To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry.

Abstract

The services that Internet Service Providers (ISPs) offer are incredibly important in the digital age in which we now live. It is almost impossible to imagine a world in which internet access does not play an important role. The range of activities in cyberspace is endless: people can do their groceries online, manage their finances through online banking applications and even apply for social welfare. It is not just individuals and private organisations that rely on internet access, governments of many countries have started to communicate information to individuals and the general public almost exclusively through the internet .The transmission and storage of this vast amount of information is made possible by ISPs. However, service providers also play an important role in certain negative aspects of life in the digital age, such as Illegal file sharing. The culpability of ISPs in relation to this matter has been a controversial subject of conversation, legislation and litigation for quite a while.This article aims to provide a thorough and critical analysis of the relevant judgments delivered by the Irish High Court on this topic and offers a review of the response from the Irish legislature to the questions raised in these judgments. The views of the European legislature and European Court of Justice on the liability of ISPs and Graduated Response Policies will also receive a careful and thorough examination. This article will conclude with a review of different approaches which can be taken to address the issues surrounding illegal file sharing without involving the legislature.