireland.

The ruling begins with an explanation why the current three strikes regime is not enforceable in Ireland:

“It is not surprising that the legislative response laid down in our country in the Copyright and Related Rights Act 2000, at a time when this problem was not perceived to be as threatening to the creative and retail economy as it has become in 2010, has made no proper provision for the blocking, diverting or interrupting of internet communications of those intending to breach copyright.”

Judge Charleton noted that by not having this legislative mechanism in place, Ireland is not in compliance with its obligations under European law. The judge added that the only measures the courts can demand from an internet hosting provider is that it cooperates with request to remove copyright infringing material.

UPC states that "it takes all steps required by the law to combat specific infringements which are brought to its attention and will continue to co-operate with rights holders where they have obtained the necessary court orders for alleged copyright infringements."

Source: Torrentfreak

 

 

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