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ExtraTorrent.cc > Articles > RapidShare Won Another Infringement Case

RapidShare Won Another Infringement Case

RapidShare Won Another Infringement Case

Added: Monday, January 10th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Higher Regional Court of Düsseldorf ruled that RapidShare does enough by removing copyrighted content when demanded to do so by rights owners as the law requires. So, the plaintiffs demands that RapidShare filter or prevent copyrighted content from being uploaded is unreasonable.
rapid.png

RapidShare has won another case, succeeding to prove that it has done enough to filter copyrighted content illegally uploaded by its users. Almost a year ago, Atari Europe S.A.S.U. convinced the German court that Swiss-based cyberlocker RapidShare had failed to prevent the unauthorized distribution of the copyrighted material on the site.

In respond, RapidShare appealed the decision to the country’s Higher Regional Court of Düsseldorf, which resulted in its success. The company convinced the court to dismiss the claim. RapidShare’s attorney said that this ruling demonstrates that the cyberlocker is operating absolutely legally and is taking proper measures against the misuse of its service. RapidShare is confident that rights owners will gradually come to accept this conclusion.

The Higher Regional Court of Düsseldorf ruled that Swiss-based cyberlocker does remove copyrighted content if asked by copyright owners, so Atari’s requests that RapidShare try to prevent copyrighted content from being uploaded is pointless. Of course, the court referred to previous court decisions that sided with RapidShare. The first of them was a similar case to the current one, where the Düsseldorf Court of Appeals decided that Rapidshare is not responsible for copyright violation committed by its users.

As for the demand to filter copyrighted content made by Atari, the court ruled that filtering is at least inappropriate and arbitrary, as a keyword can’t be a compelling indicator that uploaded file contains unauthorized content. Manual file inspection was also decided to be out due to the enormity of staff and man hours it would take.

The recent court decision could be a key test for RapidShare’s possible inclusion again on the Congressional International Anti-Piracy Caucus’ list of the top most “notorious” unauthorized sites throughout the globe. After the list was published, RapidShare called the claim “outrageous,” refusing to believe that a caucus of the Congress would connect them to piracy, particularly after various courts in the world have repeatedly ruled RapidShare isn’t “notorious”.




By:
SaM
January 10th ,2011

Posted by: 
SaM

Date:  Monday, January 10th, 2011



Comments (3) (please add your comment »)

1
posted by Site Friend (2011-01-11 03:30:55)
magiccrack avatarvery nice, thanx SaM

2
posted by (2011-01-11 05:22:36)
cabo12072 avatarchalk one up for the good guys!!!!!!

3
posted by (2011-01-11 08:18:12)
evilmother avatarthey still make money of stuff thats not theres and they dont block stuff



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