Further details of the landmark January 2009 court settlement between the Irish Recorded Music Association (IRMA) and Eircom have been leaked.
In January, Eircom agreed to implement a three-strikes rule against customers accused of music copyright infringement.
TorrentFreak, a site specialising in covering digital piracy and copyright developments, claims that a private document, entitled Briefing Note on Arrangement Between Eircom and Irish Recorded Music Association (IRMA) with regard to Copyright Infringement March 2009, was leaked to it, providing further insight into the January agreement.
The document states that Eircom will categorically not monitor its customers’ activities or install equipment to do this either, nor will it give customer details to a third party, including IRMA.
However, IRMA will use anti-piracy tracking firm Dtecnet to monitor online copyright infringement and will supply Eircom with certain data on an infringement notification.
Eircom will receive details on the IP address, along with a time stamp and details of the peer-to-peer application used by the accused.
As long as IRMA gives independent certification to show that notifications have been lawfully obtained, Eircom is then required to carry out the three strikes rule, informing the customer of the alleged infringement on the first time, and warning them that they will be disconnected on the second occasion.
Quoting from the leaked document TorrentFreak details the thirdnstrike ramifications:
"On a third occasion of being detected as infringing copyright, and having reviewed the position, the subscriber will be served by Eircom with a termination notice and, subject to extenuating circumstances arising, will be disconnected thereafter."
Interestingly in this deal Eircom has a little more power independent of IRMA than previously thought – customers have a right to complain if they feel that they are being "inappropriately or incorrectly identified as infringing copyright".
Also Eircom reserves the right "to remove a customer from a particular level or not to effect a disconnection", if it feels that IRMA’s complaints may not be accurate, or that there are "particular extenuating circumstances which would make the disconnection of the customer unjustified".
One thing the deal does not set out is the blocking of torrent-linking site The Pirate Bay. This was rumoured to be part of the agreement between IRMA and Eircom. However, Eircom has agreed not to block a court application by IRMA forcing it to block the site.
By Marie Boran