BT, Eircom will not block firms in file-sharing case

The High Court was told yesterday that Eircom and BT are not opposing the "substantive" proceedings by four music companies aimed at securing the names of persons who have uploaded thousands of music tracks onto file-sharing networks.

The proceedings could lead to actions for damages being brought against those persons.

Yesterday, while not opposing the action, John Gordon SC for BT Communications Ireland Limited said he wanted to make submissions as to how the court should exercise its discretion regarding the form of order in the case. It is believed those submissions will relate to how the rights of the music companies should be balanced against consumers.

On that basis, Mr Justice Peter Kelly listed for hearing on Friday the proceedings by EMI Records; Sony BMG Music Enterprise (Ireland) Limited; Universal Music Ireland Limited, and Warner Music Ireland Limited against Eircom Limited and BT Communications Ireland Limited.

The action was yesterday before the judge for entry into the list of the Commercial Court of the High Court.

Paul Gallagher SC for the music companies said this was an application for admission to the commercial list and for directions. He said the defendant companies were not substantively opposing the application, but wished to make submissions to the court.

Mr Gordon said he proposed to file an affidavit by tomorrow for the purposes of assisting the court as to how its should exercise its discretion in the matter.

His client was not opposing the proceedings, but believed the submissions would assist the court in exercising its discretion in the correct manner in relation to how consumers were affected.

Mr Justice Kelly said he would deal with the matter on Friday.

The action follows similar actions in other countries to combat the uploading of music onto internet file-sharing networks.It has been alleged that internet copyright abuse has contributed to a €28 million drop in music sales in Ireland between 2001 and 2004.

Last week, the US Supreme Court ruled that software makers could be liable for enabling computer users to copy protected work without permission.