Irish ISP Agrees to Three-Strikes Policy for File-Sharers

Eircom decides to landmark settlement to disconnect file-sharers in order to settle lawsuit brought against it by music labels EMI, Sony, Universal and Warner who accused it of not doing enough to combat copyright infringement by its subscribers.

The record industry has won a landmark victory in Ireland after pressuring ISP Eircom to implement a “three-strikes-and-you’re-out” policy targeting illegal file-sharing by its subscribers.

The move is intended as a settlement of High Court proceedings brought against it by the four major record labels, EMI, Sony, Universal, and Warner, who accused it of not doing enough to combat illegal file-sharing by its subscribers.

Using an “independent” company to monitor Eircom’s network for piracy, the record labels will provide the ISP with the IP addresses of users suspected of copyright infringement.

Eircom has then agreed to commence a “three-strikes-and-you’re-out” process in which it will do the following:

• Inform its broadband subscribers that the subscribers IP address has been detected infringing copyright
• Warn the subscriber that unless the infringement ceases the subscriber will be disconnected and
• In default of compliance by the subscriber with the warning it will disconnect the subscriber.

“This is a breakthrough,” said Willie Kavanagh, chairman of IRMA and head of EMI in Ireland to the Silicon Republic. “I think all parties will be happy that’s the end of it.”

“We will talk to the other ISPs in the country to hammer out a similar agreement. This move we believe will increase legitimate downloads as well,” Kavanagh said.

The record labels had initially demanded that Eircom install filtering software such as Audible Magic, but Eircom refused, worried that it would hinder network performance.

“Effectively, a third party will be hired by the labels to find out who are the largest illegal P2P downloaders,” said a spokesman for Eircom. “They will then come to us with the IP addresses of the suspected parties.”

“We won’t reveal the identities of the users, but we will contact them and if they fail to comply we will follow the process agreed with the music industry. Currently the industry pursues these individuals in the court. We will now begin a three-step process that will begin with the issuing of a warning.”

The thing is, customers are now unable to fight copyright infringement claims in court. By settling, Eircom has forfeited the rights of its customers to challenge the evidence against them. All that is needed now to have ones Internet connection terminated is three accusations from a company on the payroll of the plaintiff!

“The labels have agreed to pursue similar deals with other ISPs in the marketplace,” the Eircom spokesman also said.

Ireland’s other ISPs, however, have already voiced their displeasure with the move by Eircom.

“As yesterday’s agreement between Eircom and the record companies was a direct action against Eircom it is not enforceable on Ireland’s other broadband providers,” said Ronan Lupton, Chairman of the Association of Licensed Telecommunications Operators (ALTO).

“While we obviously do not condone illegal downloading or any illegality on or over the Internet, we firmly disapprove of any draconian measures that would compromise the privacy, speed or services offered to broadband users. We do not need measures to further impede the development of next generation broadband in Ireland,” he concluded.

Without agreements in place with other ISPs, this settlement is sure to drive customers to Eircom’s competition who lack such scrutiny by the recording industry.

More importantly, it’s the first time an ISP has opened up its network to copyright holders, and sadly will not be the last.

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