Conor Lenihan (Dublin South West, Fianna Fail)

Before getting into the main part of my speech on intellectual property, it might be timely and appropriate to discuss some issues pertaining to the recent court case which has motivated this motion to a large extent.

The recent judgment by Mr. Justice Peter Charleton in the High Court case between EMI Records (Ireland) Limited, Sony Music Entertainment Ireland Limited, Universal Music Ireland Limited, Warner Music Ireland Limited and WEA International Incorporated on the one hand and UPC Communications Ireland Limited on the other is an important decision, and one that is being examined carefully. The recording companies concerned sought injunctions against UPC, an Internet service provider, ISP, in respect of the downloading of copyrighted material via the Internet. The court declined to grant such injunctions.

The area in question is complex and encompasses issues such as the illegal downloading of copyrighted material, the treatment of ISPs in such circumstances, the obligations imposed on member states by EU law and the upcoming requirement for Ireland to transpose the 2009 framework directive on a common regulatory framework for electronic communication networks and services.

Mr. Justice Charleton's judgment is lengthy, running to 78 pages. His ruling ranges across the various provisions in copyright, e-commerce and national telecommunications legislation and the relevant European law in each of these areas.