Home Forums Business and Legal IRMA take ‘action’ against filesharers Reply To: IRMA take ‘action’ against filesharers


Mmh… Not wanting to appear too boring with legal mumbo-jumbo et al., but there’s at least two major hurdles to this going anywhere in Ireland:

1) UK case law (previously discussed in the thread in respect of the ongoing ‘City of Heroes/Marvel Comics’ infringement case), which although not binding on IE Courts will in all likelihood be followed as having ‘persuasive character’. Note that US case law does not have such ‘persuasive character’ (thinking here about the current AMPAA litigations), or that it would in any case be much more limited than European decsions.

2) with regard to ISP ‘leaking’ details of P2P users, the European Human Rights Act under which such passing of information would undoubtedly be found to constitute a breach. Further, Internet connection suppply contracts (of the ISP to the P2P user) may also contain clauses against such disclosure, which the ISP would be breaching if satisfying the IRMA.

There’s no doubt that obtaining copyrighted material (and/or protected by any other type of IP) under conditions not accepted by the rights owner, e.g. against just retribution (=infringement), should be punishable as intended by Statutes.

However, bear in mind (and so will Courts) that:
a) P2P networks do not exist for the sole purpose of exchanging/distributing pirated material.
b) And ISPs do not provide or administer P2P networks.

To sum up (and let my cynicisnm break free for a short while) – either the IRMA is paying its’ dues to its American counterpart (i.e. doing it’s bit in it’s respective jurisdiction),
or they’re just p*ssed at not getting their (full) pound of flesh,
or they’ve found a convenient excuse/opportunity to blame wrong revenue projections on something else than the weather for a change,
or they’re scared of having to accomodate their business model in respect of technological adoption increasingly outstripping traditional retail methods (and it’s not as if Amazon hasn’t showed them how it’s done for the past few years, though)
or any combination of the above…

I shall follow with interest, and analyze for benefit of the Group/Forum as and when anything further happens – funnily enough, I’ve not heard of this at work through the usual grapevine, but would have expected to, given the topic…