RapidShare Ruled Legal... Yet Again

from the worst-of-the-worst? dept

Fri, Jan 7th 2011 3:05pm — Mike Masnick

While the entertainment industry has declared RapidShare to be one of the worst of the worst websites when it comes to copyright infringement, it's notable that the site continues to rack up legal victories. We've covered how it's been vindicated in lawsuits in the US and in Europe, where it's been noted that the site takes down infringing content when made aware of it, and has plenty of non-infringing uses (and users).

Now there's yet another ruling in favor of RapidShare, this time in Germany, where the Higher Regional Court of Dusseldorf ruled (again) that RapidShare takes "sufficient measures" to stop copyright infringement, in a case brought by Atari. Similar to Viacom in its lawsuit against YouTube, Atari suggested that RapidShare should be required to install a proactive filter, but the court said such a requirement would be unreasonable, since it might also block legitimate works.

Of course, with the US pushing for laws like COICA and standing behind questionable domain name seizures based on faulty evidence, it seems like this, once again, shows how unreasonable it is to simply listen to the RIAA or MPAA and accept their word as clear proof of infringement. As the courts are showing here, just because some industry rep claims a site is the "worst of the worst," it doesn't mean it's actually violating the law.

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Filed Under: contributory infringement, copyright, germany, third party
Companies: atari, rapidshare

21 Comments

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Anonymous Coward, 7 Jan 2011 @ 3:30pm

Now that not one, not two but 3 rulings have all but destroyed the arguments of the MAFIAA, they must be crying by now.

Not to mention that those rulings come from courts that are all to cozy with them.
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Justin Olbrantz (Quantam) (profile), 7 Jan 2011 @ 4:16pm

Obviously
The laws don't go far enough to punish the worst of the worst. Expect much stiffer laws.
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- btrussell (profile), 7 Jan 2011 @ 4:36pm
  
  Re: Obviously
  Not a problem.
  They keep getting what they want and they are never happy.
  
  "Be careful what you wish for, you just might get it."
  
  Content will be so locked up, only executives of these companies will be able to view/listen to it. Think that will make them happy?
  
  It will make me happy! I've already paid too much for far too much garbage.
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- Anonymous Coward, 7 Jan 2011 @ 4:54pm
  
  Re: Obviously
  Well you may be right, but since I read the Intel post, I was wandering if this pursuit for more hardcore laws could backfire and destroy other industries.
  
  Imagine a USA without billion dollar companies like Google, Microsoft, CISCO, Intel and others.
  
  I would watch the response from countries everywhere about the new "features" on the Intel chips, they could loose a tremendous amount of market share because of those things.
  
  Maybe this pipe dream of total control is the opening that Asian manufacturers were waiting for to take control of the last market they couldn't compete.
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Anonymous Coward, 7 Jan 2011 @ 4:52pm

To be accurate, Rapidshare has not to my knowledge been vindicated in the US courts. Last year a federal district court denied a motion by a rights holder for a preliminary injunction, but this was not by any stretch a decision on the merits (Perfect 10 v. Rapidshare (US District Court, So. Dist. of Cal., Case 3:09-cv-02596-H-WMC).

According to the court records, the parties have settled the case.
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- Anonymous Coward, 7 Jan 2011 @ 6:19pm
  
  Re:
  Not to worry. It is another great TD tradition to cite cases in other parts of the world, and act like it applies to everyone. The occasional nutball rulings out of Spain are a great example.
  
  Germany is the western country that orders more search engine removals of websites than any other country. Their legal system is, in plain terms, screwed up beyond understanding.
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  - The eejit (profile), 8 Jan 2011 @ 2:10am
    
    Re: Re:
    But, if ACTA is signed, then it will be.
    
    And that's the best part of this trap.
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    - Anonymous Coward, 8 Jan 2011 @ 2:38pm
      
      Re: Re: Re:
      It isn't really a trap, it just means that everyone will play on a level field. Right now too many people are playing Jurisdiction Roulette, spinning the wheel and hoping to land in a country that doesn't apply copyright laws to their business models. It is why much of the crap hides in places like the socialist paradise of Sweden, who are generally not likely to rock the boat in any manner.
      
      Wikileaks and TPB would both be dead and gone within minutes in the US. It's too bad they are too chicken to come over and fight the good fight. Instead,they hide behind the Swedish government's skirt and hope nobody wants to fight with their mom.
      
      Sad, isn't it?
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      - Anonymous Coward, 8 Jan 2011 @ 2:59pm
        
        Re: Re: Re: Re:
        Are you sure?
        
        I can show you some sites like "Assassins for hire", "Make your own bombs" and the like and they are up and running inside the U.S.
        
        How will you close something down that you can't find it?
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      - Anonymous Coward, 9 Jan 2011 @ 7:52am
        
        Re: Re: Re: Re:
        > Wikileaks and TPB would both be dead and gone within
        > minutes in the US.
        
        Yeah, right. Just like the majority of child pornography hosted on US sites, right?
        
        http://ak-zensur.de/2010/09/29/analysis-blacklists.pdf
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        Anonymous Coward, 9 Jan 2011 @ 2:21pm
        
        Re: Re: Re: Re: Re:
        Did you even read what you linked to?
        
        Sorry, but that is just a huge fail, it doesn't support your point in the slightest.
        
        If you think it does, open a torrent tracker in the US and make sure everyone knows about it. Tell us exactly how many minutes you stay online before you get either the door knock or served with the first lawsuit.
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Ron Rezendes (profile), 7 Jan 2011 @ 5:03pm

Dear Atari....
Please send us your filter and we will install at our earliest convenience.

Sincerely,
RapidShare
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Anonymous Coward, 7 Jan 2011 @ 5:22pm

RapidShare is one of the hosting sites with the most content protection methods in place. A number of people who use such sites for less scrupulous things have told me to stay away from RapidShare, as there are lots of similar sites out there without that protection. I feel that the company has gone above and beyond what is necessary to deal with infringing content.
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- Christopher (profile), 9 Jan 2011 @ 2:20pm
  
  Re:
  True.... add to that their PAINFULLY low speed and download limit per hour..... and they aren't good for even non-infringing stuff.
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- sigurd (profile), 26 Nov 2011 @ 2:28am
  
  Re:
  I coudln't agree more; in fact, the judge in the first suit brought against Rapidshare couldn't, either! They were found not liable at all; despite this, the companies charging exorbitant rates for their copyrighted merchandise is going after them because it's easier than going after the culprits, which are the individuals. It's absurd, and they deserve to lose all their cases (the companies)
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Anonymous Coward, 7 Jan 2011 @ 7:55pm

Rapidshare and ISP's should use this image.

http://img.photobucket.com/albums/v280/tomasutpen/250ee431.jpg
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Drizzt, 8 Jan 2011 @ 3:02am

Future of the music industry ("predictions" from 2003)
First let me point out, that just because courts � based on the current laws � dismiss a case, doesn't mean they'll be able to do so in the future if stricter laws get passed (and they will, because the music/film/content industry is throwing raging parties with kickbacks while consumers aren't). So saying "look your claims are ridiculous because courts throw them out" is a bit problematic. There are a lot of claims in this area I'd say are just as ridiculous, but they are and get backed by courts because the law is that way.

Now to the actual posting: whenever I read about the music industries latest achievements, I think about http://www.ioff.de/showthread.php?p=1500061#post1500061 (sorry, German only, but maybe the automatic translation http://translate.google.de/translate?u=http%3A%2F%2Fwww.ioff.de%2Fshowthread.php%3Fp%3D1500061%23pos t1500061&sl=de&tl=en&hl=&ie=UTF-8 can give non-German readers an idea what it is about).

Cheers,
Drizzt

P.S.: If somebody knows an earlier version of "The future of the music industry", let me know. It's the oldest post I could find so far. ;)
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- Anonymous Coward, 8 Jan 2011 @ 5:34am
  
  Re: Future of the music industry ("predictions" from 2003)
  Well there are other parties to that equation too that are powerful, it will be a fight between Tech and Entertainment.
  
  In the end there can be only one.
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  - Drizzt, 10 Jan 2011 @ 6:17am
    
    Re: Re: Future of the music industry ("predictions" from 2003)
    Well there are other parties to that equation too that are powerful, it will be a fight between Tech and Entertainment.
    
    I don't see this fight coming � at least not on a larger scale. It will be more a fight between technology-savvy geeks/nerds/hackers and big corporations, unless a great many of the general public stand up and demand their rights back. Not entirely on-topic, but to some extent related: the 27C3 keynote by Rop.
    
    Cheers,
    Drizzt
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- Christopher (profile), 8 Jan 2011 @ 11:52pm
  
  Re: Future of the music industry ("predictions" from 2003)
  You are forgetting that laws passed can be declared unconstitutional or illegal by OTHER laws that were never repealed.
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  - Drizzt, 10 Jan 2011 @ 6:10am
    
    Re: Re: Future of the music industry ("predictions" from 2003)
    I have yet to see one copyright law failing before a constitutional court (and please also remember that not all countries have a constitutional court (IIRC the Netherlands shouldn't have one)). Laws being tossed out there are generally security-related laws (e.g. because they violate the sanctity of your home), laws limiting a certain business sector or laws with social implications (if your country has a social system to speak of).
    The second case you name, repealing a law, would again require the legislative to pass a new law superseding the old one. Which went only in one direction for copyright laws in the past.
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