Irish court rules in favour of ISPs in piracy case

[Brian Foley]

Irish court rules in favour of ISPs in piracy case

The High Court in Ireland has ruled that laws cutting off internet users who have illegally downloaded content cannot be enforced in the country.

It is a victory for Irish internet service provider UPC which took the legal action against copyright owners, including EMI and Sony.

But it will be a blow to the music and film industry, which wants the strict rules as a deterrent against piracy.

It is likely to have a knock-on effect to similar policies in other countries.

The salient point in the story is,

' In private agreements with copyright holders, several law firms have begun writing to thousands of people identified as illegal file-sharers asking them to pay a fine or face court'

Notice we are talking about 'identified', and then later taken to court. The applicable theory is innocent until PROVEN guilty, not as they put it, merely identified. In other words, their status would be suspected instead of proven guilty until after a court decides otherwise.

Apparently, the industry is trying to turn the law around such that a bare accusation establishes guilt and immediate penalty, and the defendant then has to sue to prove their innocence.

 

[Pandaemoni]

The salient point in the story is,

' In private agreements with copyright holders, several law firms have begun writing to thousands of people identified as illegal file-sharers asking them to pay a fine or face court'

Notice we are talking about 'identified', and then later taken to court. The applicable theory is innocent until PROVEN guilty, not as they put it, merely identified. In other words, their status would be suspected instead of proven guilty until after a court decides otherwise.

Apparently, the industry is trying to turn the law around such that a bare accusation establishes guilt and immediate penalty, and the defendant then has to sue to prove their innocence.

Are you opposed to that "salient point"? No one has to pay the fine, that's voluntary. If you choose not to though the copyright holder has the right to file a criminal complaint, and--at that point--you are indeed innocent until the copyright holder can prove otherwise.

If you were identified as a suspected murderer, the local DA might offer you a "plea" to a lesser charge (with jail time). You are innocent when the offer is made, by presumption, and you have the right to reject the offer...but if you do the prosecutor has the right to file the murder change against you. At that point you are still innocent until the prosecutor can prove otherwise.

It's the same mechanic, just in private hands. I don't see the problem.