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Many ISPs worldwide - including Eircom - have been forced to block the Pirate Bay website, which is regularly used to share copyrighted materials like films and music.

European court makes it illegal for ISPs to block blanket file-sharing

In what is being hailed by internet providers as a landmark ruling, the European Court of Justice says ISPs cannot ‘filter’ content.

Updated, 16:02

THE EUROPEAN COURT of Justice has this morning ruled that it is illegal for countries to force internet providers to block illegal filesharing on a blanket basis at their own expense.

In what is already being described as a landmark ruling, the European Court of Justice found that EU law precludes governments or courts from requiring internet service providers (ISPs) to place blanket blocks on the sharing of copyrighted material.

The ruling related to a long-running dispute between a music copyright group in Belgium, SABAM, which in 2004 was granted an injunction requiring a local ISP, Scarlet, to make it impossible to share music in its repertoire.

The matter was appealed in Belgium who referred the matter to the European Court of Justice, who this morning found that the injunction – requiring the installation of expensive filtering mechanisms – unfairly infringed Scarlet’s freedom to conduct its business.

The Internet Service Providers’ Association of Ireland welcomed the ruling, which it said was particularly relevant in Ireland given how the government had planned measures to impose similar measures in Ireland.

Enterprise minister Richard Bruton had proposed a Statutory Instrument which was intended to bring Ireland in line with European directives on copyright and e-commerce, but which ISPAI said could allow for the mass blocking or filtering of internet traffic.

“The eventual introduction of a graduated response system [was] not inconceivable in these conditions. Today’s ruling will certainly set limits on this,” ISPAI said.

The association said that while it condemned the improper use of members’ networks, it had advocated the development of other systems which could exploit the internet to distribute music on a legal basis.

“If measures were to be imposed on our members, they should never interfere with their freedom to conduct legitimate business or force them to expend unreasonable costs,” ISPAI said, describing the ruling as a “landmark judgment for the digital age”.

The ruling does not necessarily mean that ISPs who currently block some filesharing measures – such as Eircom’s court-ordered block on The Pirate Bay – will restore access to those sites, however.

The ECJ ruled that the order was only illegal under EU law when it applied “indiscriminately to all its customers, as a preventive measure, exclusively at its expense, and for an unlimited period.”

It also said that copyright holders were still free to seek injunctions from ISPs in order to stop access to their material if it had been shared in an unauthorised way.

Dick Doyle of the Irish Recorded Music Association, whose action brought about the Eircom situation, said the case “reinforces what we’re doing”.

The IRMA action with Eircom resulted in a “graduated response” situation, while the European ruling had specifically said a filtering system – which required constant monitoring of the content being transmitted across networks – was against its directives.

“This certainly reinforces, and even strengthens, our work in this area,” Doyle said.

Last month the High Court in London laid down a similar precedent the Eircom example when it  ordered BT to block access to the Newzbin2 site, which facilitated the sharing of copyrighted movies.

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63 Comments
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    Mute Martin Stapleton
    Favourite Martin Stapleton
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    Feb 22nd 2016, 8:12 PM

    Hey,
    I’ve listened to debate after debate and interview after interview because you see, I spend a lot of time on the road listening to the wireless because like so many I also have to keep up to the never-ending taxes now being paid by the likes of me in order to cover the huge pensions, inflated salaries, tribunals and post codes etc that some pencil pusher decided would be good craic and I can honestly say the Country is in real danger.
    People are worn out, worn down and fed up listening to lies upon lies and streams of bullshite coming from the mouths of want to be legislators when all they need to do is be honest. Call a spade a spade so to speak.
    Look! It’s fairly simple …. Fair play to all candidates for stepping forward but unless there is a will to change the status quo within the permanent government you will not get anything done, no matter what party or ideal you represent.
    So, forget the spin please. Tell us that you will absolutely do something with this layer of poisoned crust and I will give you my vote.
    Yours sincerely,
    Pissed off tax payer.

    277
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    Mute Damien McDaid
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    Feb 22nd 2016, 8:15 PM

    Ah, its a grand wee country altogether.

    42
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    Mute Peadar Ó Gréacháin
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    Feb 22nd 2016, 8:17 PM

    I thing its Hugh’s turn, to head to the home County.

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    Mute Kieran OKeeffe
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    Feb 22nd 2016, 8:18 PM

    Well put Martin..
    Should be compulsory reading for every bloody top end civil servant and TD..

    94
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    Mute Emmet Kilbride
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    Feb 22nd 2016, 8:59 PM

    You need a Social Democrat there Martin ;)

    I got Catherine Murphy in mine.

    65
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    Mute Paul Mc
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    Feb 22nd 2016, 10:50 PM

    A good Kilbarrack man running for Sinn Fein he will be getting my No 1 Mac Donncha and Mitchell my No 2,somebody has to make a stand against the old established parties.

    58
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    Mute Jonathan Morgan
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    Feb 22nd 2016, 11:44 PM

    You do know that Sinn Fein are actually around a long time too…..very established with a long running #1 and #2?

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    Mute Paul Mc
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    Feb 22nd 2016, 11:50 PM

    Well in my life time, thus far they have not bankrupted the state and enriched their friends in business unlike Fianna Fail, Fine Gael and Labour.

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    Mute Mike Hall
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    Feb 23rd 2016, 9:52 AM

    Martin

    Good points, and I think it’s also worth noting that the ‘permanent’ government – senior civil servants – are very far from being apolitical. They are paid absurdly high salaries and even more absurd g’teed pensions, allowing them to become millionaires and members of the Capital owner class long before retirement age. The economic interests of the minority Capital owner class are, by definition, opposite those of the Labour class majority.

    Many of of them will have grown up in similarly well off households and gone to private schools. Many will be invested in property and be private housing and commercial property landlords. The very top echelons are members of the Golden Circle along with bankers, developers lawyers and politicians.

    A former County Manager – a millionaire class and law unto themselves – appointed as head of Irish Water… now retiring with a second massive pension… all on the backs of ordinary citizens that this toe rag would give the dirt from his finger nails to.

    Long past time that *public* officials – elected or permanent – actually represent the interests of majority citizens, not just themselves. And if they don’t, we – the People – should be able to sack them any time we like, by referendum, without recourse. That’s called ‘accountability’.

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    Mute Shayno O'Donnchadha
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    Feb 22nd 2016, 8:32 PM

    I find it really disturbing that most people when asked will stress that they want “Change” in politics in ireland. They want a far more progressive, democratic system with accountable politicians. Yet the same people are indicating they will vote Fine Gael & Fianna Fàil.. People know these 2 cheeks of the same arse have refused to change anything in the last 100 years. Learn from this ffs. They will not change until people abandon them until they commit to that change. It’s fairly simple. It’s left me with the conclusion that the majority don’t actually want the change away from self serving greed & cronyism. Because they are voting for it. (Approving it) Maybe because they actually rely on that bent, favour system that the local old school “well connected”politician can get them what they want or need. You hear it all the time. If the system was fair and proper you wouldn’t need to try and get strings pulled or skip queues. It would be run with your best interests… Imagine that.

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    Mute Al Ca
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    Feb 22nd 2016, 8:56 PM

    Well put Shayno. People in Ireland don’t engage enough with politics…..except once every five years hoping for a handshake. Many that complain don’t even take the time to vote……because they feel it makes no difference, not realising that not voting is worse as they feel it abdicates them of responsibility.
    People….get up off your couch, look around you and make the connection between your life and politics…..and please go and vote, I don’t care who you vote for, but at least take responsibility and don’t leave it to others to shape the society you live in. TAKE PART!

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    Mute Patrick Gough
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    Feb 22nd 2016, 9:23 PM

    That’s right shayno. The people are at fault

    15
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    Mute Gillian Kennedy
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    Feb 22nd 2016, 8:37 PM

    I got a “sorry we missed you” card today with bumf from Fine Gael (I live in Kilbarrack). Well I’m not surprised they missed me because they didn’t bother ringing the door bell!

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    Mute Stephen Brady
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    Feb 22nd 2016, 9:01 PM

    Same happened us. If it was Stephanie what’s her name she may well call back one evening this week. I nearly fell over in shock when she called back.

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    Mute Aislinn Matthews
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    Feb 22nd 2016, 9:59 PM

    Also in Beaumont with Dickie Rocks nephew (FG), and the Labour young-fella is playing nicknack with letterboxes. In fact the only one I’ve had call was Róisín Shortall but I don’t mind chatting with her. They must be sh!tt!ng themselves.

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    Mute William Clay
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    Feb 22nd 2016, 8:51 PM

    €2 million handshake given to John Tierney of IW, any thoughts on that Journal ?

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    Mute Garwig
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    Feb 22nd 2016, 8:27 PM

    RTC candidates all the way for me, remember folks don’t give them a preference if you are sick of them, just leave them blank. We the people need a strong message to go out.

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    Mute For Connolly
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    Feb 22nd 2016, 8:32 PM

    Seconded. Right2change for citizen centric government for the people based on the ideals of the 1916 proclamation. The ultimate nod of respect for the centenary.

    In relation to the article, John Lyons is an excellent public representative. It would be great to see him get over the line this weekend and put him in the Dail.

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    Mute MonkeyTarmac
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    Feb 22nd 2016, 9:26 PM

    Correct.

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    Mute Patrick Gough
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    Feb 22nd 2016, 9:27 PM

    The proclamation is an idealistic manifesto. rather like labours way or frankforts way. life changes every

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    Mute John Bathe
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    Feb 22nd 2016, 8:43 PM

    FG, LAB and FF repulsive. Blatant liars and incompetent at running the simplest of services… SF haven’t had a go yet but will they be any better? Small parties and indos for me. Anyone really that shows some honesty, integrity and principals. I dont care if they are right or left wing at this stage. Just a decent human being would be enough…

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    Mute 3monkey
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    Feb 22nd 2016, 8:30 PM

    Quit whinging , Enda has your back ;)

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    Mute Con
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    Feb 22nd 2016, 8:34 PM

    No Sinn Fein.. section 31 alive and well

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    Mute Gerry Hoey
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    Feb 22nd 2016, 9:07 PM

    Well said.

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    Mute FlopFlipU
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    Feb 22nd 2016, 10:23 PM

    Decent human beings ,mmm, politicians ,mmmm, a yeah I get the joke

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    Mute steve white
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    Feb 23rd 2016, 1:10 PM

    Tommy Broughan is now running for a registered political party ‘Independents 4 Change’ https://www.dublincityreturningofficer.com/2016_general_election/notice_of_poll/notice-of-poll-dublin-bay-north.pdf

    1
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