Friday, August 07, 2009

Eircom briefing note on "three strikes" filesharing settlement leaked

I've just stumbled on a document on scribd which purports to be a "Briefing Note on arrangement between Eircom and the Irish Recorded Music Association (IRMA) with regard to Copyright Infringement" dating from March. While there's no indication as to who posted the document or whether it is authentic, it certainly appears to be genuine and to reflect Eircom's position. There are some very interesting details in the document as to how Eircom proposes to implement "three strikes" and here's an excerpt:
Under the draft protocol, the notification shall include the following information (at a minimum):
* details of copyright holder (name and address);
* why the notification is being sent (i.e. setting out the breach of copyright);
* the actual copyright work that has been infringed (information on copyright material, for example artist, song, title and album title);
* the IP address;
* the time stamp of when the investigation was initiated;
* the time stamp of when the investigation was completed, the peer to peer application/software used by the customer;
* and, the digital fingerprint/hash for copyright material detected;

The last item, the digital fingerprint/hash of the copyright material detected, allows eircom to verify that the copyright work identified by the record companies is in fact owned by them.

In addition, the information which will be 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 and eircom will not act upon a notification from the record companies that does not contain the information set out above.

eircom has also requested that the record companies provide independent certification that the notification has been lawfully obtained by and on behalf of the record companies.

The record companies are also to provide reputable annual independent certification that the necessary legal, I.T., entity level and regulatory controls relating to the obtaining, generating and processing of data by Detecnet (or any other supplier engaged by the record companies) have been complied with.
Full text.

Update (19.08.09): Torrentfreak and SiliconRepublic have since run stories about this document.

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