Peer to Peer (P2P) file sharing is where a number of computer users share files by allowing others to upload and download material. This can relate to the sharing of music files, software programmes or other content.
eir has agreed to work with the Irish Recorded Music Association (IRMA) to put in place a graduated response to help deal with and prevent the illegal downloading of music.
eir is committed to supporting the music industry, but also to helping customers understand the issues surrounding the illegal downloading of music. eir will therefore, as part of the three step graduated response, implement a comprehensive information programme which will include:
Informing customers of the issues
Providing assistance to customers on how to prevent illegal music downloading & sharing
Helping customers identify legitimate music services
eir and IRMA are commencing a pilot for the implementation of the graduated response.
The purpose of the pilot is to give eir a clearer understanding of the types of issues that can arise in relation to implementing the three-step graduated response process.
eir is committed to supporting the music industry, but also to helping customers understand the issues surrounding the illegal downloading of music. eir will therefore, as part of the pilot for the three step graduated response, implement a comprehensive information programme which will include:
Informing customers of the issues.
Providing assistance to customers on how to prevent illegal music downloading & sharing.
Helping customers identify legitimate music services.
IRMA will provide eir with notifications containing the IP addresses of the people they detect illegally uploading or downloading music content. Once eir identifies the eir account holder through their IP address eir will:
Contact the customer in writing to inform them that their IP address has been detected by IRMA, as infringing copyright. eir will clearly advise the customer that such acts are illegal and will provide information on how the customer can avoid repeating the infringement.
If the customer continues to engage in the illegal uploading or downloading of music content, eir will issue a second warning letter to the customer indicating that unless the infringement ceases the customer will have their service withdrawn.
Write to the customer for a third time to advise them that their service will be withdrawn for a seven day period as they continue to engage in the illegal uploading or downloading of music content. If the customer infringes a fourth time then the broadband service will be disconnected for a 12 month period.
As well as contacting customers via letter, eir will also attempt to contact customers via telephone and a browser based pop up to advise them of the infringement and to assist them in ensuring their computers are not a source of copyright infringement.
eir has set up a dedicated team to support customers through this process. Customers can contact our dedicated team via telephone on 1890 253 059.
IRMA is using a third party (Dtecnet) to identify the eir IP addresses engaged in illegal downloading and sharing of music. eir has no control over this identification process. However, eir has sought and received assurance from IRMA that the process is fully legal and approved by the High Court. The Court has confirmed that the process is in their view in accordance with Data Protection Legislation.
On receipt of the IP addresses from IRMA, eir will identify the specific customers without sharing any customer details with IRMA or any other party.
All broadband products are subject to the standard broadband T&Cs.
As part of the T&Cs, which are accepted when a customer purchases eir broadband, it is very clearly stated that the service should not be used for any illegal activity including infringement of copyright.
There are therefore no changes to the terms and conditions of customer's broadband contract.
In the event that someone persists with illegal activity after being informed and warned, then eir will disconnect the customer as per the conditions of the graduated response process.
eir has a dedicated team to assist customers with any queries in relation to notifications. In the case where the customer feels that they have been incorrectly identified or were not responsible for the illegal downloading then they can advise eir of this at the time of notification.
eir will consider all customer appeals on a case by case basis.
That is one way of looking at it. We are using a graded approach. Firstly we will inform customers who we believe are illegally downloading and sharing music and advise them of alternative legal ways to download music. We will then warn them a second time via letter if they continue to engage in the illegal downloading and sharing of music, thirdly we will withdraw service for a seven day period from any customers who have ignored previous warnings and finally on receipt of a further notification of infringement, eir will disconnect customer's broadband broadband for 12 months.
No. There will be no intervention to the network by eir and eir will not use any software to monitor specific activity of users on the network.
The music industry will monitor illegal downloads in the same way it already does. It will then pass that information (in the form of IP addresses) to eir. Their process for data collection has been reviewed and approved by the Office of Data Protection Commission (ODPC).
This court case and the settlement specifically concerned the illegal downloading of music. eir fully complies with the laws of the land regarding all illegal online activity.
eir is a member of the ISPAI and co-funds www.hotline.ie which is dedicated to fighting child pornography online. We follow the industry standard approach to combating child pornography and this is backed by the Office of Internet Safety http://internetsafety.ie