Results 10,621-10,640 of 13,254 for speaker:Seán Sherlock

Written Answers — Proposed Legislation: Proposed Legislation (31 Jan 2012)

Seán Sherlock: The judgment of the High Court in the case of EMI & ors v UPC held that by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and that Ireland did not comply with EU law. As you will appreciate, non-compliance with EU law is a very serious matter. Following a public consultation process which was conducted...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I refer to Deputy Ferris's point. People are interpreting this as us doing the bidding of the large corporations. This is not the stop on-line piracy act, SOPA. We are not extending massive powers of intervention so that we can step into the breach to try to protect one side over another. This is not SOPA legislation. This is balancing the right of a copyright holder against the right of...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: At this point, I will address the points submitted by the Technical Group in regard to the statutory instrument. I will briefly give my analysis of them. There is not a great deal of difference between the two statutory instruments. I respect the point made. We are not setting out a new policy framework but clarifying legislation through an amendment to the copyright Act. We are going...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I thank Deputies for a considered and thoughtful debate. Our key belief is that we cannot trample on the rights of individual citizens or businesses. We are trying to uphold that belief and all we are doing with this amending legislation is ensuring we are on the right side of EU law. Copyright is a principle to which this State adheres but I reiterate it is not a superior right for the...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I listened to the Deputy. People speak about the cost of defence. Just because one applies for an injunction, the judge will not necessarily grant it. We must have regard for the rights of individual companies to conduct their business and for citizens to express themselves freely. Nobody is trampling on those rights. This statutory instrument restates a position which we already held...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: In regard to signing the statutory instrument, I have addressed the issues raised by the Technical Group. I have already stated that it is our intention to proceed with the statutory instrument. The State has been exposed on this issue, which has been ongoing since November 2010, and what we are doing is a proportionate response. We will not infringe on anybody's right to conduct a...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: In regard to the alternative statutory instrument proposed by T.J. McIntyre, I have debated the issue with him in public media and I am not averse to engaging with the digital rights community with a view to hammering out a strategy. However, we have to implement the statutory implement and we are doing so on foot of advice from two Attorneys General. I have to take account of the sound...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I thank all who contributed to this debate and reassure citizens that this State and successive governments have invested heavily in new technologies related to the web and communications.

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: If I may be allowed to finish off-----

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: 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...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I remind Deputy Donnelly that I have stated that on numerous occasions, with all due respect.

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: If I may-----

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: Let me start by repeating that I fully subscribe to the freedoms, the opportunities and the access to information that the Internet provides us with. Ireland is home to some of the world's most innovative Internet companies and we are determined to grow our reputation as a location where smart people and these smart companies can continue to innovate in this fast moving arena. The last thing...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I will read faster. In that case, the CJEU also found that requiring an ISP to install a contested filtering system would not be respecting the requirement that a fair balance be struck between the right to intellectual property and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information. I am fully aware that concerns have...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I thank the Members opposite and I appreciate the Acting Chairman's discretion. My Department launched an independent review committee on 9 May 2011, with a view to examining and reviewing the existing Irish copyright and legislative framework. The Copyright Review Committee is an independent body. Its terms of reference are clear and, in general, are concerned with identifying any areas...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: As I outlined in my speech, one must have regard to proportionality. The Sabam ruling is such that if somebody were to seek an injunction before a judge, the latter would have to establish that infringement occurred in the first instance. In making such a decision, a judge must have regard to the basic rights that exist. Members articulated the circumstances that arise in this regard...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: I take the Deputy's points. I do not believe reputational damage will arise from this. It is a statutory instrument. We must ask its purpose. We must bear in mind Mr. Justice Charleton's judgment in the case of EMI and others v. UPC. Advice received from the Attorney General under the last and current mandates stated that, in order to remove any doubt as to the right of the copyright...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: No. I draw attention to the circumstances that would obtain if we were not a party to the EMI and others v. UPC case. It could be stated that, under the Copyright Act 2000, the right to seek an injunction over an infringement already existed. We are merely restating that position. The reason for much of the controversy on this stems from the fact that this issue has been arising for well...

Proposed Statutory Instrument on Copyright: Statements (31 Jan 2012)

Seán Sherlock: On Deputy Eoghan Murphy's point, Ireland has the concept of the take-down notice. I use www.boards.ie and there are other examples with which we are all familiar, such as YouTube. If a person becomes a member of www.boards.ie, the presumption is that the person has signed up to a set of behavioural protocols by which he or she will abide, and will not say anything defamatory or do anything...

Copyright Regulation (26 Jan 2012)

Seán Sherlock: I will begin by confirming that this is absolutely not a version of the SOPA legislation. It is a restatement of a position on copyright that the Government has held to be the case. The Charleton judgment in the case of EMI v. UPC held that Ireland was not ad idem with the EU copyright directive. We are implementing a statutory instrument to give voice to that judgment and bring us into...