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The "Irish SOPA Bill"

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    #2
    evercloserunion
    Registered Users Posts: 1,889 ✭✭✭evercloserunion


    Here's what's been puzzling me about all of this so far: What statute (or other legal instrument) gives the Minister the power to bring in such a rule via statutory instrument, and if there is a statute out there that gives him this power, is that statute not vulnerable to challenge under Article 15.2 and the principles and policies test? Granting content owners a direct cause of action against internet intermediaries would seem to me to be a fairly significant change in the law that could potentially constitute a principle or policy.

    Would the SI be vulnerable to challenge in this way, particularly if it was thought to be disproportionate to the aim of protecting copyright? Or is my recollection of constitutional law more rusty than I thought...


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    #3
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    I'm not quite sure how the government plans to justify this bill in light of the decision in Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM). That being said, we don't exactly know what any Irish legislation will look like in the end.

    I would agree it seems slightly odd, constitutionally, to allow the minister to simply introduce this by way of SI.


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    #4
    Anita Blow
    Registered Users Posts: 1,933 ✭✭✭Anita Blow


    Am I right in saying this would affect companies like Facebook and Google here in a big way since they're EMEA HQ's are here?
    My only reasoning here is that Facebook EMEA was subject to our data protection laws recently and so had to make changes internationally according to our data protection legislation.
    Does this mean this bill would have consequences for all countries which fall under Facebook/Google's EMEA region?


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    #5
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Noctis Tenshi wrote: »
    So I only heard of this for the first time today, but a bill is being proposed which will give media companies (specifically music corporations) the ability to propose the filtering of certain websites being accessed via your ISP.

    My main fear is that sites like youtube or tumblr will be affected by this, which both have some pretty significant irish communities using them. I have very few problems with laws put in place to protect copyright and stop illegal downloads, however, when that has the potential to stop people accessing websites that they would otherwise be able to access freely, I feel I have to draw the line.

    Here's a video I made and posted today to spread awareness about it.
    PLEASE don't just jump on the band wagon and start shouting things like f*** SOPA. This isn't SOPA, its a different bill with less severe repercussions so please use the links below to research it a little before commenting.

    https://www.youtube.com/watch?v=AU6dfTjBZU0



    Thanks for taking time to read and watch the vid. :)

    LINKS:
    TJ Mcintyre blog post including interview with Sean Sherlock:
    http://www.tjmcintyre.com/2012/01/adrian-weckler-confims-that-irelands.html?m=1

    Original Sunday Business Post article:
    http://www.businesspost.ie/#!story/Home/News/Legislation+will+allow+injunctions+over+copyright+-+Minister/19410615-5218-4ef3-50ac-8a5a46071758

    Music Corporations putting pressure on the government to improve copyright laws:
    http://www.businesspost.ie/#!story/Technology/Technology+News/Music+industry+launches+new+High+Court+action+against+state/19410615-5218-4f0d-74f6-ef1173656110

    Second Sunday Business Post article about companies objecting to the law:
    http://www.businesspost.ie/#!story/Home/News/Operators+reaffirm+objections+to+'Irish+SOPA'+law/19410615-5218-4f1d-6997-3184c7102979

    Contact your local TD for more information:
    http://contact.ie/contact

    This chap is dreadfully uninformed. YouTube, Google or Facebook as all the record companies either use them or make money from them or both. Universal Music make a lot of money from YouTube through revenue share on adverts. None of these sites will be blocked.

    So to be frank most of what you are saying is untrue and scaremongering.

    In any case what Sherlock is proposing is an order to amend a bill and and not a bill.


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    #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    BrianD wrote: »
    This chap is dreadfully uninformed. YouTube, Google or Facebook as all the record companies either use them or make money from them or both. Universal Music make a lot of money from YouTube through revenue share on adverts. None of these sites will be blocked.

    So to be frank most of what you are saying is untrue and scaremongering.

    In any case what Sherlock is proposing is an order to amend a bill and and not a bill.

    Music companies already censor youtube. This gives them the power to shut them down if youtube don't do what they say. It gives them way too much power.

    After the taxi runner video I don't see why we need any of these laws in Ireland. Eoin McKeogh was able to have a video censored that he had no connection with so I can't see what prevents a music company getting an injunction against a site to have copyright material removed.


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