This presentation deals with recent developments in copyright law in Ireland. It begins by considering the litigation between the music industry and the country’s largest Internet service provider, Eircom, in 2009, which was settled with an agreement by the latter to operate a “three strikes and you’re out” policy. It also discusses the subsequent attempts by the Data Protection Commissioner to halt the operation of this protocol. It then discusses the significant decision of the High Court in the EMI v UPC case (2010), which highlighted a gap in the the Copyright and Related Rights Act 2000. When the Irish government proposed legislation to fill this gap, it was strongly opposed under the slogan #StopSopaIreland but nonetheless became law. Finally, it examines the ongoing review by the Copyright Review Committee, which has posed eighty-six questions for the Irish copyright industry and public to answer as it tries to formulate proposals for modernizing Irish copyright law.
A Dozen and One Things to Know About CopyrightRogan Hamby
This is the original version of the presentation I did at SCLA in 2012. I still need to add citations and I'm already updating it for my next scheduled presentation of it since there were changes in the DMCA just last week!
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
Disciplinary and Grievance Procedures in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com Disciplinary and grievance procedures are essential in the Irish workplace.Many unfair dismissal claims can be successfully defended provided there are robust and fair disciplinary procedures in place
A Dozen and One Things to Know About CopyrightRogan Hamby
This is the original version of the presentation I did at SCLA in 2012. I still need to add citations and I'm already updating it for my next scheduled presentation of it since there were changes in the DMCA just last week!
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
Disciplinary and Grievance Procedures in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com Disciplinary and grievance procedures are essential in the Irish workplace.Many unfair dismissal claims can be successfully defended provided there are robust and fair disciplinary procedures in place
Clare Lanigan - DRI Training Series: 3. Understanding Copyrightdri_ireland
Presentation given by Clare Lanigan, Education and Outreach Co-ordinator, Digital Repository of Ireland, on April 15th, 2016 in the Royal Irish Academy, Dublin, as part of the DRI Training Series 'Preparing Your Collection for DRI'. This seminar introduced attendees to the basics of copyright law as it relates to collecting and publishing digital heritage material. It also explored the types of licences that can be employed for publishing material on DRI and other repositories, and the restrictions on publishing certain kinds of material.
Clare Lanigan - DRI Training Day UCC: Understanding Copyrightdri_ireland
Presentation given by Clare Lanigan, Education and Outreach Manager, Digital Repository of Ireland, on October 12th, 2016 in the Digital Humanities Active Learning Space, University College Cork, as part of a day-long DRI Training session on 'Preparing Digital Collections'. This seminar introduced attendees to the basics of copyright law as it relates to collecting and publishing digital heritage material. It also explored the types of licences that can be employed for publishing material on DRI and other repositories, and the restrictions on publishing certain kinds of material. It follows the format of an earlier presentation on the same subject from April 2016, with modification to include the announcement of a new Copyright Bill in August 2016.
The Contract of Employment in Ireland-Employment Rights in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland
Legally Managing Employees
IN THIS CHAPTER, YOU WILL LEARN:
1. To differentiate between an employment agreement and an employee manual.
2. To establish a nondiscriminatory work environment.
3. To implement a procedure designed to eliminate sexual harassment and minimize the risk of penalties resulting from charges of unlawful harassment.
4. To legally manage the complex areas of employee leave, compensation, and performance.
5. To respond appropriately to unemployment claims.
6. To summarize and list the employment records that must be maintained to meet legal requirements.
EMPLOYMENT RELATIONSHIPS
All employers and employees have employment agreements with each other.
Employment agreement: The terms of the employment relationship between an employer and employee that specifies the rights and obligations of each party to the agreement.
Generally, employment agreements in the hospitality industry are established verbally, or with an offer letter.
Offer Letter
offer letters detail the offer made by the employer to the employee.
when properly composed, can help prevent legal difficulties caused by employee or employer misunderstandings.
Offer Letter
Some employers believe offer letters should be used only for managerial positions, but to avoid difficulties, all employees should have signed offer letters in their personnel files.
Components
Employee Manual
In most cases, the offer letter will not detail all of the policies and procedures to which the employer and employee agree.
The topics covered by an employee manual will vary from one organization to another.
Employee Manual
In either case, an important point to remember is that employee manuals are often referenced by the courts to help define the terms of the employment agreement if a dispute arises.
some common topic areas include:
General Policies
Compensation
Benefits
Special Areas
General Policies
Probationary periods
Performance reviews
Disciplinary process
Termination
Attendance
Drug and alcohol testing
Uniforms
Lockers
Personal telephone calls
Appearance and grooming
Compensation
Pay periods
Payroll deductions
Tip-reporting requirements
Timekeeping procedures
Overtime pay policies
Meal periods
Schedule posting
Call-in pay
Sick pay
Vacation pay
Benefits
Health insurance
Dental insurance
Disability insurance
Vacation accrual
Paid holidays
Jury duty
Funeral leave
Retirement programs
Duty meals
Leaves of absence
Transfers
Educational reimbursement plans
Special Areas
Policies against harassment
Grievance and complaint procedures
Family medical leave information
Dispute resolution
Safety rules
Security rules
Emergency preparedness
Employee manuals should be kept up to date, and it should be clearly established that it is the employer, not the employee, who retains the right to revise the employee manual.
Many companies issue employee manuals with a signature page, where employees
Art. 13(1) of the DSM Directive: a comparative perspective
Roberto Caso and Federica Giovanella
This presentation illustrates the reasons that in the Nineties led the USA Digital Millennium Copyright Act’s (DMCA) drafters to leave out of the Act a provision imposing content recognition technologies.
The drafters reached the conclusion that imposing such an obligation on providers would create a number of imbalances between the rights at stake and threaten the public interest.
We argue that despite the technological development, the same reasons still hold true today and that the European Union should resist imposing such obligations on providers. Hence, art. 13(1) of the Proposal for a Directive on Copyright in the Digital Single Market (DSM Directive) should be delated.
Finally, we maintain that in case of enactment of the current text, the Court of Justice of the EU could still help in re-balancing the rights at stake and serving the public interest that art. 13(1) would threaten.
Introduction to Legal Technology, lecture 4 (2015)Anna Ronkainen
Slides for lecture 4 of the course Introduction to Legal Technology at the University of Turku Law School, presented Feb 3 2015.
This lecture combines different perspectives on the role of human factors in legal technology: legal reasoning as cognition and how to model it, and software usability as it relates to legal technology.
Regulating Data: The Implications of Informatics on International LawJon Garon
Description: Because of the increasing ease of digitization, all information has the potential to be digitized and as such, all information is becoming part of a single, incomprehensibly large, multinational, multicultural data system. The resulting data ecosystem is subject to local regulation by state and national laws which have often been drafted to address a conflicting set of jurisdictional rules and normative expectations regarding the creation, ownership, collection, storage and dissemination of information. The laws vary from country to country, resisting efforts at bringing international harmony because of deeply rooted historical differences. The presentation is an overview of the steps necessary for developing a comprehensive informatics regulatory system that protects privacy, telecom policy and copyright.
Anton piller order l6 l7-_20 dec20 2013_jeong cp_Nik Nasrun Nazmi
anton piller oder, definition condition function and comparative analysis with UK Canada Intelectual Property Rights, patent Law; Extraordinary relief by court
Similar to #StopSopaIreland, Keyboard Warriors and 86 Questions: Updating Irish Copyright Law for the 21st Century (20)
ICT and Environmental Regulation in the Developing World: Inequalities in Ins...Rónán Kennedy
SCRIPT Centre Workshop on 'ICT in a changing climate: ICT for environmental regulation as a global justice and development issue', University of Edinburgh, June 2015
Environmental Protection Through E-Regulation: Critical and Empirical Perspec...Rónán Kennedy
Sometimes the most commonplace and uninteresting tools demand close attention because their mundane nature means that their role is misunderstood. The use of computer technology by government – specifically, by environmental regulators – is one such instance. Information and communications technology (ICT) is increasingly deployed in bureaucratic and regulatory processes throughout the developed world; as in commerce and industry, software code and databases are becoming the invisible ‘glue’ that interconnects the various actors in the regulatory system and weaves an invisible web of control between decision-makers, regulated entities and ordinary citizens. Nonetheless, this topic has received only disconnected academic attention, perhaps because there is little that seems intrinsically interesting about a database.
The issues which ICT raises are not always obvious but nonetheless significant if we are to make the best use of these new tools without unwittingly sacrificing important principles. There is now a substantial body of literature on regulation and ICT. However, this focuses on either ‘information’ or ‘communications’, rarely on both together or on the use of ICT for regulation rather than something to be regulated. There are few theoretical or practical perspectives on the role of ICT in environmental regulation. This paper applies both in combination, developing a values-based, analytical and empirically grounded framework in order to contextualise the use of ICT as a regulatory tool.
The ever-increasing deployment of ICT in homes and offices, the built environment and the world at large creates significant opportunities for achieving better environmental outcomes but this new and poorly-understood development also raises questions about the proper operation of the rule of law by an increasingly computerised state. This research explores how the widespread implementation of ICT is altering power relationships in the system of environmental regulation. It asks to what extent this new capability of large-scale information capture leads to more or less control on the part of regulators, whether existing balances and imbalances of power are altered by these new tools (even when they are seen as neutral) and what happens when the ‘glue’ hardens and installed technology makes policy change difficult.
The paper critically reviews the operation of the rule of law in digitised government. It combines theoretical perspectives from sociology, chiefly actor-network theory, with insights from semi-structured interviews with staff in regulatory agencies, non-governmental agencies and regulated entities, to build a thematic network model of how the use of ICT for information-gathering, as a means of control and as a conduit for communications is perceived by practitioners of environmental regulation. It uses this to sketch the contours of a new field of study, ‘e-regulation’, centred around the core values of the
Rethinking Reflexive Law for the Information AgeRónán Kennedy
Disclosure-based schemes are examples of ‘reflexive law’ in action. Perhaps the best-known example in environmental regulation is the US Toxics Release Inventory, which achieved unexpected reductions in emissions. Pollution Release and Transfer Registers (PRTRs) are now used across the world. Disclosure-based schemes require careful design. In order for information to be useful and usable for regulatory purposes, it must be comparable. There is therefore a need for standardisation in reporting methods and metrics. Institutional factors which frame the context for decision-making, such as the range of possible actions, the standards of proof and exclusionary rules that apply, and the oversight arrangements can influence the creation, collection and consideration of information in regulatory processes. In order to be effective, informational regulation must be sustainable, gaining in use, accuracy and scope over time.
Information and Communications Technology for Environmental Regulation: Criti...Rónán Kennedy
From online booksellers highlighting interesting items, social networking sites encouraging users to divulge personal information and auction sites using reputation-based systems to reassure consumers entering into transactions with strangers, computers can, and do, change human behaviour and have changed society in dramatic ways. There is, as a result, a considerable interest in the use of information and communications technology (ICT) for environmental regulation (ER).
However, while there is now a substantial body of literature on regulation and ICT, this focuses on either the regulation of information (such as data protection) or the regulation of communications (such as freedom of speech online). It is also predominantly concerned with ICT as something to be regulated, rather than on the use of ICT for regulation (e-regulation). This presentation attempts to fill this gap.
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
"Impact of front-end architecture on development cost", Viktor TurskyiFwdays
I have heard many times that architecture is not important for the front-end. Also, many times I have seen how developers implement features on the front-end just following the standard rules for a framework and think that this is enough to successfully launch the project, and then the project fails. How to prevent this and what approach to choose? I have launched dozens of complex projects and during the talk we will analyze which approaches have worked for me and which have not.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
Let's dive deeper into the world of ODC! Ricardo Alves (OutSystems) will join us to tell all about the new Data Fabric. After that, Sezen de Bruijn (OutSystems) will get into the details on how to best design a sturdy architecture within ODC.
Builder.ai Founder Sachin Dev Duggal's Strategic Approach to Create an Innova...Ramesh Iyer
In today's fast-changing business world, Companies that adapt and embrace new ideas often need help to keep up with the competition. However, fostering a culture of innovation takes much work. It takes vision, leadership and willingness to take risks in the right proportion. Sachin Dev Duggal, co-founder of Builder.ai, has perfected the art of this balance, creating a company culture where creativity and growth are nurtured at each stage.
Transcript: Selling digital books in 2024: Insights from industry leaders - T...BookNet Canada
The publishing industry has been selling digital audiobooks and ebooks for over a decade and has found its groove. What’s changed? What has stayed the same? Where do we go from here? Join a group of leading sales peers from across the industry for a conversation about the lessons learned since the popularization of digital books, best practices, digital book supply chain management, and more.
Link to video recording: https://bnctechforum.ca/sessions/selling-digital-books-in-2024-insights-from-industry-leaders/
Presented by BookNet Canada on May 28, 2024, with support from the Department of Canadian Heritage.
Neuro-symbolic is not enough, we need neuro-*semantic*Frank van Harmelen
Neuro-symbolic (NeSy) AI is on the rise. However, simply machine learning on just any symbolic structure is not sufficient to really harvest the gains of NeSy. These will only be gained when the symbolic structures have an actual semantics. I give an operational definition of semantics as “predictable inference”.
All of this illustrated with link prediction over knowledge graphs, but the argument is general.
JMeter webinar - integration with InfluxDB and GrafanaRTTS
Watch this recorded webinar about real-time monitoring of application performance. See how to integrate Apache JMeter, the open-source leader in performance testing, with InfluxDB, the open-source time-series database, and Grafana, the open-source analytics and visualization application.
In this webinar, we will review the benefits of leveraging InfluxDB and Grafana when executing load tests and demonstrate how these tools are used to visualize performance metrics.
Length: 30 minutes
Session Overview
-------------------------------------------
During this webinar, we will cover the following topics while demonstrating the integrations of JMeter, InfluxDB and Grafana:
- What out-of-the-box solutions are available for real-time monitoring JMeter tests?
- What are the benefits of integrating InfluxDB and Grafana into the load testing stack?
- Which features are provided by Grafana?
- Demonstration of InfluxDB and Grafana using a practice web application
To view the webinar recording, go to:
https://www.rttsweb.com/jmeter-integration-webinar
UiPath Test Automation using UiPath Test Suite series, part 3DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 3. In this session, we will cover desktop automation along with UI automation.
Topics covered:
UI automation Introduction,
UI automation Sample
Desktop automation flow
Pradeep Chinnala, Senior Consultant Automation Developer @WonderBotz and UiPath MVP
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Connector Corner: Automate dynamic content and events by pushing a buttonDianaGray10
Here is something new! In our next Connector Corner webinar, we will demonstrate how you can use a single workflow to:
Create a campaign using Mailchimp with merge tags/fields
Send an interactive Slack channel message (using buttons)
Have the message received by managers and peers along with a test email for review
But there’s more:
In a second workflow supporting the same use case, you’ll see:
Your campaign sent to target colleagues for approval
If the “Approve” button is clicked, a Jira/Zendesk ticket is created for the marketing design team
But—if the “Reject” button is pushed, colleagues will be alerted via Slack message
Join us to learn more about this new, human-in-the-loop capability, brought to you by Integration Service connectors.
And...
Speakers:
Akshay Agnihotri, Product Manager
Charlie Greenberg, Host
Accelerate your Kubernetes clusters with Varnish CachingThijs Feryn
A presentation about the usage and availability of Varnish on Kubernetes. This talk explores the capabilities of Varnish caching and shows how to use the Varnish Helm chart to deploy it to Kubernetes.
This presentation was delivered at K8SUG Singapore. See https://feryn.eu/presentations/accelerate-your-kubernetes-clusters-with-varnish-caching-k8sug-singapore-28-2024 for more details.
Accelerate your Kubernetes clusters with Varnish Caching
#StopSopaIreland, Keyboard Warriors and 86 Questions: Updating Irish Copyright Law for the 21st Century
1. #StopSopaIreland, Keyboard Warriors and 86 Questions:
Updating Irish Copyright Law for the 21st Century
Rónán Kennedy, 3 July 2012
School of Law
2. 2005: Direct actions against individuals
• EMI v. Eircom [2005] IEHC 233
• Music industry sought Norwich Pharmacal orders
• Costs in three cases €680,000
• Received in settlements €80,000
School of Law
3. 2009: IRMA v Eircom
• Settled after 8 days at hearing
• Eircom agreed to “3 strikes” policy
– provided it was in compliance with data protection law
• IRMA to seek similar policy from other Irish ISPs
• IRMA obtains court orders blocking access to Pirate Bay
website
School of Law
4. “Three Strikes” Policy
1. The first warning would be a notification of an infringing
download with a subscriber’s bill.
2. The second warning would be a formal warning letter.
3. The third warning would involve a review of the evidence by
a person (the previous two steps are automatic), which could
end in the issuance of a termination notice, after which the
subscriber would have 14 days to put forward extenuating
circumstances or have their service cut off.
School of Law
5. 2010: Data Protection Commissioner intervenes
• … and is not represented as has no indemnity for costs
• Three issues:
– 1. Are IP addresses “personal data”? No
– 2. Is disconnection a “prejudice to fundamental rights”
(section 2A DPA)? No
– 3. Are P2P IP records “sensitive personal data”? No
School of Law
6. Difficulties
• IP addresses as “traffic data”? “location data”?
• Legality of interception of communications?
• “Theft” of copyrighted material?
• S 8 DPA: Any restrictions in this Act on the processing of
personal data do not apply if the processing is—
– … ( d ) required urgently to prevent injury or other
damage to the health of a person or serious loss of or
damage to property …
School of Law
7. Phonographic Performance Ireland Ltd. v. Cody
[1998] 4 IR 504
• Keane J: “The right of the creator of a literary, dramatic, musical or
artistic work not to have his or her creation stolen or plagiarized is a right
of private property within the meaning of Article 40.3.2° and Article
43.1 of the Constitution of Ireland, 1937, as is the similar right of a
person who has employed his or her technical skills and/or capital in the
sound recording of a musical work. As such, they can hardly be abolished
in their entirety, although it was doubtless within the competence of the
Oireachtas to regulate their exercise in the interests of the common good.
In addition and even in the absence of any statutory machinery, it is the
duty of the organs of the State, including the courts, to ensure, as best
they may, that these rights are protected from unjust attack and, in the
case of injustice done, vindicated.”
School of Law
8. 2010: EMI v UPC
• Section 40 CRRA 2000:
– (3) Subject to subsection (4), the provision of facilities for enabling
the making available to the public of copies of a work shall not of
itself constitute an act of making available to the public of copies of
the work.
– (4) Without prejudice to subsection (3), where a person who provides
facilities referred to in that subsection is notified by the owner of the
copyright in the work concerned that those facilities are being used to
infringe the copyright in that work and that person fails to remove
that infringing material as soon as practicable thereafter that person
shall also be liable for the infringement.
School of Law
9. Difficulties
• Policing network traffic while remaining a “mere conduit”?
• “Stealing” copyrighted content?
• Other human rights: privacy, free expression?
• Legality and reliability of interception
• “Fair dealing” defences?
• Responsibility of UPC to shareholders or stakeholders?
School of Law
10. 2011: Moves to Close the Gap
• April: (Unfounded?) rumours of new statutory instrument
• June: Public consultation on new statutory instrument
• “… there is no change of policy being put forward in the proposed
legislative measure. It is merely a restatement of the position that was
considered to be in place before a High Court judgment of Judge
Charleton in October 2010. Ireland is obliged to provide that rightsholders
are in a position to apply for an injunction against intermediaries whose
services are used by a third part to infringe a copyright or related right.”
• Minister meets with stakeholders
• December: Music industry sues Ireland
School of Law
11. 2012: The Debate Heats Up
• January: #StopSOPAIreland campaign launches
• 80000+ signatures to petition
• Anonymous attack Irish government websites
• Pledge Day: Voters visit TDs
• Voters call Minister Seán Sherlock
• April: Minister refuses to share podium with
StopSOPAIreland; later relents
School of Law
12. Emergency Dáil Debate (31 January 2012)
• Willie O’Dea TD: “We are abdicating responsibility to the
Judiciary. While I have confidence in judges, I do not know the
extent to which they will be persuaded by the principles of
European law.”
• Martin Ferris TD: “The absence of democratic scrutiny on this
measure has been highlighted by critics, as has the fact that the
statutory instrument, as drafted, gives too much interpretive
powers to the courts.”
• Richard Boyd Barrett TD: “This is a complex issue and it has many
aspects, not all of which I understand fully. However, I have been
acquainting myself with them over the past week or two.”
School of Law
13. Emergency Dáil Debate (31 January 2012)
• Jerry Buttimer TD: “I do not envy the Minister of State his task. I
have never seen so many e-mails coming in. We must differentiate
between the keyboard warriors who, in some cases, border on
anarchism and those who are genuinely creative and passionate about
this. That is important for those who are creative or into gaming.”
• Seán Sherlock TD: “With all due respect to the Members opposite, I
have taken on board the points they have made and addressed them
individually. I respectfully suggest they should defer to their legal
advisers. I will also defer to their legal advisers on this so that we can
have a strategic conversation about how the future of the web operates
in the State, but we are not changing the wording of the statutory
instrument.”
School of Law
14. Inserted into Section 40, CRRA 2000
(5A) (a) The owner of the copyright in a work may, in respect of that work,
apply to the High Court for an injunction against an intermediary to
whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European
Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society
applies.
(b) In considering an application for an injunction under this subsection, the
court shall have due regard to the rights of any person likely to be
affected by virtue of the grant of any such injunction and the court shall
give such directions (including, where appropriate, a direction requiring a
person be notified of the application) as the court considers appropriate
in all of the circumstances.
School of Law
15. Inserted into Section 205, CRRA 2000
(9A) (a) The rightsowner of any right conferred by Parts III and
IV may, in respect of that right, apply to the High Court for an
injunction against an intermediary to whom paragraph 3 of
Article 8 of Directive 2001/29/EC of the European Parliament
and of the Council of 22 May 20011 on the harmonisation of
certain aspects of copyright and related rights in the
information society applies.
School of Law
16. Issues
• “Due regard”?
• “Likely to be affected”?
• Little guidance for courts
• Uncertainty for innovators and ISPs
• Contravenes Scarlet v SABAM/SABAM v Netlog?
• Uses SI to modify primary legislation
• Anti-democratic process
School of Law
17. May 2011: Copyright Review Committee
• Members:
– Dr. Eoin O’Dell of Trinity College, Dublin as chair
– Professor Stephen Hedley of University College Cork
– Ms. Patricia McGovern of DFMG Solicitors
School of Law
18. Terms of Reference
• Examine the present national Copyright legislation and identify any areas that are
perceived to create barriers to innovation
• Identify solutions for removing these barriers and make recommendations as to
how these solutions might be implemented through changes to national legislation.
• Examine the US style fair use doctrine to see if it would be appropriate in an
Irish/EU context.
• If it transpires that national copyright legislation requires to be amended but
cannot be amended, (bearing in mind that Irish copyright legislation is bound by
the European Communities Directives on Copyright and Related Rights and other
international obligations) make recommendations for changes to the EU
Directives that will eliminate the barriers to innovation and optimise the balance
between protecting creativity and promoting and facilitating innovation.
School of Law
19. CRC Public Consultation
• May 2011: Call for Submissions (over 100 received)
• February 2012: Consultation Paper Published
• March 2012: Public Meeting
– Online questionnaire via Survey Monkey
School of Law
21. Significant Questions
• (6) What is the proper balance to be struck between the categories [of copyright users] from
the perspective of encouraging innovation?
• (7) Should a Copyright Council of Ireland be established?
• (13) Should the Council include the establishment of an Irish Digital Copyright Exchange
(Exchange)?
• (24) Is there, in particular, any evidence on how current Irish copyright law in fact
encourages or discourages innovation and on how changes could encourage innovation?
• (45) Is there any good reason why a link to copyright material, of itself and without more,
ought to constitute either a primary or a secondary infringement of that copyright?
• (77) (b) … should the Irish government join with either the UK government or the Dutch
government in lobbying at EU level, either for a new EUCD exception for non-consumptive
uses or more broadly for a fair use doctrine?
School of Law
22. Data Protection Commissioner stops “three
strikes”
• Eircom pushing for “three strikes”
• Dec 2011: Data Protection Commissioner issued enforcement
notice against Eircom halting three strikes policy
• May 2012: Music Industry sues DPC in Commercial Court
School of Law
23. 2012: EMI v Data Protection Commissioner
• “It is obvious that the Data Protection Commissioner, having an
important role by statute, ought to be properly and appropriately
funded to take part in litigation that is central to the functions of his
office. It is wrong that he was not so funded by those responsible.”
• “It is with a degree of concern that the Court immediately notes that
the Data Protection Commissioner does not accept that the mistake
by Eircom in adjusting clocks was then in the past. It is neither
legally right nor fair that an error can give rise to a command
over a year later to cease an activity when that error has long
since been corrected and where there is no indication that it would
ever be repeated.”
School of Law
24. 2012: EMI v Data Protection Commissioner
• “Where questions of the balance of policy in specialist areas, or findings
of fact requiring expert assessment, are concerned, then the courts should
not readily find that findings of fact are irrational or that the balance
struck between competing interests fails to accord with fundamental
commonsense”
• “… the activity of peer-to-peer uploading and downloading of copyright
material was a marketplace transaction which could not be distinguished
from a trader going and standing on the side in Henry Street in Dublin city
centre with a box load of DVDs that were copied illegally and offering
these to anyone who might come along. … An activity of swarm
participation for peer-to-peer downloading does not legitimately
carry the expectation of privacy.”
School of Law
25. 2012: EMI v Data Protection Commissioner
• Case C-70/10 Scarlet v SABAM
• Case C-360/10 SABAM v Netlog
• Dramatico v Sky [2012] EWHC 268 (Ch)
• Twentieth Century Fox v BT [2011] EWHC 1981 (Ch)
• Golden Eye v Telefónica UK [2012] EWHC 723 (Ch)
• Roadshow Films v iiNet [2012] HCA 16
School of Law
26. 2012: EMI v Data Protection Commissioner
• “It is clear that the absence of reasons in the Data Protection
Commissioner’s notice vitiates its validity.”
• “During the course of this hearing, no one could definitively say
what the scope of the appeal from the Data Protection
Commissioner to the Circuit Court was. No one could definitively
say what if anything would satisfy the Data Protection
Commissioner in his concerns apart from abandoning the protocol.
Both Eircom and the recording companies have an entitlement to an
adjudication by the Data Protection Commissioner in accordance
with law. This has not occurred. Judicial review is therefore a
proper remedy.”
School of Law
27. 2012: EMI v Data Protection Commissioner
• “The regulation of the internet draws forth diametrically
opposed views. ... Creativity is the engine of the arts industry
which brings us new insight and refreshment of the mind in
the form of cinema and music. Copyright is no less
important than any other intellectual property right.
Protection of creativity is central to the law of any sound
economic system. ... A creative artist desperate for sales of her
recorded songs, or an inventor wishing to protect a patent that
is the result of years of committed research, may not see the
use of the internet as the medium for the breach of their rights
as an automatic answer to appropriate legal regulation.”
School of Law
28. Further Reading
• Kennedy, 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.
• Copyright Review Committee Consultation Paper,
http://www.djei.ie/science/ipr/crc_consultation_paper.pdf
• Stop SOPA Ireland website, http://stopsopaireland.com
• EMI v Data Protection Commissioner 2012/167JR (High
Court 27 June 2012)
School of Law