ISP Records a Hit in the High Street

The Commercial Division of the High Court recently refused to grant an injunction to EMI and other record companies against UPC, an Internet Service Provider (ISP). Kate Colleary examines the decision and its consequences.

The record companies involved sought an order forcing UPC to implement measures to prevent copyright infringement on its broadband facilities and to block user access to 'The Pirate Bay', a popular file-sharing website. Although Mr. Justice Charleton believed that this type of order would be just and proportionate in the circumstances he found that the court lacked the jurisdiction to make it.

The court was presented with evidence of various preventative solutions which are available and which are used in other countries, including a graduated response system involving 'detection, notification and termination'. Under this system, persistent copyright infringers would have their internet access terminated using 'a three strike' policy.