Article 8(3) of the InfoSoc Directive mandates a substantive change, says Irish Court of Appeal
Mr Justice Gerard Hogan, who delivered the Court of Appeal judgment What (if any) steps may a court require internet service providers (ISPs) to take to assist copyright holders to identify customers who use the network provided by these providers to access the internet for the purpose of illegally downloading or uploading copyright material? What kind of jurisdiction does Article 8(3) of the InfoSoc Directive, as implemented into the laws of Member States, confer upon national courts? These are the very questions that the the Irish Court of Appeal (Hogan J) addressed in an interesting judgment issued at the end of July, further to the appeal brought by UPC against the 2015 judgment of Cregan J in the High Court. There, Cregan J had ordered this ISP to implement a form of graduated response system (GRS) within its network for the benefit of - amongst others - Sony Music. Apparently, the type of GRS orde...