EMI Records has filed a
lawsuit against the Irish state for not fulfilling its obligations
under European law to block online piracy.
Despite major record
labels in Ireland (Warner, Universal, Sony and EMI) being harmed by
Ireland’s lack of “blocking, diverting or interrupting of
Internet communications,” which breaches copyright law, Ireland
never implemented any piracy blocking provisions and last year member
of the High Court Justice Peter Charleton acknowledged this.
“It is not surprising
that the legislative response laid down in our country in the
Copyright and Related Rights Act 2000, at a time when this problem
was not perceived to be as threatening to the creative and retail
economy as it has become in 2010, has made no proper provision for
the blocking, diverting or interrupting of internet communications
intent on breaching copyright,” Justice Charleton’s judgment
causal link between Irish law and filesharing will be difficult,
particularly given the evidence from elsewhere that blocking is
ineffective,” said TJ McIntyre, lawyer at the University College
Dublin. And while site-blocking is a last resort for the record
labels, the link between the breach of the State’s obligations and
the labels’ losses could prove to be problematic.