High Court proceedings between EMI, Sony, Universal and Warner versus eircom which have been at trial for eight days, have been settled today with the parties agreeing to work together in a bid to reduce illegal downloads.


For over a decade, the international music industry has been reeling from the billions lost by the surge in illegal file-sharing and digital downloads on the web.

The situation has exacerbated in recent years with the increased availability of broadband, and  in the agreement, which both parties expressed their satisfaction, they have agreed on a joint approach to end the abuse of the Internet by P2P (Peer to Peer) copyright infringers.


An independant company working on behalf of the music companies will monitor download piracy with DetecNet, a P2P file sharer and then supply eircom with the IP addresses of all persons who are detected illegally uploading or downloading copyright works on a peer to peer (P2P) basis.

eircom has agreed that it will then commence a process against suspects which has already become known as “three strikes and you’re out” in which it will....

• Inform its broadband subscribers that the subscribers IP address has been detected infringing copyright and

• Warn the subscriber that unless the infringement ceases the subscriber will be disconnected and

• In default of compliance by the subscriber with the warning it will disconnect the subscriber.

In an interview on Matt Cooper's Today FM's Last Word program , Sunday Business Post journalist Adrian Weckler said with IP Anom techniques it would be difficult for the music companies to accurately pin point the serial culprits, although this was rebuffed by Irish Recorded Music Association (IRMA) Chairman and Managing Director of EMI Ireland Willie Kavanagh who stated they have the technology to overcome this problem.

The record companies have agreed that they will take all necessary steps to put similar agreements in place with all other ISPs in Ireland.

In reaction, Ronan Lupton, Chairman of the Association of Licensed Telecommunications Operators (ALTO) which represents BT Ireland, Magnet Networks, NTL, Chorus, Smart Telecom, Budget Telecom, Cable & Wireless, Colt Telecom, Complete Networks, Digiweb, ESB Telecoms,  Verizon and 3 Play Plus, said: “As yesterday’s agreement between Eircom and the record companies was a direct action against Eircom it is not enforceable on Ireland’s other broadband providers."

"While we obviously do not condone illegal downloading or any illegality on or over the Internet, we firmly disapprove of any draconian measures that would compromise the privacy, speed or services offered to broadband users. We do not need measures to further impede the development of next generation broadband in Ireland,” he concluded.


Already, some Irish internet users have said they will move away from eircom for such actions.

It is thought had Eircom not have negotiated the settlement, it may have been pushed towards a much worse situation of having to be responsble for the manner in which its broadband is used. With their "three strike" rule it has brokered a deal which goes some way to protect the identities of the majority law abiding internet users.

It's true the agreement is unprecedented worldwide, however it must be remembered that infringing copyright is simply illegal, and it is thought that the States other providers will, at some point, give undertakings to follow in the footsteps of eircom.