Categories: Business

UPC wins landmark case against ‘big four’ record labels

The Four Courts, Dublin

UPC has won a legal action taken in the High Court in Dublin today by the ‘big four’ record labels over music piracy on its network.

UPC, one of Ireland’s largest internet service providers, defeated Warner Music, Universal Music, Sony BMG, and EMI Records, with the High Court deciding that a proposed “three strikes and you’re out” rule could not be enforced under current Irish law.

Mr. Justice Peter Charleton admitted that he believed the record labels were being effected by internet piracy: “This not only undermines their business but ruins the ability of a generation of creative people in Ireland, and elsewhere, to establish a viable living. It is destructive of an important native industry”.

However, the judge also said that Ireland’s current legislation did not comply with European law, therefore the “three strikes and you’re out” protocol could not be applied.

In a statement from UPC, the company iterated that it would co-operate with rights holders to combat copyright infringements, but noted that they were not liable for content transmitted through their network.

“UPC has repeatedly stressed that it does not condone piracy and has always taken a strong stance against illegal activity on its network. 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.

“Our whole premise and defence focused on the mere conduit principal which provides that an internet service provider cannot be held liable for content transmitted across its network and today’s decision supports the principal that ISPs are not liable for the actions of internet subscribers.”

The Irish Recorded Music Association director general, Dick Doyle, stated that his office would pressure the Government to reform current law in favour of record labels and their ensuing legal proceedings.

“The High Court has acknowledged that Irish artists, composers and recording companies are sustaining huge losses and internet providers are profiting from the wholesale theft of music.

“The judge made it very clear that an injunction would be morally justified but that the Irish legislature had failed in its obligation to confer on the courts the right to grant such injunctions, unlike other EU states.

“We will now look to the Irish Government to fully vindicate the constitutional rights of copyright holders and we reserve the right to seek compensation for the past and continuing losses from the State.”

It will be interesting to see what ramifications today’s decision may have on last year’s out-of-court settlement between Eircom, Ireland’s largest ISP, and the ‘big four’ record labels, where Eircom agreed to adhere to the “three strikes” policy. Controversially Eircom also agreed to block access to the Pirate Bay, one of the world’s largest file sharing websites, on its network.

Image courtesy of Darragh Sherwin on Flickr.

Albizu Garcia

Albizu Garcia is the Co-Founder and CEO of Gain -- a marketing technology company that automates the social media and content publishing workflow for agencies and social media managers, their clients and anyone working in teams.

View Comments

Recent Posts

With surge in AI-generated code creates security concerns, DeepSources launches trio of autonomous AI agents for DevSecOps 

Autonomous, AI-powered employees are set to begin roaming corporate networks sooner than expected, marking the…

1 day ago

As carcinogenic chemicals from cleaning products hit the headlines, Viking Pure Solutions is protecting employees from harm

Despite the ongoing fight to reduce, reuse and recycle plastics, when it comes to environmental…

1 day ago

Muddy Waters vs. AppLovin: Why Investors Might Be the Real Target

Muddy Waters’ recent short report on AppLovin reads serious. Abuse, violations, an impending takedown. But…

2 days ago

Trump’s Tariff Policy: An Apparent Double Standard for Apple?

Do you know how I knew that Trump would be the 47th President of the…

2 days ago

These travel bloggers have the best tips on how to make the most of your trip to the UK

From Stonehenge to the Tower of London, Buckingham Palace to the Angel of North, there’s…

3 days ago

The science of what we eat: The NYU math grad bringing sustainable olive oil to your kitchen (Brains Byte Back Podcast)

When it comes to what we eat, more of us are asking the right questions:…

5 days ago