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ARTICLE · 10 JANUARY 2011

ISP Records a Hit in the High Court

Yesterday, Mr. Justice Charleton in the Commercial division of the High Court refused to grant an injunction against an Internet Service Provider ("ISP") forcing it to take steps to prevent the illegal file-sharing of music by its customers.

IrelandMedia, Telecoms, IT, Entertainment
Kate Colleary
Kate Colleary

EMI Records (Ireland) Ltd and others v UPC Communications Ireland Limited.

Yesterday, Mr. Justice Charleton in the Commercial division of the High Court refused to grant an injunction against an Internet Service Provider ("ISP") forcing it to take steps to prevent the illegal file-sharing of music by its customers.

After reviewing the expert evidence, Mr. Justice Charleton held that this type of order would be just and proportionate but that the Court lacked the jurisdiction to make the order.

Background

A number of record companies joined together to issue Commercial Court proceedings asking the Court to order UPC to take measures to prevent copyright infringement on its broadband facilities and to block "The Pirate Bay", a popular file-sharing website.

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