Illegal file-sharing on the internet has had a devastating effect on the recorded music industry. Copying and disseminating music without permission from the copyright owner is an infringement.

The people who freely use P2P networks to share music have been targeted, and the websites that facilitate file-sharing prosecuted. Now internet service providers (ISPs) are the latest defendants in a series of legal actions by the major record companies. What will be the impact of last week's High Court judgement on the wider debate of piracy versus privacy, on regulation versus creative freedom?

The initial pursuit of P2P users clashed with data protection legislation. The first ISP case against Eircom resulted in a settlement, the terms of which also raised data protection concerns. The judgement last week found that there is no legislation in Ireland to compel the other ISPs to follow Eircom's suit and police the activities of their subscribers, terminating their connection. The competitive disadvantage being faced by Eircom in light of the UPC judgement must now be hurting.

All parties have been quick to confirm that they do not condone illegal file-sharing. The judge, clearly championing the fundamental rights of the copyright owner, has made it clear that internet piracy is not laudable but plain theft.

All eyes are now on the government but it must tread cautiously. The first French attempt at legislation failed for breach of personal liberty. Recently enacted British legislation was controversial and fraught with difficulty. While the three-strikes protocol leaves the policing role and imposition of a sanction with the copyright owners and the ISP, the French and British legislation leaves this role strictly in the bailiwick of the courts.

So more court cases are on the horizon, and to what effect? Will more regulation choke off copyright infringement or will it choke the very creativity that copyright law was enacted to cultivate?

Eileen O'Gorman is a partner in Gleeson McGrath Baldwin Solicitors. She was awarded honorary life membership of the Federal Bar Association of the USA, New Orleans Chapter, after presenting a debate on this issue at the Association's Annual Convention in New Orleans last month