Monday, October 11, 2010

EMI v. UPC - Full judgment now available

It's been a busy few days for copyright law in Ireland. First the important decision in Koger v. HWM, and now the landmark decision in EMI v. UPC (RTÉ | Irish Times), which derailed music industry plans to compel ISPs to introduce "three strikes" in Ireland.

I'm still digesting the 82 pages of the judgment, but in the meantime here's the full text for your delectation:

EMI v. UPC                                                            


  1. An interesting post by Maman Poulet about the lobbying on this subject:


  2. "he attempted to illegally download the track "Viva la Vida", a track produced by the group Coldplay. He went to a well-known site for facilitating music piracy called 'The Pirate Bay'. First, he installed on his computer at home a peer-to-peer file sharing application called LimeWire. This took a few seconds. This was free and was enabled very swiftly after he became a member of the Gnutella/LimeWire peer-to-peer network. Then, using the relevant software and the same website, he did a search on the internet for the track. A huge number of hosts for the track came up and he downloaded the song onto his computer in a very short time."

    Please tell did he use TPB to find a file to download with LimeWire? Am I crazy or did this lawyer try to mix BitTorrent with Gnutella? TPB in no way works with LimeWire as LimeWire is a P2P sharing program that doesn't use the BitTorrent protocol for sharing files. This is retarted.