Tech Law - Lessons from EMI v UPC case
18 April 2011 15:53
In October 2010, the High Court ruled on the copyright infringement case brought by a number of music labels against UPC. The music labels were attempting to force UPC to disconnect infringing subscribers by applying the "three strikes" graduated response applied in other jurisdictions. The High Court, while very sympathetic to the application by the music industry, ruled that the courts did not have the power to force any ISP to impose restrictions in any of their users. This was due to the improper implementation of the e-Commerce and Copyright Directives into Irish Law by the Irish government.
Accordingly, it is anticipated that the new government will introduce new legislation that will provide for the proper provision for the blocking, diverting or interrupting of internet communications intent on breaching copyright. However, this legislation will need to be carefully scrutinised to ensure that it does not have broader-reaching consequences than those intended.








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