German court rules: Filehosters like Rapidshare are responsible for copyright violations... - GoFuckYourself.com

MaDalton · 07-13-2012, 01:51 AM

Sorry, german only, Google translate is your friend:

http://www.spiegel.de/netzwelt/netzp...-a-844148.html

Interesting comment from the judge though when Rapidshare claimed they cant know if a user didnt just store the file as backup:

"It's called "Rapidshare" not "Rapidstore" - that says it all."

DWB · 07-13-2012, 02:08 AM

Shazam!!!

Great quote by the judge. And yes, that does say it all.

Paul Markham · 07-13-2012, 02:20 AM

Quote:

Originally Posted by DWB

Shazam!!!

Great quote by the judge. And yes, that does say it all.

Precisely and the day DMCA makes a distinction between storing and publishing clearer, piracy will decline to a skeleton.

lucas131 · 07-13-2012, 02:50 AM

cool the judge knows his shit well

BradBreakfast · 07-13-2012, 02:54 AM

Now to take down all the Google piracy groups.

Nautilus · 07-13-2012, 03:08 AM

Quote:

Originally Posted by MaDalton

"It's called "Rapidshare" not "Rapidstore" - that says it all."

Wow cool judges you have over there

L-Pink · 07-13-2012, 06:07 AM

Great judge.

kazymjir · 07-13-2012, 06:39 AM

True, Germany knows the things they are doing.

SpicyM · 07-13-2012, 06:42 AM

Lol, thats great!

..but then, they may just start renaming the services to avoid the "share" part.

potter · 07-13-2012, 07:48 AM

As someone in the online industry, we should ALL be very adamant about protecting Safe Harbor laws that keep webmasters safe against UGC.

I know we all want to rid the net of as much piracy as possible. But if you start knocking down Safe Harbor laws that protect us against UGC. Then we're all fucked (Even comments on blogs would be in danger of putting the webmaster in jail because a user could copy>paste copyrighted text into a comment field).

So, with that in mind. How exactly did the courts rule? Is there still Safe Harbor protection against UGC. Or did Germany just become one of the worst countries in the world to own a website?

MaDalton · 07-13-2012, 07:59 AM

Quote:

Originally Posted by potter

As someone in the online industry, we should ALL be very adamant about protecting Safe Harbor laws that keep webmasters safe against UGC.

I know we all want to rid the net of as much piracy as possible. But if you start knocking down Safe Harbor laws that protect us against UGC. Then we're all fucked (Even comments on blogs would be in danger of putting the webmaster in jail because a user could copy>paste copyrighted text into a comment field).

So, with that in mind. How exactly did the courts rule? Is there still Safe Harbor protection against UGC. Or did Germany just become one of the worst countries in the world to own a website?

they ruled specifially about Rapidshare and that they must implement filter to prevent the upload and sharing of copyrighted content from non-copyright owners.

JOKER · 07-13-2012, 08:20 AM

Quote:

Originally Posted by MaDalton

they ruled specifially about Rapidshare and that they must implement filter to prevent the upload and sharing of copyrighted content from non-copyright owners.

just a punk · 07-13-2012, 08:26 AM

Quote:

Originally Posted by MaDalton

"It's called "Rapidshare" not "Rapidstore" - that says it all."

Wow! That's definitely quote of the year

blackmonsters · 07-13-2012, 08:29 AM

Quote:

Originally Posted by potter

As someone in the online industry, we should ALL be very adamant about protecting Safe Harbor laws that keep webmasters safe against UGC.

I know we all want to rid the net of as much piracy as possible. But if you start knocking down Safe Harbor laws that protect us against UGC. Then we're all fucked (Even comments on blogs would be in danger of putting the webmaster in jail because a user could copy>paste copyrighted text into a comment field).

So, with that in mind. How exactly did the courts rule? Is there still Safe Harbor protection against UGC. Or did Germany just become one of the worst countries in the world to own a website?

"What If Senarios" are complete bullshit because :
What if the world blew the fuck up in two minutes, then nothing would matter right?

Reasonable people know the difference between copying part of something for commentary
and distributing material solely to give it away for free. One of the aforementioned processes is copyright infringement and the other is call "fair use".

Plain and simple : Uploading something that is accessible to anyone on the internet is
publishing and distributing it. Those are rights of the copyright holder and the only exception is under fair use for educational, commentary and news reporting.
Uploading a "complete work" is almost always going to be a violation except under
very narrow cases of "fair use".

People want shit for free and they will simply convince themselves of why it's right just
like any crook justifies his actions in his mind.

If any of the pro file sharing arguments had validity then years ago we would have seen
"pirate" TV stations poping up all over the place that showed content from ABC, NBC and CBS. But we never saw that because the air waves were easier to police than the internet.

Jel · 07-13-2012, 08:41 AM

Awesome quote by the judge

And:

Quote:

Originally Posted by blackmonsters

"What If Senarios" are complete bullshit because :
What if the world blew the fuck up in two minutes, then nothing would matter right?

Reasonable people know the difference between copying part of something for commentary
and distributing material solely to give it away for free. One of the aforementioned processes is copyright infringement and the other is call "fair use".

Plain and simple : Uploading something that is accessible to anyone on the internet is
publishing and distributing it. Those are rights of the copyright holder and the only exception is under fair use for educational, commentary and news reporting.
Uploading a "complete work" is almost always going to be a violation except under
very narrow cases of "fair use".

People want shit for free and they will simply convince themselves of why it's right just
like any crook justifies his actions in his mind.

If any of the pro file sharing arguments had validity then years ago we would have seen
"pirate" TV stations poping up all over the place that showed content from ABC, NBC and CBS. But we never saw that because the air waves were easier to police than the internet.

Fucking spot on. "what if" merchants do my nut in.

Nautilus · 07-13-2012, 09:20 AM

Does the article say when they're going to shut down rapidshare?

MaDalton · 07-13-2012, 09:26 AM

Quote:

Originally Posted by Nautilus

Does the article say when they're going to shut down rapidshare?

they are not going to do that - they sentenced Rapidshare to make "reasonable" efforts to prevent copyright violations

LA Crew · 07-13-2012, 09:30 AM

Currently, rapidshare is probably in a pretty good mood and their biggest competition just got busted.

Nautilus · 07-13-2012, 09:31 AM

Quote:

Originally Posted by MaDalton

they are not going to do that - they sentenced Rapidshare to make "reasonable" efforts to prevent copyright violations

Well that's some "sentence" indeed...

Paul Markham · 07-13-2012, 09:52 AM

Quote:

Originally Posted by potter

As someone in the online industry, we should ALL be very adamant about protecting Safe Harbor laws that keep webmasters safe against UGC.

I know we all want to rid the net of as much piracy as possible. But if you start knocking down Safe Harbor laws that protect us against UGC. Then we're all fucked (Even comments on blogs would be in danger of putting the webmaster in jail because a user could copy>paste copyrighted text into a comment field).

So, with that in mind. How exactly did the courts rule? Is there still Safe Harbor protection against UGC. Or did Germany just become one of the worst countries in the world to own a website?

So lets not bother with laws about copyright.

Because the world will stop if we can't copy and paste other peoples work.

Gozarian · 07-13-2012, 10:03 AM

Where is gideon to tell us the judge is an idiot.
Finally some sanity.

Tom_PM · 07-13-2012, 10:09 AM

Quote:

Originally Posted by MaDalton

they are not going to do that - they sentenced Rapidshare to make "reasonable" efforts to prevent copyright violations

I'll go for the "broken record" award with this one..

What they should do is make each user check a box which states that they have the right to distribute the content they're about to upload. Make sure they know the date/time/IP is tracked as well as username/account ID.

I can understand why sites don't want to have to put their submitters under the gun, but it's them or you according to the German court anyway.

DWB · 07-13-2012, 10:34 AM

Quote:

Originally Posted by blackmonsters

"What If Senarios" are complete bullshit because :
What if the world blew the fuck up in two minutes, then nothing would matter right?

Reasonable people know the difference between copying part of something for commentary and distributing material solely to give it away for free. One of the aforementioned processes is copyright infringement and the other is call "fair use".

Plain and simple : Uploading something that is accessible to anyone on the internet is
publishing and distributing it. Those are rights of the copyright holder and the only exception is under fair use for educational, commentary and news reporting.
Uploading a "complete work" is almost always going to be a violation except under
very narrow cases of "fair use".

People want shit for free and they will simply convince themselves of why it's right just
like any crook justifies his actions in his mind.

If any of the pro file sharing arguments had validity then years ago we would have seen
"pirate" TV stations poping up all over the place that showed content from ABC, NBC and CBS. But we never saw that because the air waves were easier to police than the internet.

I don't always agree with you, but when I do, as in this case, I agree with EVERY word you say.

DWB · 07-13-2012, 10:42 AM

Quote:

Originally Posted by PR_Tom

What they should do is make each user check a box which states that they have the right to distribute the content they're about to upload. Make sure they know the date/time/IP is tracked as well as username/account ID.

Logic has no place in the piracy games. Get that shit out of here.

MaDalton · 07-13-2012, 11:17 AM

Quote:

Originally Posted by Nautilus

Well that's some "sentence" indeed...

to be more precise after reading it again:

once a DMCA has been filed for a certain file, the same file must be prevented from being uploaded again

also Rapidshare must monitor websites where sharing links are posted and if they find links to Rapidshare with copryright violations, they must remove those links proactively

SplatterMaster · 07-13-2012, 11:40 AM

Quote:

Originally Posted by MaDalton

to be more precise after reading it again:

once a DMCA has been filed for a certain file, the same file must be prevented from being uploaded again

also Rapidshare must monitor websites where sharing links are posted and if they find links to Rapidshare with copryright violations, they must remove those links proactively

Sounds like it's pretty much in line with what PayPal now wants

Nautilus · 07-14-2012, 03:05 AM

Summary of the rapidshare case court decision in English:

http://germanitlaw.com/?p=683

Gozarian · 07-14-2012, 03:35 AM

The entire world is copy and paste - even our infamous Prime Minister copy and pasted his masters thesis but remains in power and usurping the Constitution. We all need a wakeup call

MaDalton · 07-14-2012, 04:21 AM

Quote:

Originally Posted by Nautilus

Summary of the rapidshare case court decision in English:

http://germanitlaw.com/?p=683

good summary, correctly translated

Paul Markham · 07-14-2012, 04:25 AM

Quote:

Originally Posted by MaDalton

to be more precise after reading it again:

once a DMCA has been filed for a certain file, the same file must be prevented from being uploaded again

also Rapidshare must monitor websites where sharing links are posted and if they find links to Rapidshare with copryright violations, they must remove those links proactively

This will make their business a little harder and more expensive. Also how does it effect DMCA laws?

MaDalton · 07-14-2012, 04:35 AM

Quote:

Originally Posted by Paul Markham

This will make their business a little harder and more expensive. Also how does it effect DMCA laws?

it does not, read the english summary above

Paul Markham · 07-14-2012, 05:40 AM

I see now.

07-13-2012, 01:51 AM	#1
MaDalton I am Amazing Content! Industry Role: Join Date: Feb 2004 Posts: 39,822	German court rules: Filehosters like Rapidshare are responsible for copyright violations... Sorry, german only, Google translate is your friend: http://www.spiegel.de/netzwelt/netzp...-a-844148.html Interesting comment from the judge though when Rapidshare claimed they cant know if a user didnt just store the file as backup: "It's called "Rapidshare" not "Rapidstore" - that says it all." __________________ AmazingContent.com - providing only the best content and service since 2003 Monetize your content on Veegaz.com - one of Germanies largest VOD sites Got German traffic? We convert it into money for you! Skype: madalton02826 - Email: oltecconsult [at] gmail [dot] com

07-13-2012, 02:54 AM	#5
BradBreakfast Confirmed User Join Date: Feb 2008 Posts: 415	Now to take down all the Google piracy groups. __________________ GetClicky - The World's Most Advanced Real Time Ajax-based Analytics

07-13-2012, 06:39 AM	#8
kazymjir Confirmed User Industry Role: Join Date: Oct 2011 Location: Munich Posts: 411	True, Germany knows the things they are doing. __________________ http://kazymjir.com/

07-13-2012, 07:48 AM	#10
potter Confirmed User Industry Role: Join Date: Dec 2004 Location: Denver Posts: 6,559	As someone in the online industry, we should ALL be very adamant about protecting Safe Harbor laws that keep webmasters safe against UGC. I know we all want to rid the net of as much piracy as possible. But if you start knocking down Safe Harbor laws that protect us against UGC. Then we're all fucked (Even comments on blogs would be in danger of putting the webmaster in jail because a user could copy>paste copyrighted text into a comment field). So, with that in mind. How exactly did the courts rule? Is there still Safe Harbor protection against UGC. Or did Germany just become one of the worst countries in the world to own a website? __________________

07-13-2012, 09:20 AM	#16
Nautilus Confirmed User Industry Role: Join Date: Sep 2002 Posts: 1,631	Does the article say when they're going to shut down rapidshare? __________________ . . FerroCash - 50+ quality niche paysites to promote \| 100K+ FHGs \| Check recently added galleries New sites \| Pantyhose \| Nylon \| Shemale \| Strapon \| Lesbian \| Mature/MILF \| Anal \| Old&Young \| Gay \| Feet Morphing RSS feeds - check them at the Official blog\| Page Peels (Sample 1 : Sample 2) Wish to review or evaluate our sites before promoting them? Contact me for free password. ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

07-13-2012, 02:08 AM	#2
DWB Registered User Industry Role: Join Date: Jul 2003 Location: Encrypted. Access denied. Posts: 31,779	Shazam!!! Great quote by the judge. And yes, that does say it all.

07-13-2012, 02:50 AM	#4
lucas131 ¯\_(ツ)_/¯ Industry Role: Join Date: Aug 2004 Posts: 11,475	cool the judge knows his shit well

07-13-2012, 06:07 AM	#7
L-Pink working on my tan Industry Role: Join Date: Mar 2005 Location: Florida/Kentucky Posts: 39,151	Great judge.

07-13-2012, 06:42 AM	#9
SpicyM Confirmed User Industry Role: Join Date: Aug 2006 Posts: 4,535	Lol, thats great! ..but then, they may just start renaming the services to avoid the "share" part.

07-13-2012, 09:30 AM	#18
LA Crew Confirmed User Join Date: Jan 2008 Location: city of angels Posts: 1,356	Currently, rapidshare is probably in a pretty good mood and their biggest competition just got busted. __________________

07-13-2012, 10:03 AM	#21
Gozarian Confirmed User Industry Role: Join Date: Jun 2012 Location: most recently Bucharest Posts: 558	Where is gideon to tell us the judge is an idiot. Finally some sanity.

07-14-2012, 03:05 AM	#27
Nautilus Confirmed User Industry Role: Join Date: Sep 2002 Posts: 1,631	Summary of the rapidshare case court decision in English: http://germanitlaw.com/?p=683 __________________ . . FerroCash - 50+ quality niche paysites to promote \| 100K+ FHGs \| Check recently added galleries New sites \| Pantyhose \| Nylon \| Shemale \| Strapon \| Lesbian \| Mature/MILF \| Anal \| Old&Young \| Gay \| Feet Morphing RSS feeds - check them at the Official blog\| Page Peels (Sample 1 : Sample 2) Wish to review or evaluate our sites before promoting them? Contact me for free password. ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

07-14-2012, 03:35 AM	#28
Gozarian Confirmed User Industry Role: Join Date: Jun 2012 Location: most recently Bucharest Posts: 558	The entire world is copy and paste - even our infamous Prime Minister copy and pasted his masters thesis but remains in power and usurping the Constitution. We all need a wakeup call

07-14-2012, 05:40 AM	#32
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	I see now. __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70