EMI Records [Ireland] Ltd -v- Eircom PLC [2009] IEHC 411 (24 July 2009)

EMI Records [Ireland] Ltd -v- Eircom PLC [2009] IEHC 411 (24 July 2009)

Section 40(4) of the Copyright and Related Rights Act 2000 as amended, interpreted in light of the relevant EU Directive, entitles copyright owners to seek injunctive relief against intermediaries such as Eircom whose facilities are used for infringement, provided notice has been given and the intermediary fails to act. The balance of convenience and inadequacy of damages justify the grant of an injunction in this case.

Citation
[2009] IEHC 411
Parties
Plaintiff: EMI Records (Ireland) Limited; Plaintiff: Sony BMG Music Entertainment (Ireland) Limited; Plaintiff: Universal Music (Ireland) Limited; Plaintiff: Warner Music (Ireland) Limited; Defendant: Eircom plc
Jurisdiction
Ireland
Judgment Date
24 July 2009
Procedural Posture
Intellectual Property Injunction Application / Final Judgment on Unopposed Application
Outcome
injunction granted
Legal Topics
Injunctions Against Intermediaries, Internet Service Provider Liability, Copyright Infringement, Implementation of EU Directives
Intellectual Property Copyright Law Injunctions Against Intermediaries Internet Service Provider Liability Copyright Infringement Implementation of EU Directives

Case Brief

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Parties

EMI Records (Ireland) Limited

Plaintiff

Sony BMG Music Entertainment (Ireland) Limited

Plaintiff

Universal Music (Ireland) Limited

Plaintiff

Warner Music (Ireland) Limited

Plaintiff

Eircom plc

Defendant

Procedural Posture

Intellectual Property Injunction Application / Final Judgment on Unopposed Application

Legal Issues

  1. 1 Whether an injunction can be granted against an internet service provider to block access to a website facilitating copyright infringement under s. 40(4) of the Copyright and Related Rights Act 2000 as amended
  2. 2 Whether Eircom, as an innocent intermediary, can be compelled to block access to infringing sites

Ratio Decidendi

Section 40(4) of the Copyright and Related Rights Act 2000 as amended, interpreted in light of the relevant EU Directive, entitles copyright owners to seek injunctive relief against intermediaries such as Eircom whose facilities are used for infringement, provided notice has been given and the intermediary fails to act. The balance of convenience and inadequacy of damages justify the grant of an injunction in this case.

Court Disposition

injunction granted

Orders

  • Order pursuant to s. 40(4) of the Copyright and Related Rights Act 2000 requiring Eircom to block or disable access by its internet subscribers to thePirateBay.org and related domain names, IP addresses, and URLs as notified by the plaintiffs.
  • Order that the application be heard on affidavit without oral evidence.