The High Court has ordered Eircom plc to block or otherwise disable its internet subscribers’ access to thePirateBay.org and related domains, IP addresses and URLs identified in a schedule. The order also covers related addresses that the record companies may reasonably notify to Eircom later.
Mr Justice Charleton made the final order on 24 July 2009 after an unopposed application by EMI Records (Ireland) Limited, Sony BMG Music Entertainment (Ireland) Limited, Universal Music (Ireland) Limited and Warner Music (Ireland) Limited. The application arose in the context of a settlement in the main proceedings, under which Eircom agreed not to oppose it.
The judge repeatedly cautioned that he had heard only one side. His interpretation of the law was based on the plaintiffs’ submissions, and he said a court hearing both sides might reach a different conclusion.
Relying on affidavit evidence, the judge said the record companies held copyright assigned by musicians and other artists and that material was being copied without authorisation through Pirate Bay. He treated Eircom as an innocent intermediary whose network facilities were being used to transmit infringing material.
He interpreted section 40(4) of the Copyright and Related Rights Act 2000, as amended, as allowing injunctive relief against a provider of facilities when it had been notified that they were being used to infringe copyright and failed to remove the material as soon as practicable. He also relied on Article 8(3) of the EU Copyright Directive, which provides for injunctions against intermediaries whose services are used by a third party to infringe copyright.
The judge made no decision on whether the transmission could give rise to damages, saying that question had not been argued. He concluded that the affidavit evidence and balance of convenience supported an injunction.
The application was determined on affidavit without oral evidence. The order was stayed until 1 September 2009 to allow Eircom time for technical preparations. Both sides were given liberty to apply, and the court made no order for costs because neither side had sought them.