The major recording labels are on a fresh High Court mission to force Ireland's Internet service providers to block The Pirate Bay. The site is already blocked by major ISP Eircom, but the big four of EMI, Sony, Universal and Warner Music want more and are seeking an injunction against four other ISPs including UPC and Vodafone.

While almost all ISPs are happy to comply with requests from child protection organizations and the police to block websites that promote abuse, the issue of blocking on copyright grounds is more controversial, not least since copyright issues are rarely as black-and-white.

As a result, ISPs in the western world tend to refuse informal site-blocking requests unless they’re backed up by a court order. This way they can tell their customers that they had no choice but to comply since as good corporate citizens they always follow instructions from the court. However, there are two ways this eventuality can be reached, and a prime example comes from Ireland.

Customers of the ISP Eircom can’t access The Pirate Bay since Eircom was ‘forced’ to block the site by a 2009 High Court order. But rather than being forced, Eircom actually struck a deal with the major labels of the Irish Recorded Music Association which said that if the labels went to court to ask for a blockade, the ISP would not contest the action.

During the past couple of years other local ISPs, notably UPC, were also asked by IRMA to block The Pirate Bay but all refused. IRMA, however, did not give up and have recently renewed their requests for a blockade. Yet again UPC refused to cooperate and as a result IRMA have turned to the courts.

“UPC declined IRMA’s request in pre-litigation correspondence to voluntarily block The Pirate Bay,” a UPC spokesperson said today.

UPC confirmed that proceedings have been served on its legal representatives by the big four record labels – EMI, Sony, Universal and Warner Music – and that the ISP isn’t on its own.

“UPC understands that similar proceedings have been served on four other ISPs,” the company said.

According to the Irish Times, those other providers are Imagine, Vodafone, Digiweb and Hutchison 3G.

With their action the labels hope to force the ISPs to follow Eircom’s lead and block The Pirate Bay, but this time they won’t have a willing partner.

“UPC can confirm however its position has not changed,” the ISP said in a statement. “As an ISP, our position is that ISPs should not on a voluntary basis decide what can or should be consumed by users. We believe such matters are for the Government or court to decide.”

Hutchison 3G also took a defensive stance.

“Three’s position on the request to block Pirate Bay is neutral – we believe this is a matter for the courts to decide if ISPs should block certain sites for legal reasons,” the company said.

The news that UPC have been asked to block The Pirate Bay again is timely, particularly considering the unusual events we reported in October. Without warning, UPC customers trying to access The Pirate Bay were presented with a page stating that the site had been blocked following a court order. UPC later said the page was just a test.

The new blocking case is due before the High Court on December 17th.