Yesterday, in Ireland’s High Court, a ruling was made which seems to overturn May’s legal win by the major record labels against Ireland’s main ISP Eircom. At the time we blogged about why we thought the ruling (a three-strikes-and-your-out for Eircom customers caught illegally filesharing). More recently we wondered whether the ruling has actually been enforced.

Yesterdays court case was Round Two in the Irish record industrys fight with ISPs. The ‘Big 4′ took the country’s 2nd biggest ISP to task but in an interesting turn of events the presiding judge ruled that the legal powers are not in place in this country to enforce customer disconnections. In this regard Ireland is out of line with the European Union. Industry figures are now set to lobby Government to close this legal gap. IRMA director general Dick Doyle told the Irish Times “We will now look to the Irish Government to fully vindicate the constitutional rights of copyright holders and we reserve the right to seek compensation for the past and continuing losses from the State.”
Until this issue is sorted out it looks like the Eircom ruling is now not worth the paper it was written on (or the hefty legal bills to get there). The record labels will surely now delay action on their legal battles with other ISPs including mobile operators 3 and O2 until the lie of the land has been confirmed.
