RapidShare Cleared of Wrongdoing in Copyright Case
Uber popular file-hosting service RapidShare has won a court victory against Perfect 10, a California-based adult media company specializing in, um, NSFW content. In the lawsuit, Perfect 10 accused RapidShare of infringing the copyrights of a bunch of its images and requested an injunction, but the request was rejected by the U.S. District Court of California, which ruled that RapidShare can't be accused of copyright infringements.
"The view that RapidShare does not promote any infringements of copyright, unlike other file-hosts, appears to be gradually catching on," Christian Schmid, founder of RapidShare said. "It is a milestone for us that this is also happening in the US. We are happy that the court in California has not bought into the odd line of argument put forward by Perfect 10 and we look forward to increasingly emphasize the major difference between RapidShare and illegal share-hosts."
RapidShare has been on a legal roll as of late. Earlier this month, a German Court of Appeal overturned a verdict in a case against movie rental company Capelight Pictures, with the verdict stating that RapidShare isn't liable for copyright infringement acts committed by its users, TorrentFreak reports.
Comments
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Jox
May 21, 2010 at 2:32pm
Pardon my ignorance (and I'm happy for Rapidshare) but if Rapidshare isn't responsible for the content posted by their users while they actively host said content, why is The Pirate Bay culpable for user-posted content that they are simply pointing to?
I guess this is why I wouldn't make a good lawyer.
-Jox
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aviaggio
May 21, 2010 at 7:40pm
Laws vary by country. The Pirate Bay hasn't been sued here in the US (and can't be as they aren't a US company). The law here gives service providers a good deal of immunity when it comes to stuff like this.
A lot also comes down to primary intent. If the court sees your service as one specifically designed to, or otherwise used for, copyright infringement your chances of surviving a legal attack is slim. But if they see you make a good faith effort to filter out or remove infringing content upon request you're likely to be left alone.
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