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Supreme Court: Eircom can continue 'three strikes' policy on illegal downloading

The Data Protection Commissioner had appealed a High Court ruling which had quashed an earlier decision to order Eircom to suspend it’s ‘three strikes and your out’ agreement with four music companies.

EIRCOM CAN CONTINUE a policy of issuing three warnings to customers suspected of illegally downloading copyrighted music before cutting off their broadband, the Supreme Court has found.

In a ruling issued by Justice Frank Clarke today, the court has dismissed an appeal by the Data Protection Commissioner (DPC) against a High Court order in June 2012 that allowed Eircom to continue its agreement with music companies.

The Irish operations of EMI Records, Sony Music, Universal Music and Warner Music were all parties to the case which was brought after the DPC had ordered Eircom to cease its three strikes policy, citing data protection concerns.

In 2009, Eircom reached an agreement with the four music giants that it would implement a three strikes policy whereby those who were warned on three occasions about downloading copyrighted material would face having their internet cut off.

However the DPC issued an enforcement order on Eircom to cease this policy in 2011, claiming certain aspects of that settlement might amount to a breach of data protection law.

However, the High Court ruled last year that the notice “contained no reasons” whatsoever and that their omission “vitiated its validity”.

The Supreme Court has today ruled that the appeal by the DPC of this ruling should be dismissed and the order of the High Court judge, Justice Peter Charleton, should be affirmed.

The Court also explained in its ruling today that the policy means that three infringements will mean an Eircom subscriber’s internet is suspended for a week, while a fourth infringement will result in withdrawal of service.

At no point is the identity of the subscriber disclosed to the record companies or anyone else, the judgement noted, and the subscriber can seek access to the internet via another provider.

Read: High Court orders six Irish internet providers to block The Pirate Bay

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43 Comments
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    Mute Caitríona O'Neill Ashe
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    Dec 25th 2021, 6:46 AM

    Some people are lucky like myself I’ve 4 adult (Kids) I know what date Christmas falls on every year so I save.

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    Mute Sinead Merrigan
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    Dec 25th 2021, 8:48 AM

    @Caitríona O’Neill Ashe: good for you. At least you have the ability to do this.

    26
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    Mute Caitríona O'Neill Ashe
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    Dec 25th 2021, 9:03 AM

    @Sinead Merrigan: I was on my knees I’m not gloating at all I done my best to make myself better if you read down the page there’s a bit more information. X

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    Mute Caitríona O'Neill Ashe
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    Dec 25th 2021, 9:05 AM

    @Sinead Merrigan: might have taken you up wrong I just read back x

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    Mute Pauline Gallagher
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    Dec 25th 2021, 7:23 PM

    @Caitríona O’Neill Ashe: Oh my lol what a smug, glib response. Maybe, just maybe they prioritize food and shelter over spending thousands on pointless stuff that kids have already either broken or grown bored of in January. I stopped believing in Santa Claus when i was about 8. Too many coddled, immature kids believing in nonsense (and i include god in that) way past the time they should. If i had kids, i wouldnt raise them to believe in some man they believe has the ability to give them whatever they want, especially when what kids want these days is insanely expensive. Like some other poster said here, Christmas is the biggest,. most overrated money spinning con job.

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    Mute James Fox
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    Dec 25th 2021, 6:59 AM

    I remember when I was a child Xmas mornings are the memories that I cherish most growing up in the same house. For a child not giving that opportunity is a terrible tragedy more so in a country of Ireland’s standing. Shame on those responsible. Happy Xmas to all.

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    Mute Caitríona O'Neill Ashe
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    Dec 25th 2021, 7:30 AM

    @James Fox: breaks my heart that thier are kids with not a roof over thier heads also,I was a single mam once so I saved 2€ or whatever I had a week from working I’d to pay bills even in my parents house but I done it,suffer little children suffer and that’s not the way life should go.
    I’m not aiming that at you James I just can’t see replies,Merry Christmas from my home to yours

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    Mute Splat
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    Dec 25th 2021, 7:55 AM

    @James Fox: there is many that don’t celebrate Christmas anyway. What you never had you never miss. It may appear to be a tragedy to you. A tragedy is not having a bed to sleep in. Christmas is a big con anyway.

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    Mute Caitríona O'Neill Ashe
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    Dec 25th 2021, 7:59 AM

    @Splat: happy Christmas enjoy the roof over your head x

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    Mute Raymond Barry
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    Dec 25th 2021, 10:29 AM

    Give us a break it’s Christmas morning.

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    Mute Pauline Gallagher
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    Dec 25th 2021, 7:26 PM

    @Raymond Barry: If Christmas morning is so important to you then what are you doing on the Journal. Not everyone likes Christmas, they just endure it to keep everyone else off their backs.

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    Mute Neuville-Kepler62F
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    Dec 25th 2021, 9:53 PM

    Make it your new year’s resolution … for all Irish kids into the future. They deserve it.

    https://www.change.org/p/irish-referendum-on-family-home-special-status

    “All Irish (EU) citizens should be able to afford, to OWN their own homes, on average incomes, in their own country.” 

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