No Three Strikes for Ireland (Yet): EU Copyright Law and Individual Liability in Recent Internet File Sharing Litigation
(2011) 12(10) Journal of Internet Law 15–31.
19 Pages Posted: 23 Aug 2013
Date Written: November 23, 2011
Abstract
This article looks at three recent Irish cases that involve file-sharing. It sketches the background to the cases, and discusses the legal issues raised. It also looks at some of the problems that the judgments raise, and discusses the directions in which Irish law may develop in the future. Finally, it looks at what these cases might mean for copyright law and policy internationally. It concludes that lobbying pressure is likely to lead to “three strikes and you’re out” disconnection procedures for repeat infringers becoming widespread, but the implementation of such policies must take account of human rights concerns, such as privacy, freedom of expression and the right to earn a livelihood.
Keywords: copyright, p2p, peer-to-peer, filesharing, enforcement
JEL Classification: k23
Suggested Citation: Suggested Citation