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Freedom of Expression

The Irish State wishes to uninvent computers with new FOI Bill

The new Freedom of Information Bill was published on the 24th July. Mark Coughlan pointed out on twitter that Section 17 of the Act seemed to be a little… shall we say, backward? Section 17 (4) (b) in particular contains the following restriction on how much freedom you can expect your information to have. , the FOI body shall take reasonable steps to search for and extract the records to which the request relates, having due regard to the steps […]

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Digital Rights Ireland: Oral Submission to the European Court of Justice on the Data Retention Directive

McGarr Solicitors act for Digital Rights Ireland. The case of Digital Rights Ireland Limited, seeking to challenge Data Retention, reached a significant milestone on the 9th July 2013, when the case was heard before the European Court of Justice in Luxembourg. The ECJ had received a referral from the Irish High Court, asking it to rule on the question of whether the Data Retention Directive (Directive 2006/24, to its friends) was compatible with basic EU laws. You can read the […]

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After PRISM: Who can access Ireland’s Data Retention Snooper’s Gold?

The PRISM leaks will come to be seen as one of the most significant stories of the year. The response of the various branches of Government in the US is to simultaneously hold that the leaks aren’t news at all– that they don’t tell the public anything they didn’t already know- and at the same time to decry the leaker for risking the very security of the USA by revealing state secrets. Leaving aside the question of how both these […]

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Irish Newspapers and Links: A welcome evolution of position

It appears as though there has been some evolution in the position of the Irish Newspaper industry since Friday, when the issue of whether links were subject to copyright was addressed on RTE’s Morning Ireland, the country’s most listened-to radio programme. As of this afternoon. Newspaper Licensing Ireland have placed a prominent statement on their homepage. It reads Statement on behalf of Newspaper Licensing Ireland Limited regarding use of newspaper content For personal use: NLI never requires or requests a […]

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Some Reaction to Irish Newspapers demanding money for links

On Sunday night, we published our post 2012: The year Irish newspapers tried to destroy the web on the efforts of the Irish newspaper industry to assert property rights over links. The post has provoked a good deal of comment. For convenience, we have collected up a few of the responses. Hugh Linehan, the Editor of IrishTimes.com: @jobrodie I should acknowledge that it’s all factually correct as far as I know — Hugh Linehan (@hlinehan) December 31, 2012 Prof Jay […]

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2012: The year Irish newspapers tried to destroy the web

This is not a joke. I have started with that clarification, because as you read this you will find yourself asking “Is this some kind of a joke?” I thought I would be helpful and put the answer right up at the start, so you can refer back to it as often as you require. This year the Irish newspaper industry asserted, first tentatively and then without any equivocation, that links -just bare links like this one– belonged to them. […]

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EMI Records [Ireland] Ltd and Ors sue Irish ISPs

An interesting case has appeared in the High Court search system. Yesterday, EMI Records [Ireland] Ltd, Sony Music Entertainment [Ireland] Ltd, Universal Music Ireland Ltd and Warner Music Ireland Ltd filed papers in the High Court central office to commence proceedings against UPC Communications Ireland Ltd, Vodafone Ireland Ltd, Imagine Telecommunications Ltd, Digiweb Ltd and Hutchinson 3 G Ltd. The case is listed before the Commercial Court on the 17th December by way of Notice of Motion. This, of course, […]

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Reply received from Newspaper Licensing Ireland Ltd re Women’s Aid

We have received a reply today from Newspaper Licensing Ireland Ltd to our letter on behalf of Women’s Aid. We will be making reply on behalf of our clients shortly.

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Newspaper Licensing Ireland Ltd asks Women’s Aid for money to link to newspaper websites

The following letter was sent on behalf of Women’s Aid to Newspaper Licensing Ireland Limited today. Our office is grateful to Fergal Crehan BL for his pro bono assistance in drafting counsel’s opinion. Women’s Aid have agreed to allow us to publish their response in the hope that it may prove helpful to other non-profit bodies who may receive similar requests. We have not charged any fee but if you feel like it, you can donate to Woman’s Aid to […]

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Text of Minister Sean Sherlock’s email sent this week to some opponents of SOPAireland

Re: Enactment of the European Union (Copyright and Related Rights) Regulations 2012 A Chara, I would like to update you regarding the enactment of the European Union (Copyright and Related Rights) Regulations 2012. I fully acknowledge the concerns that have been expressed by you regarding the introduction of the European Union (Copyright and Related Rights) Regulations 2012 which were signed into law on 29th February, 2012. I wish to re-emphasise that it has been necessary to introduce this legislative measure […]

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