Big Precedent: Irish ISP Adopting Three Strikes

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The debate over how to handle piracy on the internet has been ongoing for years, and it shows no signs of slowing down. Internet Service Providers (ISPs) have been grappling with how to deal with piracy without alienating their customers or violating their rights. Graduated response programs – which involve warning, monitoring, and, in some cases, disconnection – have been proposed as a solution, but they have proven to be controversial.

ISPs are mostly resisting graduated response programs to deal with piracy, especially those that end with disconnections. Instead, companies like Verizon are hoping to maintain the status quo, one that forces rights holders to seek court orders to discover identities and initiate legal proceedings. A separate, more moderate group appears willing to warn and monitor, without exacting harsh cut-offs.

Surprisingly, at least one ISP is now playing along with major labels, thanks to a court-structured settlement. On Thursday, news surfaced that Irish ISP Eircom had agreed to implement a graduated response program, one that includes disconnecting accounts and terminating customer relationships. The company will pursue infringing customers according to a three-strikes process – one that starts with warnings and ends with severed lines.

“The record companies have agreed that they will take all necessary steps to put similar agreements in place with all other ISPs in Ireland,” Eircom continued. But the deal, forged with the Irish Recorded Music Association and other groups, could draw legal challenges.

The plan reflects a compromise with major labels, a group that had been pressuring Eircom to install software that would filter and fingerprint content. According to Reuters, Eircom feared that the software would interfere with its network, and instead opted for the more straight-ahead, three-strikes plan.

Of course, that creates a huge competitive disadvantage for Eircom, especially among media-hungry subscribers. But the company – and Irish industry – is aiming to spread the settlement to other ISPs in the region, and potentially beyond.

The issue of piracy on the internet is a complex one, with no easy answers. On one hand, content creators have a right to protect their work, and piracy can have a negative impact on their livelihoods. On the other hand, internet users have a right to privacy and freedom of expression, and they should not be punished without due process.

Graduated response programs have been proposed as a way to balance these competing interests, but they have been met with resistance from ISPs and internet users. Some argue that these programs are a violation of privacy and due process, and that they could lead to false accusations and wrongful punishments.

Others argue that graduated response programs are necessary to protect content creators and discourage piracy. They point to the success of similar programs in other countries, such as France and South Korea, where piracy rates have decreased significantly.

In the end, the debate over piracy on the internet is likely to continue for some time. ISPs, content creators, and internet users will need to work together to find a solution that balances the competing interests at stake. Graduated response programs may be a part of that solution, but they will need to be implemented carefully and with respect for the rights of all parties involved.