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Dublin: 11 °C Sunday 19 May, 2013

Record labels file suit against Irish ISPs

This could be the first suit using the country’s controversial ‘Irish SOPA’ legislation.

File photo of protesters at a demonstration against SOPA.
File photo of protesters at a demonstration against SOPA.
Image: Niall Carson/PA Archive

FOUR RECORD LABELS have filed papers in the High Court to commence proceedings against Irish internet service providers (ISPs).

Yesterday EMI Records [Ireland] Ltd, Sony Music Entertainment [Ireland] Ltd, Universal Music Ireland Ltd and Warner Music Ireland Ltd filed a suit against UPC Communications Ireland Ltd, Vodafone Ireland Ltd, Imagine Telecommunications Ltd, Digiweb Ltd and Hutchinson 3 G Ltd.

The case is listed to come before the Commercial Court on 17 December for a Notice of Motion.

Commenting on the court application, McGarr Solicitors said it will come as “no surprise” to anyone who has followed the StopSOPAIreland campaign this year.

The firm said the fact the eircom is not included in the list of defendants is “highly suggestive” of the record labels’ intent.

Eircom is the only ISP to have introduced the three strikes system the companies have demanded they are due by right and it is also the only ISP blocking the PirateBay site.

McGarr solicitors said this court action may be “the first of the predicted applications to block Ireland’s users from accessing particular websites”.

In February, the government signed the controversial statutory instrument that reinforces online copyright laws in Ireland into law.

The ‘Irish SOPA’ legislation has been the subject of much debate amid concerns it would limit internet freedom.

Read: In full: Seán Sherlock’s draft proposals for online copyright law>

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Comments (102 Comments)

  • I still won’t buy your ridiculously overpriced cd’s. I’d rather listen to nothing.

    Reply
  • Hah , UPC will come out on top, theres no market for 100mb broadband to homes without piracy.

    Reply
  • Record companies suing ISPs is a bit like TippEx suing the makers of spell check.

    I haven’t bought a CD in yonks, I usually stream music and occassionally download. The only format I buy nowadays is vinyl records – the first format I ever bought (back in 1985!). They’ve outlived four-tracks, cassettes, DATs, mini discs and are soon to outlive CDs. Still the best sound, best artwork and most readable lyric sheets.

    Reply
    • Ah Malcolm,
      You are so cool.
      When you are commuting to work do you haul your vinyl collection behind you in a trailer, with a little elf employed to play your favourite tracks at his random discretion?

      Best sound?
      Are you one of the few audio phd geniuses to have noticed that the melody lines of clarinets and piccolos aren’t audible on digital music files?

      Respect.

      Reply
    • Hi Jo – I don’t buy vinyl to be cool, it’s something I buy to listen to at home. As I’m an old fart, that’s one way I like to enjoy music. Sitting down with my ears open. The sound is fantastic – warmer, more genuine and fuller than any compressed digital formats. You don’t have to be an audiophile with a phd in sound dynamics to hear for yourself the difference between two different sound formats. So is someone who prefers the sound of a CD to an mp3 also a snob? Luckily the seperates I invested in 15 years ago (all secondhand apart from the speakers) still work perfectly, they don’t have battery issues, glitches or cracked screens. Great value!

      When on public transport I listen to an ipod or read a book.

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    • have to agree about vinyl i think its actually the sound of the needle in the groove

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    • Whatever you are into.
      I’m just pointing out that all of the instruments are audible on a digital music file.
      All of this “warmer, more genuine, fuller” shit – I don’t get it.
      Some vinyl enthusaists go on about the crackle – that’s just psychological nostalgia reminding them of their youth in the 1970s.
      Something that impinges on the actual sound of the instrumentation enhances it? Respect.
      For me, as a composer and producer of modern music, if I can hear all of the instruments and their different rhythms and melodies – that’s what constitutes the full music experience.
      But I guess most humans are very confused about everything.

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    • @Jo – each to their own. Subtleties like the quality of production and particularly engineering are more apparent in analogue reproduction. Maybe you don’t care about that, but for me that’s an important part of most of the music I like. It’s essentially the difference between an unencoded analogue soundwave and an encoded then decoded finite digital soundwave (quantization) which results in people using terms like “warmth” and “realism” to describe why they prefer vinyl. The crackle is only audible between tracks anyway. But there are people out there of course who spend absurd amounts on seperates – my attitude to them is probably a bit like yours is to me! There are reasons I’ve continued to buy records and it has nothing to do with fashion or nostalgia – it was very uncool to have vinyl when CDs were all the rage!

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    • @Jo Hickey I agree with your points for the most part, it’s just the obnoxious way in which you worded them that put me off. I’m not for the whole vinyl shenanigans that some people love to propogate, but I do hold a soft spot for memories of sitting next to the vinyl player when I was a child listening to Simon & Garfunkel records. So don’t be an arse just because you feel like someone’s wrong and you feel some valedictorial need to change someone else’s views with an insult.

      Reply
    • I have Cantate Domino by Oscars Motettkör, one of the best audiophile albums ever released. I riped it to FLAC (lossless) and Ogg Vorbis. They both sound flawless, just like the original. I rip to 192 kbit Ogg Vorbis most of the time.

      Tests show people can’t tell the difference between CD/Vinyl and 192 kbit HE-AAC and Ogg Vorbis.

      Reply
    • You’re all wrong, cassette tapes is where it’s at. :-p

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    • I’ve just converted the latest Orbital album from mp3 to vinyl and you are correct – it does “sound” warmer and more real.
      If something is uncool enough there is a good chance that it is actually cool.
      I really don’t want to have the last word on this.

      Reply
    • The “warmth” has little to do with the source, vinyl. It’s go more to do with the amplifier, and tube Amps produce the warm sound of Lo-Fi listening. Given it’s the Amp, if the source was good quality digital Ogg or AAC, the sound would be as nice, and warm.

      The best Amps use KT88 or L6L tubes, which are still manufactured in Russia and China maybe a few other places. Some enthusiasts only use vintage valves, claiming the modern copies are not good enough.

      Reply
    • Thanks for that David.
      I have good speakers.
      Whatever the miniscule, miniscule, miniscule difference is with those vintage speakers, for me it’s not worth the hassle or cost.
      I’m sure I could get a graphic equalizer with a setting of “vintage vinyl” or “vintage amplifier” that will do the job, if I wanted to.
      :-)

      Reply
  • what does Sean Sherlock have to say for himself now?

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  • I have no doubt upc will fight this to the end. They know eactly what their network is used for and they will protect that consumer base as best they can. I hope this case is thrown out like the last one.

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  • My 50Mb UPC service is mostly Netflix and other streaming traffic not a lot of downloads at all but I deeply resent the tactics of IRMA et all, get with the programme you dinosaurs!!

    Reply
  • What is the production cost difference between DVDs and Bluerays? I believe it to be nothing, yet look at the prices they charge.

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    • Because of sony licensing and how new bluray is, the cost per disc is still relatively high, the machinery used to produce cd’s was just upgraded when dvd’s came around, sonys heavy industry division insisted on new machinery to manufacture bluray when it came about and the machines to do this would be in the 100k region each, so some media manufacturers are still recouping costs, theres also the licence fee for drives and media itself, the wholesale cost of a bluray disc vs a dvd is about 3x , studios had to buy new equipment to edit the movies on , new cameras to shoot in HD, the cost of bluray discs will not fall to dvd levels for another 5-6 years if even, optical storage is a dead duck for home media distribution anyway.

      Reply
  • As long as Joe Public is ripped off with overpriced music/movies etc file sharing will exist. of course Ireland may be an easy test case due to our current climate where politicians offer us up to big corporations to be royaly shafted.

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  • If Ireland is pirate bay for legal corporate tax dodging, we may as well make it a pirate bay for legal intellectual property dodging, too.

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  • The artists make their money from concerts. Piracy leads to word of mouth which means more ticket sales. I’ve been to sold out gigs in Dublin by bands whose music hasn’t even been released yet over here.

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    • Exactly. Every artist that I listen to I have seen speaking on this subject has said the same thing. They don’t mind people downloading their music, more people will hear them that way. They just ask that if you like it maybe you’ll check them out live, or maybe you might buy a tshirt or some other merch.. If you like the album maybe buy it.. But every one of the fully accepted that people did this and to start getting snarky about it just gets you the Lars Ulrich treatment..

      By contrast, all the local bands / artists I know of use the likes of YouTube and bandcamp etc to their advantage.. For the first while they just want people to listen. Then when some people decide to pay for it it just gets better.. There’s less and less need for record labels. That’s the real crux of this matter..

      Reply
  • If music companies would take on attitudes like Netflix’s and start offering a valued service rather than an overpriced and overproduced final product, then maybe I’d be more willing to sympathise with them. But they don’t, so I don’t.

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  • Didn’t the EU boot this law out shortly after sherlock rushed to introduce it??

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    • They’re two different things. “IrishSOPA” was an adjustment to current Irish legislation to allow groups like IRMA to take service providers to court in Ireland. ACTA was the other which was a strict reform on how the internet is governed and was disguised as a trade agreement to try and get it passed. This agreement was signed by the Irish ambassador in Japan along with other European ambassadors however after being reviewed in Europe, the proposal was scrapped.

      Reply
  • Haven’t purchased a CD since 2005 when I discovered BitTorrent.

    Have pretty much stopped downloading music since in started using Spotify three years ago.

    Reply
  • Cpm 08/12/12 #

    I’m outraged.

    Nothing to do with this article though, inn I’m just outraged.

    Reply
  • Am I the only person who use both piratebay and ISOhunt for everything but music, both torrent sites have a wealth of public domain files and software, I will admit to downloading TV shows by their season and store them on my server, reason being I’m not able to watch TV at the same time slot every week, and I hate the fact that I have to pay to watch advertising every seven mins. If my ISP starts to censure the website I vista I will change provider, everyone with a small big of Google knowledge is aware how to bypass the filters that errorcom has in place. Or if needs be there is newsgroups.

    Reply
  • If you are missing the Pirate Bay go on to http://www.freeproxyserver.net and type on their URL. Nothing illegal about this post!

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    • ya don’t even need that Simon. i am with eircom and i can access tpb just fine. just go to tab.nothingishere.com or many other such tpb proxies. just Google “tpb proxy” and i agree. nothing illegal here folks ;)

      Reply
  • Who is Really benefiting from this legal action?
    How much do you want to bet its the lawyers?
    It sure ain’t the artists

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  • Right.

    The simple fact of the matter is that no matter what the record companies do, piracy will always be a feature.

    It just so happens that today’s piracy is out scale and very tough to defend against.

    The solution, you can’t legislate your way into acquiring customers. You need to adapt or die.

    As someone rightly pointed out the business model has changed. Artists who used to tour to promote a new album now release an album to promote a tour. If the record company isn’t getting a slice they need to start 360 deals where they get a cut of everything.

    The industry has made its profits off format change every decade or so, starting with vinyl, cassette, cd. This time they fell asleep while others innovated and lost control. Unlikely to happen to Hollywood.

    The best thing to happen the industry is spotify, IF, and it’s a big if, they can get to critical mass with paying subscribers before the model fails.

    With TV, Movies, yes the model has changed by they saw the decimation at the record companies and are Strongly protecting their interests. I spoke with the ex head of MTV recently who predicted industry would be disrupted but by the incumbents and I would have to agree. Netflix is one to watch if it can scale but streaming tech and apps are commoditised now. It’s the content owners that own the ball.

    And yes I agree that you reap what you sow, the man has been screwing the artist for years and I hope they lose the case. Even if they win nothing will change. You can’t stop the innovation juggernaut – adapt or die.

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    • I agree that there will always be methods for piracy or sharing of music in this manner but to restrict my internet use just on the off chance I download a track from a Sony artist is wrong, it would be like putting speed bumps on every section of road that you can do greater than the posted speed limit in case you go over it. Why wont Sony just requests that all mp3 aff wav flac etc are blocked from downloading or are they frightened that it may effect their revenue.

      Reply
    • Wasn’t Kim dotcom producing a model called blackbox I belive? Whereby users could torrent music for free while artists got paid through advertising on the site.

      Reply
  • I bought an album once. The shame.

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  • I only download tv shows and movies. If I like music I buy it, so maybe the band we have a second album. You should support bands you like anyway mp3 quality sounds shitty cd or vinyl

    Reply
  • Guns and bullets on their own to not kill people. You need a person to fire a loaded gun at another person for that to happen. Even in the US gun makers are not taken to court when their products are used to kill. Do Ford, VW, or Guinness get brought to court every time a drunk driver causes the death of somebody in a car crash? Do Porsche & BMW get dragged through the courts when a speeding driver knocks down somebody? Why should the same not be true of ISP’s? The illegal downloading is carried out by the users of the ISP’s services, not the ISP’s. We had our Government talking this week about Internet freedom during the OSCE conference in the RDS, the same Government that signed up to SPOA, which itself seeks to limit internet access. The only reason the record companies are going after the ISP’s is that it is cheaper then going after the users. The ISP’s have done nothing illegal, leave them alone & go after the users.

    Reply
  • Anyone notice that the clown in the pic can’t even spell “Internet’”?!

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  • Music is a bit overpriced but it is a product and someone’s creation.
    Why should anybody take it for free?

    Reply
    • I would be more inclined to buy the CDs if there was some hope it made any difference to the artist, but the people who make most of the money from album sales is the label. So they can spend so much money pushing crap like Britney Spears at us..

      This is why gigs and merchandise are so important, and why I try to buy direct from artists / independent labels.

      As for the big wigs? Screw them. They’ve been screwing over artists for years.

      Reply
    • mart_n 07/12/12 #

      I don’t see why anyone wouldn’t. Nobody realistically gets hurt along the way. A few advertising & branding executives might need to look for a job in a different area; but nobody is going hungry just because a small group of hangers-on and bloat are no longer needed to get the stuff out there. Creativity won’t cease to exist just because the middle men have a smaller role to play.

      Reply
    • I have no problem supporting artists but I know that when I purchase a cd very little goes to the artist themselves. Artists need to get creative and learn how to make money in other ways. They need to embrace the idea of free music like some artists already have.

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    • Check out thepiratebay and see that they are promoting artist who understand that they are by-passing record exec thieves who are stifling creativity in order to get their work out.

      If this kind of BS is fought for 10 years everyone will wonder what the fuss was all about.

      Reply
    • Kim Dot Com was meant to have been launching megabox the week or two after he got arrested. This service would have been an artist to audience direct platform, allowing artists to make revenue from the advertising on the site as well as contributory downloads (think Radioheads In Rainbows). The royalties were to be considerably more generous than those offered by labels or google YouTube.
      All of the ads were pulled from YouTube by record labels on the grounds of copyright, because one of their artists was in the ad (Snoop Dogg I think), note – not recorded copyrighted material, the artist themselves. After all, the artist is merely a possession of the label.. Their “stock”..

      Reply
    • Nice justification.
      Gets your conscience off the hook.
      That’s what I say to charity collectors. I will happily give but I don’t know the money will get there.
      For every U2 there are 10,000 struggling artists. If you like the music then pay for it and stop justifying theft.

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    • @ Gavin
      Exactly. David Bowie for example!

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    • Who is justifying theft? The record labels take an up to 93% share of royalties from an artists work, they tell them what they can and can’t release. They lock them into contracts and then claim copyright over their personhood!

      Who is committing theft? Perhaps the guys trying to offer artists a better deal are being punished for upgrading the business model of an industry that refused to move with the times?

      And perhaps artists are gaining a new freedom, taking control of their own marketing and telling these overpaid suits where to go? Finally releasing the albums they want to release without some executive telling them it’s not “marketable to the target demographic”..
      Music is supposed to come from the heart, it’s ART. It’s not supposed to be this crass drivel that these record labels are forcing down our throats every ad break and mainstream radio station. It’s supposed to speak to you not thunder in via your eardrums and refuse to stop looping around your head..

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    • @sean, it’s not justification – it’s weighing up the truth about the situation. If you can’t acknowledge that then unfortunately you’ll never see it.

      You’ve never downloaded anything with suspect copyright?

      Reply
    • I love what Roots Manuva’s label does, his albums typically cost around £10 and when you buy one from his website you get the CD in the post and you can download the album and artwork straight away. that’s a good deal.

      Reply
    • Aidan 08/12/12 #

      Very well said!

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    • Aidan 08/12/12 #

      That was at Shanti by the way for the first comment

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    • It’s very easy to point at the fat cats of the record cos while ignoring the huge input they have in making an artist successful. Take a look at they new fat cats in a certain streaming company. The kind of money they are taking out of the company that has made huge losses would embarrass most fat cats in the record cos.

      Reply
  • This has next to nothing to do with copyright.

    The reason music corporations are losing money these days, and the reason the record labels are becoming more litigious, is because they have not yet adapted to the Internet era. The simple fact that any artist can now have their art heard world wide at bugger all cost to them, without involving one of the Big Five or their subsidiaries, is killing the “old school” record labels that lived off bleeding artists dry.

    These days, any garage band can decide to release an EP as a “pay what you like” download on their site, or as a iTunes download, and if they are somewhat decent and appeal to an audience correctly, they will make it. The ENTIRE job of the record label is now null and void. Thanks to social media and cheap advertizing online, their ad campaigns no longer mean anything. Thanks to mediums like SoundCloud and iTunes, their expensive CD printing and manufacturing stuff is obsolete.

    Evolve or die. Sadly, they seem to think they can sue their way back into existance.

    If you look at sales, and correlate them to bittorrent network statistics, you will notice that the most sold tunes are also the most pirated. People genuinely prefer to buy songs, though they would prefer to listen to them first, so they don’t buy rubbish.
    Not to mention, a massive amount of the data shared on P2P networks is Creative Commons or GNU/GPL licenced software, for example, several Linux distributions offer bittorrent downloads of their stuff as it is a far cheaper way of distributing ISO images than hosting them on a server. So blocking P2P trackers and such also affects users access to such things.

    Reply
  • The majority of artists that these corporation and their many many labels are bands that I do not even listen to any more. And the few that I do listen to I stream on the likes of Spotify or Deezer. The rest I buy from artists websites as downloads (using Bandcamp etc) or CDs at their gigs. Like I’ll happily listening to the likes of Kanye West (international popular music) on the radio or Spotify but I’d probably not go to a hugely overpriced gig at €60/€70. But will probably buy songs/albums from the likes of Le Galaxie (popular [IMO] local music)and go to their gigs numerous times a year at €10/€15 and so, from me, a legally paying music fan the big labels still at a loss.

    The Pirate Bay has no link to why the corporations are losing. No where near as much as they were years ago before legal streaming music platforms became available.

    Though saying that there are people who don’t even think about acquiring music any other way besides TPB. It’s an educational change that’s needed there. Let them know of these awesome services that are available for free if they don’t have any money.

    If they just used their legal money to do some online/tv campaigns to let people know how easy these services are they’d be better off. Or, you know, invest in the services themselves or do something more than just videos with VEVO.

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  • they are 10 years too late with this shit. won’t do a thing. spotify.. that is all.

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  • i just reckon that if you want to dissuade people from doing something, please don’t call it by one of the coolest names out there. “piracy” is an invitation on its own :D

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  • I would upload hd video while playing Xbox while downloading stuff it’s not practical for me to have a shit connection I have 100 mb down

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  • Funny thing is there has been plenty of studies that have shown that people who download music and videos illegally actually spend more on legal music and videos than those who don’t download illegaly.

    Also record and movie industry profits are at record levels so claims of losing money are complete crap.

    Unfortunately organisations such as the RIAA and the MPAA are stuck in the 90s and prefer to litigate rather than adapt to the new system.

    The MPAA are also complete hypocrits as the movie industry moved to California at the start of the century in order to avoid paying licensing fees to camera and film makers on the east coast, essentially stealing the hardware and making huge profits off the results.

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  • I was in the BT Data centre recently and they can function perfectly well on 48mb. So im wondering, if they can operate on 48mb what the hell does the average house hold need 100mb for???

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  • padraig 08/12/12 #

    I do not use my UPC account for piracy. I suspect my cat does it.

    Only Eurcom bent over to Sopa. While having sympathy for the staff, it became a vehicle for dodgy financiers raising funny loans. It was once pretty good. It will be lose now.

    Reply
  • Can’t do any of that crap at my house with download speeds of usually only 0.40mbps. Stupid yoke

    Reply
  • How long before some hacker/cracker and code monkeys come together and releases a virus that seeks out audio files that has the hashkeys of these studios and corrupts them simple virus would cost them more that all illegal downloads, problem would be solved no more of their artist music on piratebay or for that matter iTunes, Google play, Amazon etc. Bloody arseholes, and all who work for them. You retired from your fraud job where you did work don’t be an arsehole in your retirement.

    Reply
    • A virus that seeks out hash keys? Have u just woken up? Keep on dreaming…..

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    • Hash keys are lines of code embedded in every file, sometimes known as header code, these are used to ensure that files match, and what application is needed for the file, tagging your music with info changes this information, viruses are simple programs that run unnoticed,
      1. Search for file type.
      2. Compare header if key equal code
      3. Run script to randomise music either the code or names itself.
      Some us have been awake for a longtime.

      Reply
  • If ye don’t want to pay people for their hard don’t steal it from them. I’m sure if you did a job of some sort you would expect to get paid in full.

    Reply

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