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Dublin: 8 °C Friday 24 May, 2013

Sherlock confirms that ‘Irish SOPA’ has been signed into law

The Junior Minister has confirmed that the controversial statutory instrument regarding online copyright has been signed into law today.

Junior Minister Seán Sherlock
Junior Minister Seán Sherlock
Image: James Horan/Photocall Ireland

JUNIOR MINISTER SEÁN Sherlock has this afternoon confirmed that the controversial statutory instrument that reinforces online copyright laws in Ireland has been signed into law.

The controversial ‘Irish SOPA’ legislation was the subject of much debate last month amid concerns it would limit internet freedom. Today Sherlock confirmed that the European Union (Copyright and Related Rights) Regulations 2012 has been signed into law.

The statutory instrument will make it possible for copyright holders to seek court injunctions against companies such as internet service providers or social networks whose systems are hosting copyright-infringing material.

Sherlock, the Minister for Research and Innovation, acknowledged in his statement today that prior to signing the statutory instrument there had been a call for it to be more detailed and prescriptive.

But he said that the High Court now has “significant guidance” from the European Court of Justice regarding the implementation of the measure.

According to the Department of Jobs, Innovation and Skills, it will be now up to the court to ensure that any remedy provided will uphold the freedom of internet service providers, or ISPs, to conduct their business.

It will also have to offer an “absolute requirement” that an ISP cannot be mandated to carry out monitoring of the information it carries. It must also ensure that measures implemented are “fair and proportionate” and not “unnecessarily complicated or costly”.

It also states that fundamental rights of an ISPs’ customers must be respected by the court including their right to protection of their personal data and their freedom to receive or impart information.

Copyright review

In conjunction with the announcement that the statutory instrument has been signed, Sherlock said that he was launching the next stage of the Copyright Review Committee which is “aimed at removing barriers to innovation”.

“On many previous occasions I have outlined the reasons why it is necessary for us to proceed to sign this Statutory Instrument in order to ensure compliance with our obligations under EU law,” Sherlock said in a statement.

“As there are clearly many diverse interests, it is important that interested parties come together and work in a constructive way to map the path forward.

“For this reason I am particularly anxious that the consultation paper launched today is studied and comprehensively responded to by all interested parties.

“The challenge now is to examine what measures we can take to develop Ireland’s laws in this area in such a way as to provide the greatest possible encouragement for innovation in the creative and digital industries to take place here.”

In launching the consultation paper from the Copyright Review Committee, Sherlock said he hoped it would contribute to a debate that would establish Irish copyright law “on a firm footing”.

“I am committed to reviewing and updating the Copyright legislation currently in place in order to strike the correct balance between encouraging innovation and protecting creativity.

“This paper has been prepared by the Copyright Review Committee in response to submissions received and public engagement.

“I urge all interested parties, including information providers and ISPs, innovators, rights holders, consumers and end-users, to study it carefully and engage in a constructive debate on all the issues,” he added.

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

Explainer: How can ministers sign laws without Dáil approval?

Read: Everything you need to know about Ireland’s SOPA >

Read next:

Comments (120 Comments)

  • This will be your down fall Sherlock. This is the only thing you will be remembered for and rightly so. You have let down your country in more ways than you realize.

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  • EM 29/02/12 #

    Of course he did. Why should he be any different that any other lying, clueless, corrupt amadán in Government in Ireland.

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  • “Hi my name’s Sean Sherlock, you elected me to represent you in government. Last month I received a considerable backlash on proposed legislation I was trying to sneak through. So I did the only think I could. I waited till the heat died down and went and signed it into law anyway. Later fuckers!”

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  • hopefully the only thing he ever gets to sign while in power

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  • [Comment Removed by SOPA]

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  • Touching our money and jobs is one thing, but when you touch our internet ……….

    You’ve gone too far!!!!

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  • Sean Sheer luck has today signed his political death warrant, oblivious to the fact that he has lost thousands of voters.
    Although his actions would imply that he is unaware what a voter is.

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  • Irish politics are really confusing. How does a person representing the people of cork east, manage to pass a law that will affect the interests of the entire country? How does a person who has a degree in business and economics manage to pass legislation about something that he has no experience in? If not how, then why?
    Ok, I may be wrong, I may just be naïve but on the face of it, why does a person elected for the people, by the people, to speak on the peoples behalf, completely ignore what they have to say? Why does everyone else elected in the dáil who also (as I understand, please correct me if i am wrong) had to vote to pass this legislation, who also represent the people of Ireland, who also were elected by us, why do they ignore us. Why do they turn their backs and choose not to listen to the thousands upon thousands of protests about this?
    In previous posts, I have been critical and have said that Irish people seem to lack the drive and the moxy to get up and change things when they see something is wrong, when a government tries to pull a fast one on them. I now have a changed opinion, it seems clear that even if people do protest, even if people do cry out, they are silenced by the will of the eu, and their lips sealed with brown packages and golden handshakes.
    Why? Because Ireland begged for a bail out when they needed it most? I thought that was the idea of the eu, to help its member states in their hour of need in the knowledge that, when recovered, they would repay their debt.
    Because our government is now at the beck and call of the eu seeing as they bailed us out? Because the people whom we elected sold us all down the Liffey, and then tried to blame it on us, claiming that we “simply went mad borrowing”?
    I ask you, if the eu no longer listens to our side of the story, if they tell our politicians what laws must be passed and what laws must not, if they tell our people they cannot cut turf because of an environmental act some quack in Brussels conjured up, and that they can’t log on to YouTube or Facebook because it contains copyright material they deem unacceptable, even though it’s been there for years, then what of the fate of the Irish.
    When our politicians are told to jump and we hear them ask “how high?”, what is our beautiful country to become, but a lap dog, for the eu, or whoever makes these decisions, to do with as they see fit.
    Perhaps I am naïve, perhaps I am narrow minded, but I have seen many many examples of this in Irish politics, the lisbon treaty (round I and II) , the “negotiation” of the interest rate on the bailout, and now this Irish sopa to name but a few.
    So what, I ask -a 19 year old, with little prospect of finding a job for himself here when I finish my degree thanks to decisions made on my behalf- is the real definition of Irish politics? Someone please tell me.

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  • Sean Sherlock is the most inexperienced in government circle & we shouldn’t forget him in next election!

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    • Andrew 29/02/12 #

      I contacted all the TD’s in my constituency, and Sherlock, and heard nothing back. I didn’t even get the stock answer they sent out to thousands of others.

      Overall , we had many tens of thousands sign petitions. Thousands of emails and phone calls throughout the country to TD’s – at least 3339 used the boards.ie system alone to send emails and contact TD’s. That’s significant.

      Yet not even a single change after the ‘debate’. A half-arsed display to shut us up. Is electing another eejit in to the same broken system really the best we can come up with?

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    • I was thinking the same thing Andrew – I used the facility that Contact.ie set up and I got no replies either – I used that same template to register my feelings about the anti blasphemy legislation and I got several (personal, not automatic) replies so I know the functionality worked.

      This is yet again ANOTHER example of the Gov NOT listening to us.

      They’ll hear us loud & clear when the next election comes about; the problem is who the hell is there to vote for????? And I personally think that the election will come quite a bit sooner than it’s due…………………

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  • What a disgrace!! The people this Government are supposed to represent do not even know the full story of SOPA and yet they still push it through all secretly, something stinks here.

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  • This truly is a disgrace! It’s really a shame people who are in power dont actually have any knowledge about their area of governance! Welcome to the beginning of the end of the internet in Ireland! Muppet!

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    • an absurd decision to allow a Muppet like Sherlock to sign in a statute without dail or Senate approval…. total disgrace he just did not listen to anybody…the sooner the better this government is brought down

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  • Doesn’t surprise me at all as Governments are just puppets for big business and corporations. Between this and ACTA a new era in censorship beckons to coincide with growing social unrest. Democracy my arse, facisim is back and it truly is time for a global revolution.

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  • Go to hell Sherlock!!!!

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  • This will only damage legitimate Irish sites and Irish businesses i.e. ISPs. It won’t do a damn thing about what it’s supposed to be for!! You can’t shut down foreign sites and any blocks will be EASILY circumvented with VPNs and DNS changes. So, why the hell was this man so DETERMINED to pass this bill into law to damage ourselves?

    Makes absolutely no sense, either he’s a total idiot of the highest order of idiots or something else stinks here.

    Disgusted. He’ll never be elected after this again so will be interesting to see what type of job he gets after his term, some type of music executive maybe?

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  • Shame on you Sean Sherlock ! I call for your resignation

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  • Cue hacks on government sites…..

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  • Timed perfectly when all eyes on the EU Fiscal Treaty. I truly hope his constiuents look elsewhere come the next election and ensure he knows why.

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  • Really, really hacked off with this.

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  • Snake, well Sean these days we don’t forget , ask any fianna failer…

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  • My last opinion was removed. Is this the death knell for the IT industry in Ireland. Go to hell Sherlock!!!!!!

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  • time for a revolution to straighten these corrupt fucks out

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  • So who has been giving Seany promissory notes, eh?

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  • Sherlock is just a puppet, hope you all see now that our government have no power. They do what they’re told. It’s time to take this country back. We just need to find a way.

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  • In another time and place, he would have been to one to introduce those e-voting machines!

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  • They will do what they like,and simply because we have let them away with it for so long.They dont want to know what we care about anything.Loads more shite to come yet.We will see loads and loads of jobs to be created now,leading up to this referendum.WE better get it right time.Last Waltz folks,brussels soon to be doing our budgets.Wakey,Wakey.

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  • R.I.P. Internet freedom 1991 – 2012. Nice knowing ya!

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  • Is it the only way they can get to keep the major multinational companies happy, our corporation tax rate not enough, now we prostitute other freedoms to pander to them. While the rest of Europe and the world debates it we sneak it in the back door. Totally wrong.

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    • If it was that that motivated them, then they got it even more wrong than you think.

      You are right though, I think they were caving to the obviously skilled lobbying of old style music publishers, who can’t or won’t accept that the world has moved on and their business model has to move with it. But those are not the big business that will matter in the future. The ones that WILL matter, and already employ far more people, are those that will be negatively impacted by this legislation.

      This isn’t an additional sweetener to add to the lure of our corporation tax, it could be enough to cause companies to strike Ireland off their list of good places to do business. If the first case taken under the legislation (and I don’t think we’ll be waiting too long for that) is not thrown out of court, then it could even lead to companies that are already here examining their position.

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  • And there goes free speech. You can bet any government clips even used within fair usage terms to oppose the government will be handily removed amongst other things. Sherlock, resign.

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  • No point complaining here all the good it is going to do. Here is sherlocks own website that includes phone numbers and his email address.

    http://www.seansherlock.ie/

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  • RIP Freedom of speech!

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  • This is the response of Stop SOPA Ireland:

    http://stopsopaireland.com/response-to-signing-of-sopa-ireland-si/

    A disgraceful decision.

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  • A clueless w*****! The lobbyist’s bitch has done his job well. The ‘music industry’ will be most pleased. Watch what happens now folks and be careful what you download because now you’re in the firing line!

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  • exacting what I was about to post!

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  • Poxy little rat.

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  • Sneaky shortsighted sycophantic TWAT

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  • Bye bye Internet freedom!

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  • Grab yiz yer popcorn and watch these record labels do a run on the courts.

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  • jimbo 29/02/12 #

    i called him a dickhead and it was removed,yet they let other worse terms i could call him remain??]

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  • Reg 29/02/12 #

    Cue the outraged!!

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  • There goes the free porn

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  • I wonder how much did he sell irish freedom for…

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  • This is all just so depressing, I’m losing faith in humanity day by day. Ireland are being used as a draft for the rest of the EU. We were always going to be the first ones, because at the minute we are the least powerful. Sickens me to think people cash in at the top at the expense of millions. Vampires is all they are.

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  • another name for the list of traitors.
    it’s getting quit long now.
    there’s even a shinner on it now.

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  • paul 29/02/12 #

    Does anyone really expect the retards in govt are going to stop people from using the Internet the way they want to? Their clueless

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  • Sly Sherlock which I will call him now, as he sneaked the bill out from people’s noses and passed it which he had no right to do. The next stop he will be making is to the dole office hopefully. Can anyone tell me is this the end of facebook in Ireland? Maybe we should get Mark Zuckenberg over here, so he can sort Sly out. This is another example of govt not listening to the people, we are insignificant to them, until there is an election….

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  • I Propose we all start posting copyright infringement material on all government , political and affiliated sites and forums and watch SOPA legislation take down there websites =)

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  • The meme has been created. Do your worst..

    http://memegenerator.net/Sean-Sherlock-Td

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  • skeolawn 01/03/12 #

    He even looks embarrassed – bet he’s on the phone to his mammy

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  • @sheila murphy , VOTE FOR ME! I am seriously considering running for election, simply because I have had enough! I am working class, born and bred blue collar, and not just a wannabe, I AM THE STATISTICS! My basic manifesto is this: Don’t pay the next installment of 125bn to the bondholders, instead, what we need to do is take this money and invest in our hospitals, schools and broadband infrastructure.
    There will eventually be an upturn in the global economy, and at the moment Ireland is positioning itself to have a workforce that is unhealthy, uneducated, and working with bloody slow technology!
    We need to invest and be ready.
    Its simple, wealth is created by the movement of money, and in the current Irish climate money is not moving.
    Rather than send money out of the country, invest in getting schools and hospitals up to standard, this will require investment in the traditional trades, plumbers , electricians etc. It will also require investment in teachers, radiographers , doctors , cleaners etc.
    All these people will then be earning again, and what happens when people earn? They pay taxes , and spend.
    They spend in shops, which enables retailers to take on staff, they spend in pubs, which allows the vintners to take on staff, and what do these staff do? spend their wages!
    It is the movement of money that needs to happen, and this movement happens internally, not by sending money offshore to the ‘mainland’ , if people don’t have even a minimal disposable income, and are afraid to spend what little they have, wealth will never be created.
    I am not an economist, a politico or a messiah, I am a divorced mother of two, who was made redundant last year,signed on for two weeks, got a new part-time job and is trying to support two young adults who are trying to get to university

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  • should the people not of had a vote on this like its a pretty big thing just so some little arsehole could make a name for him self

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  • What happened to all the petitions against SOPA? What happened to the fact that the majority of people are against SOPA? Has the government decided that we don’t count anymore?

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  • Well Irland you let the corrupt politicians and bankers saddle you with all the debt that was not yours did you take to the streets on mass no you let them off.Now again you voted in again politicians who are screwing you yet again ,Irland will be like Argentina in the 90′s

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  • Anyone know how long these gombeen corporate puppets need to be in office to keep their outrageous pensions while they work their own jobs? Hopefully when the referendum is lost hands down in May, the whole lot of them will get what they deserve, however unlikely that is.

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  • To be alliterative – Shit on Sean Sherlock.

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  • Well, I never thought I’d see the day Ireland was the home of tyranny. But i guess bribes work anywhere. I’m thinking of changing my last name.

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    • I agree! They can’t be called bribes anymore, they are just expected wages at this stage. The world is being run by a drastically few amount of people, who are cashing in on the expense of everybody else.

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  • Are they censoring already wheres my comment

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  • This is the response of Stop SOPA Ireland:

    http://stopsopaireland.com/response-to-signing-of-sopa-ireland-si/

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  • Well I hate having to say this But I think the IMF coming in and taking over this country is our best best, and least it will not be half wittted twats like Sherlock, running every aspect of this country into the ground

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  • Those this mean I can download my torrents more easily?

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  • LOIC ready aim!!!!!!!!!

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  • Please just leave this country Sherlock ignoring the peoples opinions. I will now never vote for him if I have the chance, or any party he was part of or joins in the future. (ie. Labour Party). Count that as a minus one vote. Sherlock, GTFO.

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  • Oh

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  • It’s always heartening to see that social gadflies in Ireland are almost always so enamoured with the US that stuff like this often gets passed HERE with nary a peep.

    The irony that leftist Irish of the “Land of the Free!? ROFL” variety often do more to protect american rights when legislation like this is proposed than they do their own purely by helping draw attention to the cause in their mad rush to make a political point that becomes less and less true with every passing year.

    The anti-bigotry laws are an example of a similiar situation – there is no way in hell it would be passed in the States but if it was even proposed sneering cries of “Fascism!” would be heard in all coreners of our fair isle. Happens in Ireland and friends of mine who cant stop talking about the PATRIOT act are not even aware of its existance.

    A reorientation of the lefts agenda and priorities has long been needed.

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    • This is not a criticism of the many people here who probably DID try draw attention to it, however a quick flick through of, say for example, mainstream news coverage of both the bills will show how true my above statement is.

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  • Too much legislation going on for a small island. Is this just another statutory instrument for lawers to make a killing on? Seems to be the trend….

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    • I never thought about that. We live in an age where you must question everything that’s happening around you and pursue answers. But how can we possibly prove something like that is going on?

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  • Who is he lobbying for , A new Itab3 coming to his office me thinks, I smell Apple behind all of this Shenanigans.

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  • Folks, some comments have been deleted as they contained personal abuse aimed at Seán Sherlock. Whatever your opinions of him, there is no need for that and it breaks our comments policy which I would ask you all to note. http://www.thejournal.ie/comments-policy/

    Many thanks,

    Hugh

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    • With all due respect. Sean does not hold a qualification in a field which relates to the decision he made.

      The words I used where not a personal insult, they where demonstrating my disappoint with the Irish government.

      If a politician is a Minister for a particular topic, I expect him or her to be qualified in that area therefore been competent to complete there duties.

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    • calling him a moron is a statement of fact based on his actions though. :)

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    • Hugh, I’m really surprised that you censor some of your readers’ comments….so this means you are not in favour of freedom speech? Remember this is Ireland not Syria! You need your head examined!

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    • You’re comparing Ireland to Syria because you had a comment deleted on a news site, Toureag?

      You absolute f***ing cretin! That’s actually disgusting!

      People like you make me think that censoring the internet might be a good idea after all.

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    • You’re comparing Ireland to Syria because a news site is moderating defamatory comments, Toureag?

      You absolute f***ing cretin! That’s actually disgusting!

      People like you make me think that censoring the internet might be a good idea after all.

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    • Defamation? DEFAMATION?

      Hugh, are you out of your mind? Sherlock is complete moron, that is not an opinion, it’s a factual observation. He has no idea what he’s doing, he’s inexperienced, he’s like a toddler operating a space shuttle, and thus I will call him whatever the hell I want. This is the internet, this is a public forum, and hence, my opinion. Moreover, I will continue to call Sean Sherlock a moron, an idiot, a child, no matter how many times my comment may get removed.

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    • paul mc 29/02/12 #

      “This is the internet, so the law doesn’t apply”

      This is the moronic attitude that necessitates such legislation.

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    • Paul Mc, I think you need to reassess your views and try to understand why so many people are opposed to internet censorship.

      Reply
  • They seen how the riots in england and america were all started,then organised by intetnet,FB Etc.They are scared of riots here,so will be eying up all the social media sites,and the first sign of any disobedient activities,they will shut down the sites,so people cant contact each other.

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  • what a lot of pro sopa people dont seem to get is that this is just the first step in the journey for government control of the internet. as it is, the internet gives people a platform to voice their opinions.anyone who thinks that the government have the morals or intelligence to use these powers properly and honestly is simple naive…

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  • Wonder what his pay off was for doing this….. welcome to the corporate world where the people don’t matter. Some day there will be an uprising…

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  • Just another sign that shows that government all around the world is corrupt and in the pockets of those who have all the money.

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  • I don’t think I like this man very much.

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  • The public should protest his law by breaking it on mass

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  • Socialist Dictatorship Ireland, rise and fight!

    Fight for your freedom now! And this comes from me supporting to stay part of the UK
    Fight!!

    Stand and fight for your freedom!

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  • LOIC’s ready aim !!!!!!!

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  • Would I be right in saying that a majority of annoyed people are only so, due to sopa istopping/hindering/ threatening their illegal downloading? Green thumbs or red thumbs, I don’t care, just looking for truthful articulate answers!

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    • Government is for the people not big business , why should we sign laws to protect an antiquated business model while restricting citizens online freedoms . This is why this bill is wrong,

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    • For the majority, I would say yes.

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    • Well put Alan

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    • Andrew 29/02/12 #

      Hi Gordon,

      Actual piracy will not be stopped, hindered or threatened by this legislation. It’s extremely easy for pirates to bypass this. What’s really at risk are businesses. ISPs, and those which provide on-line community interaction, such as ‘boards.ie’ or Youtube, Facebook, etc..
      The law is ridiculous. The definitions of breach of copyright haven’t been clearly defined at all. They could be taken down by private interests without any court order because one of their users posts or links to something which is in breach of copyright.

      These are corporations who are attacking the public’s right to free speech through our ‘democratic system’ and courts. They claim losses from piracy while their profits are higher than ever. Digital copies sell more and cost them zero to recreate and distribute. They falsely argue that pirates would have purchased, which is rubbish.
      When something can be duplicated without loss, then the rules have to change.

      The problem isn’t the internet, or pirates. Artists need to find new ways to make money – the old ways no longer make sense. These middlemen need to follow in the path of blacksmiths and ice distributors. They’re becoming obsolete.

      Aside from all that, the internet has always allowed freedom of speech. This sort of sloppy legislation threatens that.

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    • Not even slightly. According to this ridiculous piece of legislation you can now be the subject of an injunction for even posting a song on a social network page. In the US they dropped the legislation because the people objected whereas here they just put it through anyway. Wankers.

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    • No. This law goes too far, imposes excessive penalties, and doesn’t fix the problem: the media industry hasn’t figured out how to make their business model work in the internet age and is trying to roll back the clock by dubious legal methods.

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    • Is about our right of freespeech being taken from us, yes of course we want to download stuff but the majority of people realise the real consequences

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    • Blogging etc that uses other people’s material needs to be acknowledged as things stood yesterday. This is only an affirmation of what previously existed.

      Most people are using this as a smokescreen to beat the gov with. Yes they’ll also be upset they can’t illegally torrent everything on the Internet.

      You downloaded 100gb of mp3′s. Well done.

      It’s also stealing.

      All this has been blown out of proportion. Calm down folks. You want something. Pay for it. If you can’t afford to. Do without.

      Reply
  • In fact we switch off him off Apple, HTC and Samung as well as review his tax income. Ala verdy

    Reply
  • Irish SOPA is yet another zhopa. Who cares. It is all crap anyway

    Reply

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