Posts Tagged ‘digital rights’

On IRMA and Eircom and everyone else

Monday, February 23rd, 2009

The Sunday Business Post yesterday published an article claiming that the Irish Recorded Music Association are to start looking for court orders for Irish ISPs to start blocking their customers ability to view or download from websites that they specify. The first site on the list is of course the infamous Pirate Bay. And, on the back of their recent agreement with the music industry Eircom, who run adverts with the proclamation “download movies faster”, have announced that they will roll over and play nice, refusing to challenge any request.

Of course, the response has been uproar. Personally, I also hate it. The idea of not being able to go online without someone peering over my shoulder to see where I am doesn’t sit well with me.

But what can be done about it? Or who can do anything about it?

Is it simply enough for customers to walk away from Eircom? If this was an issue with a single provider I would say yes, but this would be a legally binding order placed against all ISPs unless (until?) challenged or overturned.

Can we expect any of the other ISPs to challenge the proposals? This one is a wait and see, but I won’t be holding my breath.

I am almost certain it is not reasonable to expect the Irish Court system to look for any kind of proof or reasoning behind a request for any particular site to be blocked. I’d expect to see Hell nominated as a location for the Winter Olympics before that happened.

But mores the point, is it legal? Since IRMA need to work through the courts, would it not be the courts ordering the ISPs to block access? And if so, is not not very similar to a case overturned in September of last year in Italy, also involving The Pirate Bay?

No answers here, I’m afraid. Which leaves one last question – will someone need to step up to the plate to find out, or will we wait, sit back and see how it plays?