customer use policy of UPC makes it very clear that the internetservice of UPC cannot be used to steal copyright material. This isa matter of contract, and for a breach of this obligation by thecustomer, UPC can terminate the contract. It never does. It isnot so inclined.
At the end of their amended statement of claim, the recordingcompanies are specific only to this extent as to what they seek:-“1.An injunction, pursuant to s. 37 and s. 40(4) of the Copyrightand Related Rights Act, 2000, restraining the defendantinternet service provider from infringing the copyright insound recordings owned by, or exclusively licensed to, theplaintiffs by making available to the public copies of thosesound recording without the plaintiffs’ consent using itsinternet service facilities.2.Without prejudice to the generality of the foregoing order, anorder pursuant to s. 40(4) of the Copyright and Related RightsAct, 2000 that the defendant block or otherwise disableaccess by its subscribers to the website thePirateBay.org andrelated domain names, IP addresses and URL’s, as set out inthe schedule hereto attached, together with such otherdomain names, IP addresses and URL’s as may reasonably benotified as related domain names by the plaintiffs’ to thedefendant from time to time.”
Preferably, the recording companies seek a three strike solution:they would monitor the internet for infringements, inform UPCwho then would be required on each occasion of breach of copyright to warn the infringer, up to three times, and then todiscontinue service. In the alternative, blocking and diversionequipment is sought to be imposed on UPC by court order. Thesealternatives are later described in detail.
In defending this claim, UPC state that there is no liability in lawfor acting as a mere conduit for copyright infringement, and thatit neither initiated the communication involved in piracy, chosethe recipient, altered the information nor condoned the activity.In other words, sections 37, permitting an injunction, and 40(4)of the Copyright and Related Rights Act 2000 (“the Act”),