I thought Lily Allen was moving into acting, what does she care?
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...to benefit from fighting piracy, but I think without fighting it, British music is going to suffer.
Not sure if this has been posted yet but anyway http://eircombay.com/
Issued on behalf of IRMA.
so has anyone found an online music distro service that pays a fair rate??? per download / per stream i.e last fm / spotify itunes etc.
“The right to be identified with and to reasonably exploit one’s own original creative endeavour I regard as a human right”.OVERWHELMING VICTORY FOR IRISH ARTISTS IN HIGH COURT
“It is completely within the legitimate standing of Eircom to act, and to be seen to act, as a body which upholds the law and Constitution. That is what the Court expects of both individuals and companies.” Mr Justice Peter Charleton
Following the significant decision by Mr Justice Charleton in the High Court today, IRMA and Eircom will now proceed with their graduated response to illegal filesharing which was agreed in February 2009. The decision vindicates IRMA’s position that an IP address refers solely to the network address of a computer and is not personal data when in IRMA’s possession.
The graduated response programme now proceeds to the educational and awareness campaign. International research shows that 90% of illegal filesharers will desist on being notified for the first time by their ISP. The graduated response programme allows for 3 notifications and the ultimate sanction of disconnection will only happen after 3 infringements and after due process.
Speaking after the decision, Dick Doyle, Director General of IRMA said “we are very pleased with this decision today. Resolving this issue has caused 6 months of disruption to the IRMA/Eircom agreement. We will now proceed immediately to implement the full agreement.
Willie Kavanagh, Chairman of IRMA, added “ the whole music industry, including performers, composers and record labels, has been decimated by illegal peer to peer traffic and our losses amount to over €60m per annum. Our industry has lost 40% in sales value between 2005 and 2009 with devastating effects on Artists and creativity. Today’s decision is the first step back towards allowing Artists to make a living again. ”
“This is a landmark decision. The judge’s emphatic and eloquent words will be reported around the world, and be welcomed by musicians, composers, filmmakers and actors everywhere.”U2 manager Paul McGuinness
In his Judgement today Mr Justice Peter Charleton said:
“The internet is only a means of communication. It has not rewritten the legal rules of each nation through which it passes. It is not an amorphous extraterrestrial body with an entitlement to norms that run counter to the fundamental principles of human rights.
There is nothing in the criminal or civil law which legalises that which is otherwise illegal simply because the transaction takes place over the internet.”
On the first infringement, the bill payer at the IP address will be told with their bill that an infringement was detected at such and such a time in respect of a particular song, or whatever, that is subject to copyright. This enables them to reflect on their conduct or to communicate with the rest of their household. On a second infringement, a formal letter is received by the customer from Eircom. This is to the same effect, but it will presumably be couched in stronger terms than the warning with the bill. The customer can only go to level 2 after fourteen days have passed since the first infringement. As I understand it, these communications may also contain information concerning how to keep one’s computer secure from, for instance, the person next door and other continuing education tips. When a third infringement notification is received by Eircom from one of the plaintiffs, after a further fourteen days, Eircom must then review all the evidence. This is done on a human basis; the first two levels operating automatically. A termination notice is then issued to the customer giving fourteen days before cut-off. The customer is then entitled to make representations to Eircom, as the internet service provider, over the telephone or through the internet. The user’s representation is considered by Eircom, not in consultation with the plaintiffs, under para. 2.8 of the protocol. Private matters involving extenuating circumstances, so as to call into play one of the exceptions, or material whereby it is claimed as a matter of fact that the infringement has not taken place at all, must be considered by Eircom. Then, if that does not cause the consequences of the protocol to be diverted or postponed, the customer is cut-off from internet service.
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