

Four major music companies are seeking court orders requiring six internet service providers to block or disable access by subscribers to various Pirate Bay websites within 30 days, in a bid to prevent illegal downloading of copyright music and other material.

About 200,000 Irish users, representing 8 per cent of all internet users here, access Pirate Bay sites monthly and illegal file-sharing is devastating sales of music, film and TV here with serious consequences for artists, record companies, retailers and employment, the Commercial Court was told.

Illegal file-sharing here is rising while evidence indicates it has fallen in those countries, including Britain and Italy, where subscribers’ access to Pirate Bay is being blocked or disabled, Jonathan Newman, for the companies, argued.

EMI, Sony, Warner Music and Universal have brought the case against UPC, Imagine, Vodafone, Digiweb, Hutchison 3G Ltd and Telefonica O2 Ireland Ltd.

Eircom has already voluntarily blocked access by its subscribers to Pirate Bay and the music companies claim a new statutory instrument means other ISPs must do the same. The case involves examination of issues arising from newly introduced copyright legislation.

None of the defendants substantially opposed the companies’s application yesterday but some raised issues about the form of order sought and UPC in affidavits also queried its potential effectiveness and implications for the rights of others.

Issues were also raised about how to take into account address changes for Pirate Bay and related sites and whether the companies should have to return to court with a fresh application every time the address changes.

Mr Newman told Mr Justice Brian McGovern the matter was urgent as the companies were losing about €20 million a year under the weight of the copyright infringement.

The judge reserved his decision and said he hoped to rule as soon as possible.