IRMA have failed to obtain injunctive relief against UPC forcing the latter to adopt the 2 strikes rue to combat online piracy. Justice Peter Charleton in the High Court appeared to be very much on the side of the plaintiffs, but said that Ireland did not have the necessary legislation in place to deal with the issue and that out of respect for the separation of powers he could not grant injunctive relief.
RT News: Record companies lose illegal download caseThe Irish Recording Music Association (IRMA) wanted a High Court injunction so that UPC would have to prevent the theft of their copyright by its subscribers.
But Justice Charleton ruled that there is no provision for the blocking, diverting or interrupting of internet communications intent on breaching copyright.
The injunctive relief was declined.
UPC has said it does not condone piracy, but today's ruling supports the principal that ISPs are not liable for the actions of their customers.
In the short term, this decision is a positive in that it will force IRMA to think about better ways to handle the problem. The worrying thing though is that this case will most likely provoke some ridiculously draconian and ill-though-out legislation to "deal" with the issue a la headshops.