Thursday, July 02, 2009

The Music Industry v. ISPs - Round 2 - UPC and BT vow to fight

Adrian Weckler has the press releases:

The company is now preparing its defence and intends to vigorously defend its position in Court...

UPC has made its position clear from the outset -- it will not agree to a request that goes beyond what is currently provided under existing legislation. There is no basis under Irish law requiring ISPs to control, access or block the internet content its users download. In addition, the rights holders' proposal gives rise to serious concerns for data privacy and consumer contract law.

Irish and European law maintains a careful balance between the rights and obligations of copyright owners, internet users and ISPs. The three strikes policy that was agreed in private with eircom as part of the settlement, and any attempt to impose in upon the industry generally, seriously undermines that balance.

It is unfortunate that the rightsholders did not take up UPC's suggestion that it convene a stakeholder forum in which their concerns could be addressed. UPC indicated that it would be willing to participate in such a forum provided all relevant parties that have a vested interest in this matter were included (eg ISPs, the Data Protection Commission, the National Consumer Agency and relevant Departments of the Government). (Emphasis added)
BT are more laconic:
BT Ireland believes there is no legal basis for such a claim and the proceedings will accordingly be strongly defended.

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