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  

Rónán Kennedy

National University of Ireland, Galway (NUIG) - School of Law

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

Kennedy, Rónán, No Three Strikes for Ireland (Yet): EU Copyright Law and Individual Liability in Recent Internet File Sharing Litigation (November 23, 2011). (2011) 12(10) Journal of Internet Law 15–31.. Available at SSRN: https://ssrn.com/abstract=2314885

Rónán Kennedy (Contact Author)

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

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