Is graduated response necessary to protect human rights from online copyright infringement?
Last week, the Irish High Court released an important decision in the EMI Records & Ors -v- Eircom Ltd , [2010] IEHC 108 case. The court held that a settlement agreement between an Irish ISP, Eircom, and owners of copyright protected sound recordings and videos to implement a voluntary graduated response system was compatible with Irish data protection legislation. The ruling by Justice Charleton delivered on 16th April, 2010, is noteworthy not only because it found that collecting and using IP addresses for the purposes of sending out graduated response notices to subscribers does not violate data protection legislation.…
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