High court ruling aallowing Eircom proceed with cutting off internet access

FloatingVoter

Kevin! wrote: »

will they be monitoring rapidshare usage? as It's not p2p

The issue involves what you're downloading not how you're downloading it. Filesharing and using p2p networks are completely legal. Its the downloading of copyrighted content that is the issue. So if you're using rapidshare to download copyrighted material then yes, the case does concern you.

Scotty #

antocann wrote: »

i think it will result in eircom loosing customers to their rivals

Eircom are just being used as a test case in the high court. Once approved there, I guarantee all other ISP's will follow suit. No ISP is going to be seen to facilitate illegal activity.

Internet access in Ireland (or the EU) is not a human right. It is in France, Greece, and one or two other EU countries. Anyway, it's irrelevant, having the right to access something does not mean you can use it illegally.

The companies who have taken this case... EMI, Sony, Universal and Warner have said they are not interested in prosecuting individuals. They just want a stop put to the activity. Personally I think the fact that you get two warning first is extremely lenient of them.

By the way, Warner actually own uTorrent. I wonder is that how they had a big list of Irish IP addresses of illegal downloaders with them on court?

Mr Justice Charleton ruled that IP addresses of suspected illegal downloaders in the possession of the record companies who intend to give them to Eircom are not “personal data” or sensitive personal data such as required the companies to comply with data protection issues.

Eoin_Sheehy wrote:

They never are they've got balls and won't be told what to do by IRMA!

LOL! Eircom complying with Irish Law and International Copyright Law is 'not having the balls'? They may not do with IRMA tell them - but they WILL do what the high court tell them!

limklad

thefishone wrote: »

What gets me about this is,what if one member of a household is downloading stuff illegally and they cut them off,then are you not punishing the whole family for the crimes of one member,if a person commits a crime,we don't send the whole family to prison.......or am I missing something

If someone hack your connection via wifi or by the modem through externally connection and uses your computer/modem to relay illegal stuff, your are liable for the illegal download for it is your responsible to secure your connection. nearly most of the population cannot secure their internet connection, even they major companies are having difficulty in securing theirs as devious programmers are always finding and exploiting loop holes in software.

THAT MEANS IF YOUR CONNECTION IS TARGETED THEN YOUR ARE SCREWED. Saying that hackers are exploiting is no defence to the isp's and IRMA.

potsy86

glad i got rid of eircom last week rip of merchants moved to a new provider faster cheaper and unlimeted download useage eircom is a semi state company so has to give in to that sort of stuff banning people for downloading

IrishTonyO

potsy86 wrote: »

glad i got rid of eircom last week rip of merchants moved to a new provider faster cheaper and unlimeted download useage eircom is a semi state company so has to give in to that sort of stuff banning people for downloading

Eircom has not been a semi state company since it became Eircom and not Telecom Eireann. It's a private company

yomamasflavour

limklad wrote: »

If someone hack your connection via wifi or by the modem through externally connection and uses your computer/modem to relay illegal stuff, your are liable for the illegal download for it is your responsible to secure your connection. nearly most of the population cannot secure their internet connection, even they major companies are having difficulty in securing theirs as devious programmers are always finding and exploiting loop holes in software.

THAT MEANS IF YOUR CONNECTION IS TARGETED THEN YOUR ARE SCREWED. Saying that hackers are exploiting is no defence to the isp's and IRMA.

Not necessarily true.
http://torrentfreak.com/ifpi-loses-yet-again-in-p2p-wireless-defense-case-081007/

potsy86

IrishTonyO wrote: »

Eircom has not been a semi state company since it became Eircom and not Telecom Eireann. It's a private company

my mistake just heard people saying it so i tought it was true i stand corrected

PogMoThoin

FloatingVoter wrote: »

The issue involves what you're downloading not how you're downloading it. Filesharing and using p2p networks are completely legal. Its the downloading of copyrighted content that is the issue. So if you're using rapidshare to download copyrighted material then yes, the case does concern you.

With p2p Your ip is visible to whoever joins the torrent, which is what they do and record all the other ip addresses, they aren't doing anything illegal as they own the content. Rapidshare is different, its a 1:1 connection between You and the server, nobody else sees what You're downloading, only the ISP can if they sniff Your traffic, but thats illegal

PDD

I thought this idea of a three strikes rule had been thrown out of the top European court for human rights? As Dunworth1 pointed out the Telecoms package states "A user's internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user's right to be heard." EU members will have until May 2011 to implement these changes in their own laws. [47]

If thats the case then is the judge deliberately ignoring this to placate local influences from IRMA and Eircom and give them breathing space until the appropriate legislation is brought forward here in Ireland?

For me its got nothing to do with file sharing although I am an advocate of copy left. The fact is that this is essentially allowing ISP's and others to act on the basis of guilty until proven innocent, to the best of my knowledge there is no due process or vetting of any evidence for allegations laid against a user. Once an allegation is made by of copyright infringement Eircom will not bother their arse to check a thing and will simply comply with the request (if your thinking otherwise your off in lala land, the will do the bare minimum to appear to be compliant but thats it)

As an aside of the fact that this strips away a persons rights to due process as many people have pointed out here replicating an IP is relative childs play. So not only is there potential that the only evidence being used against you (your IP address) can be easily forged there will be no review of this information. This just reeks of cronyisim and is wide open for corruption.

If anyone followed the Pirate Bay trial last year they will know that most of the time this 'evidence' that copyright organisations present is pure bolony. I think nearly 2/3rds of all 'evidence' used against the Pirate Bay was thrown out of court and in many cases it was shown to be false. These copyright lawers are the scum of the earth, they will use any and all tactics.

token56

FloatingVoter wrote: »

The issue involves what you're downloading not how you're downloading it. Filesharing and using p2p networks are completely legal. Its the downloading of copyrighted content that is the issue. So if you're using rapidshare to download copyrighted material then yes, the case does concern you.

Not true to the best of my knowledge, this seems to be only targeting p2p traffic, not http or ftp traffic which is what filesharing sites generally are. Thats not to say they are completely safe but it would be difficult to determine if something illegal is being downloaded via http without sniffing the traffic which, as has already been said, is illegal.

mp3ireland2

Downloaded peerblock which blocks certain ip's from seeing you.. there is a list which is updated, don't no how good it is and if this list is relevant to Ireland. It blocks out a lot of websites such as bbc though (only expample if found before I turned it off) so I will just use it when downloading and leave it off the rest of the time....

also, on vuze you can encrypt torrents, this seemily reduces inter client compatability, but I wonder is it much safer fro downlaoding discreetly....

Anybody have any info on either of these...

teddy b123

Downloaded peerblock which blocks certain ip's from seeing you

Yeah, its good but its far from perfect, you will eventually get caught out so its only delaying the inevitable

also, on vuze you can encrypt torrents, this seemily reduces inter client compatability, but I wonder is it much safer fro downlaoding discreetly....

Encrypting wouldnt help unless they (the isp) start monitoring traffic which eircom said is not gonna happen

eircom will not monitor customer’s activities at any stage, nor will it place any monitoring equipment or software on its network in order to facilitate this block.

mp3ireland2

Cheers for that info teddy, no point in encrypting so... I've only jus signed up with eircom in feb as broadband only became available then, so am in contract for a year... but if they cut me off surely i don't have to pay and can jus get a new provider?!

Guess i'll take it easy on the torrents till I see if people start getting letters!

teddy b123

just get a vpn, you'll be sorted then

mp3ireland2

Thanks for the advice, knowing nothing about vpn's, are these hard to set up!? where is the best place to start for info? I'll get googling but if you are aware of a good guide i'd appreciate it!

EDIT: Was looking around and see that you have to pay for most of them, are there any free ones which offer a decent service that you are aware of? itshidden.com is one I was about to sign up for but figure I'd see if anyone on boards knows of a good one! I only have a 2mbps connection at best, normall about 1.8, so possibly bandwith with the free service may not be an issue? don't really know!

EDIT2: set up a free VPN with https://www.ultravpn.fr. To test it i tried watching setanta sport on the eircom website, didn't work :-) and then i went onto pirate bay - worked :-)
Was very easy to set up... now to test the download speeds I get... not so good.. speedtest.net only givin about 0.41 mb/s, so my speed about 1/4 what it was....