Comments on: The Record Companies vs The ISP – in Ireland!

By: The worst of both worlds – Lex Ferenda

The worst of both worlds – Lex Ferenda — Wed, 06 Jan 2010 21:25:03 +0000

[...] news, Irish Times front page), been settled out of court. For the background to this case, read my original post here, with lots of links to others. The settlement is said to provide for a three-strikes system, where [...]

By: The Blogging Year That Was

The Blogging Year That Was — Sun, 02 Aug 2009 21:07:38 +0000

[...] in the middle of the year. The most popular posts about Irish media and technology law included The Record Companies vs The ISP – in Ireland (written in great haste but relatively comprehensive), and The strange death of criminal libel? [...]

By: Lex Ferenda » BILETA 2008: Intermediaries, Invisibility and the Rule of Law (TJ McIntyre)

Thu, 27 Mar 2008 14:14:39 +0000

[...] legislation after public debate; but in famous cases (Spitzer’s crusade against gambling and music industry litigation against ISPs), this didn’t happen; thus such actions can can undermine existing democratic compromises, [...]

By: Record Companies vs. Eircom: Irish ISP Filtering Case | Dave Kelly :: Blog

Record Companies vs. Eircom: Irish ISP Filtering Case | Dave Kelly :: Blog — Tue, 11 Mar 2008 19:02:29 +0000

[...] The Record Companies vs The ISP – in Ireland! (Lex Ferenda) [...]

By: hp lehofer

hp lehofer — Tue, 11 Mar 2008 17:22:31 +0000

As for the enforcement directive, the issue whether ISPs are intermediaries and whether they may disclose personal traffic data (dynamic IP addresses) to private third parties (such as rights owners) is pending at the ECJ, case C-557/07 LSG; see
http://www.contentandcarrier.eu/?p=238

By: Joris van Hoboken

Joris van Hoboken — Tue, 11 Mar 2008 13:20:11 +0000

I am not sure about that question. It depends on your national law. I am very interested in the answer. In the Netherlands one would have to look at copyright law, general tort law (facilitating copyright infringement by intermediaries has in some specific cases been qualified as a breach of the legal duty of care) and the implementation of the Directive. There has been some recent discussion about filtering, but there is no case law. I do not know of other cases except for the SABAM case. For some perspective, it could be interesting to look at some US case law with regard to filtering and First Amendment treatment of overinclusive and underinclusive filters. See for instance the COPA case law, http://www.paed.uscourts.gov/documents/opinions/07D0346P.pdf

By: Daithí

Daithí — Tue, 11 Mar 2008 12:40:24 +0000

Hi Joris! Been thinking about that today especially in the context of SABAM. I wonder if you’d have to prove that the ISP had actually infringed (or was threatening to infringe) in order to get the order involving filtering – what do you think? Can you find any other situations other than Belgium where this has been litigated directly – I can’t….

By: Joris van Hoboken

Joris van Hoboken — Tue, 11 Mar 2008 12:36:37 +0000

Hi Daithí,
Article 15 of the Electronic Commerce Directive should be read in conjunction with some of the recitals, some of which were added to the directive in a later stage, for instance recital 48 and 46. 48 seems to imply the possibility of a court order directed at the ISP to prevent further infringements. 46 points to freedom of expression. You can find some discussion in Julia Barceló 2000, Online intermediary liability issues, E.I.P.R.

By: taint.org: Justin Mason’s Weblog » Irish ISPs in record company crosshairs

Tue, 11 Mar 2008 10:47:16 +0000

[...] other blog coverage: Lex Ferenda with some details about the legal situation, and Jim [...]

By: Daithí

Daithí — Tue, 11 Mar 2008 10:20:21 +0000

How relevant is the Sabam v Tiscali case from Belgium? (Link is to a PDF translation as provided by TJ McIntyre). I think there are huge problems with the reasoning in this case (although some of my objections could be due to translation, so it's a tentative slamming rather than an unconditional one), and some of the key points (such as the impact on freedom of expression) are barely acknowledged. However, there are certain similarities in the mix so it's worth reading, especially for what it does with Article 15 of 2000/31...