Music industry obtains Pirate Bay block in Ireland

The Irish recording industry successfully obtained an order from the Commercial Court on 12 June 2013 compelling a number of Internet service providers (ISPs) to block subscriber access to The Pirate Bay.

Matheson acted for UPC and 3 in the proceedings.

This is the first website blocking order in Ireland and is based on the concept of intermediary liability under article 8(3) of the copyright in the information society directive (2001/29/EC). There have been three such cases in the UK since 2011 including a similar order against The Pirate Bay last year. It is expected that more cases seeking injunctions against intermediaries will follow in this jurisdiction.

The decision has confirmed that:

  • the previous gap in Ireland's implementation of article 8(3) of the copyright directive has now been addressed through the introduction of the new statutory instrument;
  • ISP's can be ordered to block subscriber access to websites in appropriate cases; and
  • it is considered fair and proportionate for ISPs to pay both the costs of implementation of the block and the costs of the proceedings if they participate.

For more information on The Pirate Bay block decision, click here.

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