Just days after Irish ISP Eircom decided to block the Pirate Bay as part of a “settlement” in court with the copyright industry, the Irish Pirate Party showed their disapproval over the decision.
Note: This is an article I wrote that was published elsewhere first. It has been republished here for archival purposes
Should an ISP block website because of a complaint by a corporation or an organization of corporations? This could be one question that could draw a line in the sand between the copyright industry and supporters of free speech in Europe.
Earlier this year, the European Union blocked the three strikes law by declaring internet access as a fundamental right. Since then, the copyright industry has been scrambling to find some sort of quick cheap fix to stop all forms of file-sharing on the internet by, among other things, implementing three strikes, censorship, throttling and anything else they can get other people to throw at file-sharing. Since the political way by implementing things like the three strikes law seemed to not be quick enough, the industry went after ISPs. Eircom in Ireland was one of those ISPs.
Starting September 1st, as a part of a settlement between the Irish Recorded Music Association (IRMA) and Eircom, the ISP has agreed to start blocking The Pirate Bay.
Just days afterwards, the Irish Pirate Party issued a statement saying that they are “deeply concerned by news that eircom is to block access from its subscribers to thepiratebay.org.”
“The Party,” the statement continued, “which is opposed to censorship and stands for the protection of individual privacy, finds this action wholly disturbing and believes it should not go ahead.”
“The Pirate Party believes that this block will set a precedent not only for further monitoring of Internet users, censorship and general debilitation of Internet services in Ireland, but also for similar action against other Irish companies providing Internet services, such as BT Ireland, Smart Telecom, Perlico and UPC (two of which have already been similarly threatened), severely damaging competition in this sector and curtailing efficient broadband rollout.”
It should be noted that as of the 20th, other Irish ISPs did vow to keep fighting IRMA which wants to force ISPs to implement three strikes and blocking internet websites such as The Pirate Bay. Given that the Telecoms package had the final say on disconnections by saying that internet access is a fundamental right, it’s not hard to conclude that Irish ISPs disconnecting users is not only bad publicity, but illegal by European law as well. From an observational standpoint, a lawsuit to force an ISP to break European law seems to be some sort of legal twilight zone – one can only imagine what is going on behind the scenes of these ISPs that are still fighting.
The Irish Pirate Party also noted that backup copies of The Pirate Bay have been distributed online as well and questions whether blocking the site would be even remotely effective in the first place.
In addition, the Irish Pirate Party quoted sections of Irish copyright laws IRMA used to go after ISPs and pointed out that “Neither the Pirate Bay, nor Eircom, store any copyrighted materials on any of their servers or within their service infrastructure. Also since the law specifically refers to singular works this section of the law cannot be used against an entire site or service.”
Unfortunately, as it has been proven in past cases, what local laws say hardly matters since the copyright industry tends to interpret copyright laws their way and enforces their interpretation of the laws as they see fit. In the past, this point was particularly prevalent when the copyright industry persuaded Swedish lawmakers to break local Swedish law when the websites server farms were raided by police back in 2006. The move by anti-piracy efforts backed by the US earned lawsuits from local businesses who were taken offline thanks to the server farm raid. Accusations of illegal activity by officials in 2006 during the raid ran fast and furious.
The kind of debate over whether or not ISPs are allowed to enforce their own three strikes policy or are allowed to arbitrarily block websites at the copyright industry bidding doesn’t appear to be exclusive to Ireland given that this kind of debate is already happening in the UK when a key political figure did a “u-turn” on the governments stance on three strikes after spending a short vacation with an American billionaire from the copyright industry and, by extension, in the Netherlands where MiniNova was ordered to remove all links to trackers containing allegedly copyright infringing material.
While it seems that the copyright industry is trying to find every back door they possibly can to try and find ways of defying the will of the European Union, this effort could ultimately backfire as it further legitimizes the stance of the Pirate Party in many European countries. It gives very real relevance to the concerns of the party for potential new voters who have already voted in one to two members of the party into the European Union. If the copyright industry doesn’t see it, surely policymakers should given that it’s their jobs on the line, not the industry’s.
Whether this particular issue between Eircom and IRMA becomes a key political point remains to be seen, but at the very least, it’s shaping up to be another controversial point in the European copyright debate.
Drew Wilson on Twitter: @icecube85 and Google+.