UPC Communications ordered to pay 80% of the capital cost to set up a three strikes system.
UPC Communications, an internet service provider (ISP), has been ordered by the Irish Commercial Court to implement a graduated response system (GRS) to deal with its subscribers, or customers, who have been found to be infringing the copyright of Sony, Universal or Warner (the Plaintiffs) through its service.
The Court accepted that it will cost UPC between €800,000 and €940,000 to set up the GRS and that there will be additional operation costs of between €125,000 and €150,000.
It seems that this is the world's first court-ordered GRS. It's possible that similar cases might now be taken against ISPs throughout the EU as the Order was made under the Copyright and Related Rights Act 2000, the Irish legislation that gives effect to the EU Copyright Directive 2001/29/EC.
Sony Music Entertainment [Ireland] Ltd & Ors v UPC Communications Ireland Limited No. 1  IEHC 317, No. 2  IEHC 386 and No. 3  IEHC 388.
For further information, please contact James Byrne at email@example.com.
This article was published in Bloomberg BNA World Communications Regulation Report. Byrne, Markey, ‘ISPs Face Cost of Implementing System to Deal With Copyright Infringers’, Bloomberg BNA World Communications Regulation Report, Vol. 10, No. 8, August 2015, 35-36.
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