Seanmcn.com

Via TorrentFreak

Earlier this year IRMA – which controls 90% of Ireland’s recorded music and represents the likes of EMI, Sony, Universal and Warner – reached a private agreement Ireland’s largest ISP, Eircom, to implement a 3 strikes deal for alleged pirates.Details of the arrangement have been fairly limited but now an apparently leaked document gives a unique insight into the private deal put into place to allow Eircom to avoid further expensive legal action at the hands of the music industry.

The document passed to TorrentFreak, titled ‘Briefing Note on Arrangement Between Eircom and Irish Recorded Music Association (IRMA) with regard to Copyright Infringement March 2009′ begins by giving some background to the deal and why it was implemented.

The document explains that IRMA will supply Eircom with IP addresses and evidence to prove infringements. The document specifically lists not just uploading infringements on peer to peer networks but strangely, downloading too. Quite how downloading will be proven will remain to be seen.

Under the agreement, IRMA will supply the following information in their infringement notifications:

1. Details of copyright holder (name and address)
2. Why the notification is being sent (i.e. setting out the breach of copyright)
3. Details of the actual copyright work infringed (artist, song, title and album title)
4. The IP address along with a time stamp to show when the investigation was initiated
5. A time stamp to indicate when the investigation was completed
6. Details of the P2P application used by the alleged infringer
7. The hash value of the infringed copyright work

The document says that the information provided by the record companies “will be of the same type as that used in the three previous disclosure actions in the Irish High Court involving the parties,” noting that Eircom will not act on a notification which does not carry the information listed above.

On the first strike, Eircom will inform its customer there has been an accusation of copyright infringement. On the second accusation the customer is warned that he risks being disconnected if there are further allegations. The final step is detailed in the document as follows;

On a third occasion of being detected as infringing copyright, and having reviewed the position, the subscriber will be served by Eircom with a termination notice and, subject to extenuating circumstances arising, will be disconnected thereafter.

So have to say, I’m happy to be on Chorus at the moment! Though no Irish ISP will be safe for long with the RIAA taking them all to court to make similar deals. [Irish RIAA takes ISP's to Court ] Honestly I thought Irish ISPs where just under the radar of the MPAA but it appears not! Guess we’d all want to start using PeerGuardian hey? Of course about 73% of all lawsuits for downloading are never settled and end up in court, where the RIAA has to use its own money to prove you did something wrong, and the lawyers get most of the settlement anyways.

But what can we do? Don’t worry not all hope is lost! We can still Boycott the RIAA