High Court, EMI v UPC [2010] IEHC 377

Document type
Court Decision
Record companies sought orders (1) restraining UPC, an ISP, from making available to the public copies of sound recordings which breach copyright and (2) requiring UPC to block access to the Pirate Bay site. The court found that s.40(4) of the Copyright and Related Rights Act 2000 only covered “removal” of infringing material and therefore an injunction could not be granted.  Charleton J. also reconsidered his previous decision in EMI v Eircom 2009 IEHC 411 (see below), in which he granted an order requiring an ISP to block access to the Pirate Bay, and stated that his previous decision in that case had been incorrect. Following this case, s.40 of the 2000 Act was amended by Statutory Instrument in 2012 (see above). 
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity