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Everything you need to know about Ireland’s SOPA

Worst-case scenario: Could Youtube.com be blocked from Irish internet service providers?
Worst-case scenario: Could Youtube.com be blocked from Irish internet service providers?
Image: Johnny Green/PA Archive/Press Association Images

What’s this all about?

Long story short: the Irish government plans, before the end of January, to bring in a law which would allow Irish courts to block access to websites accused of infringing copyright (and possibly do other things as well).

Isn’t that a short time for parliament to examine it?

The Irish parliament won’t have a chance to debate it before it’s passed. The law is to be brought in by a statutory instrument, something which requires only the stroke of a minister’s pen.

Who’s responsible?

The law is the responsibility of the Department for Jobs, Enterprise and Innovation where the key person is junior minister Sean Sherlock.

What will the law say?

We don’t have a final text yet. But the key part is likely to be similar to a previous draft which said:

3. The Act of 2000 is hereby amended by the insertion of the following subsection after subsection (5) of section 40:

(5A)(a) without prejudice to subsections (3) and (4), the owner of the copyright in the work concerned may apply to the High Court for an injunction against a person who provides facilities referred to in subsection (3) where those facilities are being used by one or more third parties to infringe the copyright in that work.
(b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any third party likely to be affected and the court shall make such directions (including, where appropriate, a direction requiring a third party to be put on notice of the application) as the court may deem necessary or appropriate in all the circumstances.

Can we have that in English please?

Certainly. This will give the Irish courts an open-ended power to grant orders against ISPs and other intermediaries who provide facilities which might be used to infringe copyright. This could include hosting providers, social networks, forums, video hosting sites – potentially most online services.

What will these intermediaries be required to do?

We don’t know. At a minimum this will probably allow courts to require ISPs to block access to alleged infringing sites (such as The Pirate Bay). Over and above that it becomes impossible to say – the language is so vague it might, for example, allow a court to require an ISP to introduce a three strikes system or to block certain ports. However, once copyright plaintiffs get hold of this power you can expect it to be pushed to its absolute limit.

Will the sites to be blocked have a right to be heard?

Maybe. The draft language does say that affected third parties might be given notice of applications to block them. On the other hand, in 2009 an Irish High Court judge was happy to allow Eircom to block The Pirate Bay without any notification or chance to be heard which doesn’t bode well for the future.

What sort of standard will be used to decide if a site should be blocked?

Your guess is as good as mine – the draft is completely silent on this point.

Isn’t this rather vague?

Yes. By failing to provide any real detail, the proposed law leaves the future of the Irish internet essentially in the discretion of Irish judges.

Could this harm Irish industry?

Yes – including the latest push to establish Ireland as a centre for cloud computing. Here’s what tech journalist Adrian Weckler had to say:

With their billions of users, YouTube, Facebook and Twitter inherently find some copyright protected material leaked onto their web services. The new law will give music and movie firms the legal footing to get ISPs blocking. That may not go down too well with Google and Facebook, which are two of Dublin’s biggest employers. It probably won’t sit easily, either, with the IDA, which may have to alter its pitch to large US social media firms who may have been thinking of setting up in Ireland. (That includes Twitter.)

So where’s the Regulatory Impact Assessment? Surely we need more detail about the impact this law will have?

Tumbleweed.

Would this vagueness breach the European Convention on Human Rights?

Quite possibly.

If nothing else will it at least stop illegal downloads and protect Bono’s pocketbook?

No. Blocking is easily circumvented. But don’t take my word for it – here’s what UK regulator Ofcom had to say:

For all blocking methods circumvention by site operators and internet users is technically possible and would be relatively straightforward by determined users.

So why is the government pushing this law now?

In a 2010 decision the High Court held that European law required Ireland to introduce blocking into domestic law, and that Ireland was in breach by failing to provide for court ordered blocking.

Doesn’t that decision mean that blocking must be introduced?

Maybe. The law in this area is extremely complex, particularly since the European Court of Justice has given an important decision restricting the use of blocking in the meantime. That decision found that filtering would be impermissible if it undermined freedom of expression and blocked lawful communications – something that is inevitable if this proposal is adopted.

From a practical point of view, the European Commission – which monitors implementation of EU law – doesn’t seem to think Ireland is in breach and hasn’t taken any action against Ireland for failure to introduce blocking. Irish telecoms group ALTO have also put forward a different view arguing that this law is unnecessary.

However, even if we assume that EU law does require some form of blocking then it should not be introduced in a way which

  • short circuits the democratic process and without proper scrutiny by the Irish parliament; and
  • introduces untolerable uncertainty for Irish online businesses and fundamental rights.

What can I do about it?

If you live in Ireland and you want to stop this proposal then you should let Sean Sherlock (email) (twitter @seansherlocktd), the senior minister Richard Bruton (email) and your TDs what you think of it. Phone their offices if you can – one phone call will outweigh 20 emails.

StopSOPAIreland.com has more you can do.

If you live outside Ireland, you might still email Richard Bruton and Sean Sherlock to let them know the effect this will have on Ireland’s reputation as a place to set up technology businesses.

One more thing – is it really true that the music industry wants the Irish taxpayer to pay for supposedly lost sales?

Yes. I hope you brought your wallet.

TJ McIntyre is a solicitor, UCD law lecturer and chairman of civil rights group Digital Rights Ireland.

Editor’s note: Boards.ie user SolarNexus has a letter template for sending to Minister of State Seán Sherlock that is worth a look. See here.

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Comments (50 Comments)

  • Seán Ó Briain 27 days ago #
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    This cannot be passed, it will be the end of a free internet as we know it.

    Reply
  • John Cleary 27 days ago #
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    The music industry wants the Irish taxpayer to pay for lost sales??
    Does this include Crystal Swing?

    Reply
    • Ryan Allen 27 days ago #
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      Its misleading to say that. The Government are being sued for, in the author’s own words from his blog, an “alleged failure to implement aspects of EU copyright law.” Not quite getting the taxpayer to pay for lost sales now is it?

    • Muc Beag 27 days ago #
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      *Record industry, not the music industry. This is the big record companies who are throwing their weight around trying to force the government to move the goalposts to suit them and their price-fixing cartel. It would be unfair to blame the musicians, who simply need them because of their unjustified control over their industry.

      The way it should be, in my view, is records should be funded by advertising and the musicians should get the majority of their income from live shows – the way which it is (illegally) now. Think about it, you pay very little to listen to a Leonard Cohen track but to see him live it’ll cost you 200-300 sheets – and rightly so. That bit actually costs money.

    • random 26 days ago #
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      I believe they are suing for damages Ryan. The damage in this case would be lost sales, probably calculated on a completely unrealistic 1 download = 1 lost sale basis.

  • Begrudgy 27 days ago #
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    Aye, fight and you may die. Run, and you’ll live… at least a while. And dying in your beds, many years from now, would you be willin’ to trade ALL the days, from this day to that, for one chance, just one chance, to come back here and tell our enemies that they may take our lives, but they’ll never take… OUR FREEDOM!

    Reply
  • Craig Walters 27 days ago #
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    This will not only affect net neutrality but all intellectual property rights, think pharma, plant breeding rights, etc … Gradualism… The slippery slope.. Undemocratic EU… one step closer to Irish revolt hopefully !!

    Reply
  • Adam Beere 27 days ago #
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    Here is an excerpt from EMI v UPC regarding the Eircom v Pirate Bay decision:
    “137. Having fully considered the issue of blocking a site as variant as The Pirate Bay, I regret that my previous judgment in the matter was wrong. The legislative basis enabling me to act in that way does not exist in Irish law as it exists in other European jurisdictions. The parties to that case may wish to reapply, or they may be content that The Pirate Bay should be blocked through the channels of Eircom. No order as to costswas made in that case, as the application was uncontested and costs werenot sought as a matter of consent.”

    Basically, from what I have gathered, which hasn’t been a lot, is the government is exploring other avenues of piracy protection. Hopefully this doesn’t include ‘blocking’ sites from Irish ISP access as that has to be one of the laziest ‘fixes’ going.

    Reply
  • Aydo 27 days ago #
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    I remember I used to worry about the climate or the project I was working on.
    There’s no project any more and I’m too scared about how quickly we are losing our freedoms, financial and speech, to worry about climate.

    Reply
  • Muc Beag 27 days ago #
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    The record industry (NOT the music industry, important distinction) are really some of the most despicable human beings. I’m not having my rights infringed upon because the biggest technological revolution since the printing press doesn’t suit you’re rip-off business model.

    There are f*ckall costs to producing a record these days, and those costs are fixed costs alone. Costs nothing to make a copy of a file and very few people are buying actual physical media – just look at how well Virgin Megastores, Zavvi and HMV have done in recent years… Even Waterstone’s is giving way to the rise of the electronic media.

    Their pricing is unjustifiable. And their refusal to enter into a more advertising-based revenue set-up is indefensible. Their attempts to exert an undue influence on the lawmakers in this country is inexcusable. God there is so much wrong with this concerted attempt to introduce SOPA/PIPA-style laws around the world…

    Reply
    • Shanti Om 27 days ago #
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      Add to that, the amount that the artist – as in, the owner of the intellectual property gets is less than 10% of the revenue from their album sales.
      Out of that, they must repay all the money the record company shelled out for A&R, Studio time, producers, etc, as well as pay 10% of their money to their manager..

      The record labels are the ultimate pirates.

      Megaupload was launching a music website, megabox, with full support of the artists as they would get to keep the record company’s usual share of their revenue from both downloads and advertising on the site.. All the adverts for the service on youtube were taken down as the record labels claimed copyright infringements (like they would do under this sort of legislation)..

      And then megaupload get taken out..how convenient..

      Agreed, the record industry is as crooked as the banks.. They want everyone else to pay for the fact that their business model has failed..

    • Muc Beag 27 days ago #
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      @Shanti Om

      True that. They’re as much gangsters as the De Beers diamond cartel, but unlike the executives of the aforementioned “business” they don’t fear arrest upon setting foot in the United States or EU by the competition and anti-trust authorities, or fear criminal prosecution. It’s about time we treated them for what they really are.

      In the meantime, I’ll keep using Grooveshark and uTorrent to my heart’s content and essentially spit in the face of said gangster executives in my own little way. Come at me, bros!

  • Garry Ryan 27 days ago #
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    I think this is a very good article on SOPA. http://ycombinator.com/rfs9.html

    Reply
  • ian mc dermott 27 days ago #
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    Their the biggest shower of morons, stupid stupid government! Get your grubby hands OFF OUR INTERNET !

    Reply
  • Shauna McDermott 27 days ago #
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    Sign the petition people – its at 19,996 (since 9.30pm last night) and counting!

    Reply
  • alan 27 days ago #
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    well, it wont protect bono’s interests here. he has his business in holland

    Reply
    • Terry O'Dowd 27 days ago #
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      Yeah, because it’s all about Bono and his crusade against the internet.
      Jesus, move on from the Bono crap. This has absolutely nothing to do with him.
      I doubt Bono gives a flying fuck about you downloading the latest .

      Better to get a thumbs up than to discuss the issue at hand though, isn’t it?

    • Terry O'Dowd 27 days ago #
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      Hmm.
      More people gave a thumbs down than up below
      That must mean that Bono is crusading against the internet, and that it has absolutely nothing to do with greedy record companies and the politicians they are bribing.

      Or Irish people would prefer to blame this on Bono than on the corrupt person they voted for in the last GE.

      The latter seems to be more likely than the former.

      I’m going to run for election soon.
      Vote for me and I’ll take all of Bono’s money away. I’ve no idea how I’m going to do it, but I’ll find a way.

      In the mean time, I’ll take away your internet freedom, but you obviously don’t care about that. It’s all about Bono.

      Wow. It’s really easy to fool the people of this country.
      No wonder FF got away with corruption for so long. Just blame it all on Bono.

  • Michael O'Byrne 27 days ago #
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    Think of all those CD’s that were bought a few years ago for around 16-20 euros now consigned to a box.

    Reply
    • Terry O'Dowd 27 days ago #
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      And the musicians who were paid a pittance out of that €20.

      We were ripped off for years by record companies. Let them all rot in hell, or poverty or something.
      Fuck them, is what I’m trying to say here.

    • Report this comment

      now going to the car boot sale

  • Terry O'Dowd 27 days ago #
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    IMRO, IRMA, Eircom and all the others can suck on my Chupa chup sized balls.

    I’m with Eircom (currently the only decent (speed-wise) ISP available to me, and use one of two basic proxy sites to access the pirate bay (daveproxy.co.uk and proxyuk.org).

    When (not if) they decide to block other sites, I’ll continue to use proxies.

    I suggest that any bit torrent users install Peerguardian 2 which is available here: http://www.filehippo.com/download_peerguardian/
    Note: It is not compatible with Windows 7 x64, but there are other options.

    For every stupid law they pass, someone will find away around it, and for every site they shut down, another will take its place.

    All we need now is for the Americans to stand up to their elected officials on what is obviously bribery by large corporations: http://torrentfreak.com/white-house-petitioned-to-investigate-mpaa-bribery-120122/

    Reply
    • Darren Flynn 27 days ago #
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      You hit the nail on the head there Terry. It doesn’t matter what they try, the technology and it’s users will remain one step ahead of their outdated monopolistic copyright laws.

      The internet IS copying! To be on the internet is to copy.

  • Dan Mullins 27 days ago #
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    This same law was just defeated here in the United States. I people at home stand up to the government and SOPA will fail in Ireland too. There were huge protest here against SOPA and PIPA in the last few weeks. People and websites stood together in protest and defeated SOPA.

    Reply
    • Shanti Om 27 days ago #
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      And so they are trying to sneak in ACTA and PCIPA which are just as bad if not worse!! Will they ever get the bloody hint?

      Record companies seem to think that like the banking sector and pharmaceutical industry they are “too big to fail”, and that laws should be made to protect them at the cost of everyone else..
      (Pharmaceutical giants in the US have been permitted to set up “shell” companies to shield them from fraud liabilities, and we all know the banking story)..

  • Eileen Gabbett 27 days ago #
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    I can not pretend to understand this article ,but I am wondering if you tube will still be available ?

    Reply
    • Muc Beag 27 days ago #
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      Possibly not, if any user uploads copyrighted material or any link to copyrighted material is posted by any user. And there are a f*ck-ton of users to make sure that none do that!

      Ridiculous law.

    • Eileen Gabbett 27 days ago #
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      Thanks Muc Beag … Iwas thinking that might be the answer …

  • Darragh Flynn 27 days ago #
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    Excellent. Another reason for me an IT graduate to leave this country…keep em coming lads…-_-

    Reply
  • John 26 days ago #
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    If you think SOPA is bad, check out ACTA. m.youtube.com/#/watch?v=p_bERAf5KAg

    Reply
  • maurice frazer 26 days ago #
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    If it goes through, I will be terminating my ISP contract. Now that would be a interesting poll.

    Reply
  • Brian Walsh 26 days ago #
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    When I began studying for my IT exams… a long time ago, it was always driven home that the beauty of the internet was that nobody owened it, it was free. Obviously If you uploaded certain things you could find youself in hot water – but the emphasis was on the uploader, not the downloader.
    It was something similar to an author writing a book that libels someone, millions may read the book but the courts wouldn’t be foolish enough to go after every reader, instead they go to the source, and take the author to court for libel. We now find that if someone uploads a song, CD or movie and millions even just VISIT the site its hosted on, well thats good enough to have it blocked from access here under this new law, nevermind that it may also have legitimate purposes.
    If this law is passed, in this way, the internet in this country will become like a library with very few books, just those that an aged spinster librarian says are good for us, dusty old Agatha Christie and Enid Blyton type books. We may as well acccess the internet from a country like China or Saudi Arabia, it won’t be the internet we knew but a restricted corner of what it once was. Big Brother will tell us what’s good for us I suppose.

    Reply
  • Report this comment

    Why, oh why, are laws always worded so vaguely?

    Reply
  • infodox 26 days ago #
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    This looks like fun… http://pastebin.com/AvrKwQ3h
    Also, sean.sherlock@oireachtas.ie <– Guy responsible. Email him personally.
    I am sending him minimum 3 email a day until I get a PERSONAL reply (not some automailer).
    Lets make our elected officials remember WHO they work for.

    And lets make sure they dont pass this – no-one f*%ks with our internets!

    Reply
  • James Walsh 26 days ago #
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    So an Irish court is telling us that we have to introduce this blocking law wheras a European Court is saying that we might not have to do so. Maybe we might be in favour of Europe after all!

    On a more serious note I don’t understand this sentence in the article: “In a 2010 decision the High Court held that European law required Ireland to introduce blocking into domestic law, and that Ireland was in breach by failing to provide for court ordered blocking.”

    Surely the later paragraphs say that the ECJ ruling indicates that European law doesn’t require blocking so it could be argued that the 2010 decision is incorrect in its assesment of European law requirements.

    I also don’t understand that if European law is so strict why hasn’t this action been taken in other European countries? Or if it has and their laws have been changed has there been any specific instances of blocking being done.

    Reply
  • Kemberlee Shortland 26 days ago #
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    Before you lambaste me, here me out (I don’t post on TheJournal very often unless I feel I can contribute something).

    As an author, I can see the logic behind wanting to help artists and other copyright holders protect their rights and earn the money they/we deserve on each download (yes, this includes digital books).

    In publishing, industry standard royalty on traditional (ie print) books average 8% of the NET cost of the book, not the cover price. If you buy a book at Easons for €10, know that Easons has market it up 55% from wholesale (industry standard is 40% . . . and you wondered why books were so expensive there). That makes the wholesale cost of the book €4.50. The publisher takes off expenses from that figure and in the end, the author is making about 50 cent PER €10 sale. The author does the hard work of writing the book, only to have it torn apart by a publisher then sold onto a bookstore who’s making more money off the book than the author who wrote it.

    It’s the same in the music business.

    Knowing that our hard work is being downloaded and shared for free is a bit heartbreaking. We have bills to pay too. Especially as we keep getting heaped upon my more taxes and levies. Seems like a new one every day. And they want to start taxing artists too? On our 50 cent per sale?

    ** However, SOPA is not the way to go about it. Springing this legislation upon us and WITHOUT time to debate it or put it though proper channels is ludicrous. This law could pass with ONE MAN’S signature? No less, by the man who will be in charge of enforcing the law! There has to be another way to protect artist rights without infringing upon the rights of the people of Ireland. We don’t need more laws. And we don’t need to lose the freedom of the internet.

    We also need more education and more respect for the artist. Why not pay artists for their hard work? Writing and making music are jobs just as much as an office worker or the guy who cleans the streets. We all have bills to pay. We have rents and mortgages. We have families to feed. And more and more taxes and levies to pay every day. Taking 50 cent out of my hand may not seem like a lot to you, but if 1000 people are doing it, that’s €500 . . . enough to pay a month’s rent . . . and just about what the average worker has lost over the years due to tax cuts. That €500 could make or break an artist. Could mean the difference between being able to have a roof over their head this month or living on Grafton Street.

    Let’s not kid ourselves. These days, we’re all one step away from the Dole queues.

    So you may not support HMV or Golden Discs, but support the artist. Buy their books or music from their own websites. Buy from sites like Napster who take a fee so they can pay artists their deserved royalties.

    And let me ask you this — Would it deter you from using a torrent site if they charged a nominal fee per download so the artist could making something for entertaining you? And if so, why?

    One last question . . . have any of us considered the amount of money being wasted in government over this? Is this whole SOPA thing just a way for Enda and Co to get our attention away from more important issues? Like our huge debt, huge loans and the b@st@rds who put us in this financial situation in the first place? How much our our taxes is going toward trying to push SOPA through so quickly? More money wasted on frivolous nonsense.

    Reply
    • mr x 25 days ago #
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      I wouldnt worry too much its not really going to effect you, only popular books are easily available from torrent sites, I cant find any book of yours anywhere illegally on any site. try using google yourself and see.

    • Kemberlee Shortland 25 days ago #
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      Believe me, I pay close attention to where my books are. They might not be ‘popular’ by whatever standards you put on books, but I know many authors whose books are on the torrent sites. We’re all fighting very hard to keep them off. Including sites like Google Books, who think they can scan our work and offer it to the public without compensation. They’re one of the worst and allowed to get away with it. However, they’ll be in court this summer, as a huge number of authors and publishers are suing them over copyright infringement.

  • Stephen O'Sullivan 25 days ago #
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    I think the sections could be qualified to say the injunction will only be granted where the third party has been been given an opportunity to remove the infringing content within a reasonable time and has failed to do so.

    Reply
  • Todo 24 days ago #
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    When music publishers and distributors owned the sole means of production and distribution of copied music they charged well for it. Now they want to charge people well for doing it themselves? If I work hard for six months to produce a piece of work , it’s not going to keep paying back for the next twenty years . Unlike patents, it’s not as if a musician needs to spend years on r&d . It looks like we’re heading towards a system of one off payments to artists (same as any other worker) and a distribution chanel owned by the people. It looks like ‘ rich’ will no longer accompany ‘famous’. Why should it?

    Reply
  • Kieran Ross 24 days ago #
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    I feel bad when I illegally download movies and music,
    Then I watch cribs and I don’t feel so bad

    Reply
  • Dan Kreiger 22 days ago #
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    Aye, fight and you may die. Run, and you’ll live… at least a while. And dying in your beds, many years from now, would you be willin’ to trade ALL the days, from this day to that, for one chance, just one chance, to come back here and tell our enemies that they may take our lives, but they’ll never take… OUR FREEDOM!

    bagpipes :) i know, wrong island, but i come from…i don’t know it’s sunday…i’m not important…just wanted to be funny…hopefully i was funny

    Reply
  • Baba Vunarishrarik 21 days ago #
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    That is great – finally google will move the headquarters out of Ireland.

    Reply
  • Brendan Woods 20 days ago #
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    Reply

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