Tag Archives: Sean Sherlock

During a day of action last week, which saw websites including Wikipedia voluntarily going offline for the day, Sopa will not be passed in its current format in the US.
Mr Sherlock denied the legislation was equivalent to the proposal in the US.

“This is not Sopa legislation, it’s nowhere near it,” he said.

He described the online reaction to his proposals as “disproportionate” and said the Government would never act to limit freedom of expression.

Mr Sherlock wrote to TDs last night stating the implementation of the legislation was necessary following a 2010 High Court ruling in which music publisher EMI sought an injunction against internet provider UPC, ordering it to block access to websites that allowed illegal downloading.

While the court found EMI’s rights were breached, Mr Justice Peter Charleton pointed out he could not grant the injunction as the Copyright Act did not provide for this remedy.

Mr Sherlock told TDs the purpose of the proposed legislation is “simply to provide explicitly that injunctions may be sought”.

Ah. Well that’s alright then, isn’t it?

Internet Piracy Law Will Be balanced, Says Minister (Irish Times)

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The following are some FAQs about the new web blocking legislation being pushed through the Dail.

Brooding legal type TJ McIntyre at IT Law In Ireland answers the questions. We hope he won’t mind us nicking some.

What’s this all about?
“Long story short: the Irish government plans, before the end of January, to bring in a law which would allow Irish courts to block access to websites accused of infringing copyright (and possibly do other things as well).”

Isn’t that a short time for parliament to examine it?
“The Irish parliament won’t have a chance to debate it before it’s passed. The law is to be brought in by a statutory instrument, something which requires only the stroke of a minister’s pen.”
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Who’s responsible?
“The law is the responsibility of the Department for Jobs, Enterprise and Innovation where the key person is junior minister Sean Sherlock.”
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What will the law say?
“We don’t have a final text yet. But the key part is likely to be similar to a previous draft which said:

3. The Act of 2000 is hereby amended by the insertion of the following subsection after subsection (5) of section 40:

(5A)(a) without prejudice to subsections (3) and (4), the owner of the copyright in the work concerned may apply to the High Court for an injunction against a person who provides facilities referred to in subsection (3) where those facilities are being used by one or more third parties to infringe the copyright in that work.

(b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any third party likely to be affected and the court shall make such directions (including, where appropriate, a direction requiring a third party to be put on notice of the application) as the court may deem necessary or appropriate in all the circumstances.

Can we have that in English please?
“Certainly. This will give the Irish courts an open-ended power to grant orders against ISPs and other intermediaries who provide facilities which might be used to infringe copyright. This would include hosting providers, social networks, forums, video hosting sites – potentially most online services.”

Continued here: Ireland’s SOPA: A FAQ (IT Law In Ireland)