Record firms take legal action to stop illegal downloading

FIVE MAJOR record companies have taken legal action against another internet service provider in a further bid to stop illegal downloading of music.

The companies estimate the downloading is costing them and performers almost €20 million a year.

The latest case is against cable operator UPC Communications Ireland Ltd, the third biggest broadband provider here with 15 per cent of the market and 148,000 subscribers.

Opening the case at the Commercial Court yesterday, Michael McDowell SC, for the companies, said they do not accept UPC’s claims it is a “mere conduit” which can do nothing to prevent illegal downloading.

The companies contend UPC is itself liable for acts of infringement by persons using its services, including persons accessing the Pirate Bay and other websites which allegedly facilitate illegal downloading.

They want orders requiring UPC to block or disable access to such sites by infringing subscribers and allege UPC’s failure to do so constitutes infringement of the copyright of the companies and breaches Irish and European law.

Mr McDowell said UPC had written to the companies asking them to discontinue the legal action pending the issue of illegal downloading being addressed by legislation.

He said there was no indication if or when legislation would be enacted or even that there was a consensus in the Dáil about any form of legislation. Similar proceedings were brought previously by the companies against Eircom which settled on terms including the companies providing Eircom with the IP (internet protocol) addresses of all persons detected as illegally file-sharing copyright works.

In the latest proceedings, being heard by Mr Justice Peter Charleton, EMI Records (Ireland) Ltd, Sony Music Entertainment Ireland Ltd, Universal Music Ireland Ltd, Warner Music Ireland Ltd and WEA International Incorporated want UPC to give similar undertakings to prevent “peer-to-peer (P2P) infringers” illegally downloading music.

The record companies have also initiated proceedings against O2 and 3 Ireland.