Judge: UPC Ireland ‘must enforce 3 strikes policy’

The High Court has ordered UPC Ireland, the country’s second largest ISP, to take measures to stop illegal downloading.

Justice Brian Cregan granted three music companies an injunction requiring UPC Communications to move against its subscribers involved in Internet piracy. The Irish units of Sony Music, Warner Music and Universal Music sought the orders.

Cregan adjourned the case until next month to allow the parties prepare a submission on how his order is to be implemented. It will include what sort of impartial arbitration system should be set up to deal with subscribers who seek to challenge termination of their service.

Under the court’s order, UPC must set up a computerised detection system within 12-15 months under which infringing subscribers are told their service will be terminated unless they stop the illegal downloading.

Under this automated software programme, UPC would receive monthly IP information from the music companies. It would then automatically search UPC’s computer architecture to locate the relevant subscriber name and address.

UPC would then have to write two warning letters to those subscribers similar to a “three strikes” policy whereby after the third warning the service is cut off.

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