Tarmle ([info]tarmle) wrote,
@ 2009-06-22 16:59:00
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Entry tags:censorship, copyright, internet, ireland, irma, music, net neutrality, rant, riaa, technology, three strikes

Dark Days Ahead for Irish Internet Users
Just to catch you up. This year my ISP, Eircom.net, settled a dispute with the Irish Recorded Music Ass. (IRMA) who had taken them to court over illegal file sharing. The claim was that Eircom were complicit in the illegal activities of their users. the evidence against them included internal emails showing Eircom execs joking about copyright infringement.

The out of court settlement, so far as anyone can tell, is entirely one-sided. Eircom have agreed to institute both content filtering - censorship by any other name - and a three-strikes rule - very like the situation promised by the recently defeated EU Telecoms Package. The Industry Ass. will put forward to the courts websites and online services that they feel need to be blocked in Ireland to protect their profit margins and Eircom have agreed not to contest any of them. A sorry little MediaSentry wannabe called DTecNet is in place to monitor internet users and provide accusations which Eircom will be asked to act upon by disconnecting those accused without any room for appeal. Remember, this is the same monitoring technique that lead the RIAA to sue a woman who did not even own a computer! Also keep in mind that this is a private arrangement, there is no public consultation, no democratic or judicial process, no tests for legality or constitutionality. This is the Recording Industry successfully inserting a de facto law without any need to lobby politicians or campaign for public support.

Fine, I'll ditch Eircom in a heartbeat, and I'll be sure to let them know exactly why I, and no doubt many other customers are jumping what has become the Recording Industry patrol boat to man the cruise liner across the dock. I'm thinking I'll sign up with UPC, an international company that bought out NTL and Chorus and that offer better stats for a similar price.

But there's a problem...

Since their success with Eircom the Irish Recorded Music Ass. has been sending threatening letters to all the other ISPs operating in the country (and a few that aren't ISPs at all) offering the same arrangement they offered Eircom and backed by the same threats of legal action. In fact both BT Ireland and UPC are already facing legal proceedings over this.

Eircom is the largest telecoms operator in the Republic, the one-time monopoly holder, their pockets are as deep as they get in the local industry. Even they could not face the legal avalanche that the Recording Industry promised to drop on them - appeal after appeal, case after case. Eircom have a maximum possible consumer base of maybe 2 million households and businesses. Subtract from that the customers who have taken up offers from other companies. What's left does not look like much when placed before the international cartels that are applying monetary leverage across the fulcrum of IRMA. All the other operators here are smaller than that, or at least have a smaller stake in the already tiny market. Even BT will probably settle before the cost of legal activity outstrips their profit margin. It seems we're about to find out.

How can anyone select a new provider when it looks like they'll all end up in exactly the same situation?

UPC have publicly stated that they have no intention of folding before the threats. In their own words "UPC intends to vigorously defend its position in court." And this is exactly the stance that lead Eircom to court in the first place. And look where they are now.

Angry yet?




(3 comments) - (Post a new comment)


[info]shockwave77598
2009-06-22 05:40 pm UTC (link)
Go ahead and cancel and give you business and money to UPC. Sounds like the only thing IRMA had going for it was execs joking amongst themselves.

(Reply to this) (Thread)


[info]tarmle
2009-06-22 06:47 pm UTC (link)
Except that now I have to wait for the outcome of this IRMA vs. UPC case to find out if they're going to hold up any better than Eircom. And the problem there is that the Recording Industry isn't going to take the first 'no' as an answer and will keep coming back, possibly for years, until one of them runs out of money for lawyers. Guess which one that will be.

It's the same tactic used against people accused of file sharing in the US: offer the choice of a settlement or prosecution to people who cannot afford to defend themselves in court. Even if the accusations are false they'd end up bankrupting themselves just trying to make their case. This wouldn't work against telco's in the States because the ones that matter are too big to go after. But here in Ireland the biggest of them are relatively tiny and in real danger of running out of money before IRMA do.

As for the so-called evidence against Eircom, in the end it just didn't matter what they had because they settled out of court.

(Reply to this) (Parent)

Blackout Ireland
(Anonymous)
2009-06-29 02:24 pm UTC (link)
Contact pr@blackoutireland.com
We're an organisation dedicated to prevented Irish internet from being damaged by IRMA's actions.

(Reply to this)


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