eircom has recently confirmed that it will continue to implement a graduated response protocol in respect of customers engaging in illegal file sharing as previously agreed with the Irish Recorded Music Association (IRMA).  After the recent UPC judgment, whereby the court determined there was no legal basis to require UPC to enter into a similar arrangement, some doubt was cast as to whether Eircom would continue implementing the protocol.

eircom have stated that “the company believes that it has a duty to ensure that the rights of artists and the laws of the state, including copyright law, are upheld, and to take action when illegal activity is brought to our attention.” 

The purpose of the protocol which is being implemented by eircom is to reduce illegal copyright infringement.  In accordance with the protocol, IRMA notifies eircom of the IP addresses of individuals who have been engaging in illegal file sharing and provides eircom with evidence of the illegal activity.  eircom notifies its customers of the copyright infringement, advising that such activity is in breach of the terms and conditions of their broadband service.  Should the customer continue illegally file sharing a second warning letter is sent advising that, unless the illegal activity is ceased, the customer’s service will be suspended.  Upon a third notification of infringement, eircom will write to the customer once more and proceed to withdraw the customer’s broadband for seven days.  The customer is also warned that if they continue to engage in the illegal activity their broadband will be disconnected for twelve months.

In light of the recent UPC judgment, it is likely that legislation will have to be enacted in order to introduce a mechanism to require internet service providers to block or divert traffic between internet users who engage in illegal downloading.

For further information, please contact David Cullen and Marie McGinley of our Technology & Commercial Contracts department.