THE MUSIC industry has lodged initial legal papers against O2 and 3 Ireland in an effort to get the two mobile operators to implement a system that would see their subscribers cut off for sharing copyrighted material online.
The Irish Recorded Music Association (Irma) yesterday filed plenary summonses against the two companies who have hundreds of thousands of mobile internet subscribers.
“O2 can confirm that it has been served with a plenary summons by solicitors acting on behalf of record labels EMI, Warner, Universal and Sony,” the company said in a statement. “O2 is currently reviewing the issue, but does not believe it is legally liable in relation to illegal filesharing activities that any of its customers might seek to engage in.”
A spokeswoman for 3 Ireland confirmed it had received legal papers but said it was too early to comment further.
Eircom introduced a so-called three-strikes system this week whereby customers get three warnings that they have been detected sharing copyrighted music owned by Irma members. If they are found doing it a fourth time their broadband connection will be cut off for a year.
Earlier this week Dick Doyle, director general of Irma, said it was in advanced negotiations with two other internet providers to implement the same system.
It is understood these are Vodafone and Eircom’s mobile subsidiary Meteor.
The “three strikes” or graduated response approach is emerging as the music industry’s favoured approach to tackle online piracy around the world.
Legislation is at different stages in France, Britain and New Zealand, which would give a legal basis to it.
Eircom has introduced the system following an out-of-court settlement with Irma in February 2009. The Data Protection Commissioner challenged the system in the High Court earlier this year claiming an IP address, which identifies a computer on the internet, is personal data. The court found in favour of Irma, paving the way for this week’s introduction of the system by Eircom.
Paul Bradley, head of communications with Eircom, said the company wanted to work with subscribers at this stage of the process.
“We will work with the customer to ensure any confusion is removed,” said Mr Bradley.
In the US the music industry faced a backlash when parents were hit with big fines after their children downloaded music unbeknown to them.
UPC, the cable TV operator, which is Ireland’s fastest-growing broadband provider, is resisting attempts to implement the system. Irma’s case against UPC will be heard in the High Court on June 17th.