EMI is feeling very litigous these days. Now, it seems they're suing Ireland. Like, the nation. Well, the nation's government, really. The legislature is apparently working on legislation that would allow rights holders to seek injunction requiring ISPs to block access to sites accused of piracy.
The legislation, which facially seems to provide exactly the kind of relief EMI was seeking, is moving slowly. In fact, it's moving so slowly that EMI would rather sue than wait any longer.
Government moves slowly, we can all agree on that. And when viewed relative to pace of technological innovation, it may seem to stand still for decades at a time. But I see a certain strategy here on the part of EMI.
EMI Ireland CEO Willie Kavanaugh told Caroline Madden of The Irish Times that the delay is "leading [him] to believe it’s unlikely to satisfy the music industry’s requirement for injunctive relief."
*Switches to TechDirt tone*
Let's get this straight: Kavanaugh says the fact that he hasn't seen a piece of legislation gives him a basis for forming an opinion about that legislation, and despite the fact that everyone knows the law facially allows injunctive relief via ISPs against piracy havens, his not having seen the law yet leads him to believe it doesn't contain a requirement for injunctive relief?
Really?
The truth of Kavanaugh's and EMI's position appears a bit further down in the Times article. They have a voluntary three-strikes deal with Irish ISP Eircom that is "working incredibly well" and they would like to see it in place with other ISPs.
Maybe, then, this lawsuit is meant to bog the government down in the midst of a financial crisis, pressuring them to add three-strikes language to the injunctive relief package they're already considering, or litigate this and future cases despite a severe financial crisis.
Image via EMI.com
This was originally posted to joeross.posterous.com.
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