After finding they couldnt licence their own favoured "customer spy" system to the major Irish ISP companies the recording companies are trying to play hard ball.
http://www.rte.ie/business/2008/0421/eircom.htmlEircom has rejected claims by four major record companies that it, as the largest broadband internet service provider in the State, must bear some liability for the illegal free downloading of music by computer users.
The companies have claimed Eircom's networks are being used 'on a grand scale' for illegal downloading.
Mr Justice Peter Kelly said today he expected to fix a July date for the hearing of the unique action brought by the record companies against Eircom. The action is the first here aimed at internet service providers, rather than individual illegal downloaders, and reflects growing concern within the music industry about the scale and cost
Mr Justice Kelly was told by Mr Paul Coughlan, for Eircom, there would be considerable technical evidence in the case relating to the claims that his side was failing to remove copyright infringing material from its systems. Eircom claims the companies have failed to identify such 'infringing material' and, if they have identified such material, then Eircom claims such material cannot be removed without damaging Eircom's systems/equipment or internet services.
Eircom told the companies last October it was not in a position to run the Audible Magic software on its servers. It also said it was not on notice of specific illegal activity which infringed the rights of the companies and had no legal obligation to monitor traffic on its network.
European law is rather more clear on this issue, invade the consumers privacy and face the flood of lawsuits for invasion of privacy, the law clearly respects the job of any ISP is to close its eyes to what crosses its network, spying on its customers is actually illegal without a court order.
