German Court: Rapidshare has to check all uploads for copyright infringement

[Aussie Rebel]

Interesting Indeed!

According to a ruling published yesterday, a court in Hamburg, Germany has ruled that Rapidshare is currently not doing enough to combat copyright infringement and that its filter system is ineffective.

The ruling says Rapidshare must now become more active in finding files that infringe on copyrights, especially after rights holders makes the company aware of them. The new rule is very similar to that of the DMCA here in the States.

Besides taking down infringing content however, the company must also "proactively check content before publishing it" to see if similar files have been posted before and to see if those files infringed content. More strikingly however, Rapidshare has to log IP addresses of "potential infringers."

Rapidshare currently uses a MD5 Hash checking filter to stop the upload of previously removed material, but the court ruled that that was not sufficient as uploaders would only have to change a couple of bytes in the file in order to circumvent the filter. Archives with passwords are also very hard to check, if not impossible.

http://www.afterdawn.com/news/archive/15568.cfm

Court: RapidShare must remove infringing content proactively

File sharing service RapidShare may find itself without a viable business model if a German court ruling stands. After getting sued by a German copyright holder, the company argued that it was doing all it could to screen out copyrighted material. The court, however, has ruled that its efforts were insufficient, raising questions about whether doing anything that was legally sufficient could be done without incurring enough costs to sink the company.

RapidShare is one of a large number of companies that will host large files for users who need to exchange them with friends and family. Like many of these companies, it offers a free service with limited features in the hopes of enticing users to spring for the cost of a premium service, which offers some significant perks, such as hosting larger files, unlimited download speeds, and permanent storage. All of this occurs through a simple web interface, and doesn't involve the P2P transfers that have attracted the ire of ISPs and the copyright industry. As a result, their popularity is growing rapidly; RapidShare accounts for five percent of all IP traffic in some regions.

Of course, the exchange of large files is what P2P was all about, so it's no surprise that copyrighted material is showing up on RapidShare, as well; attention from copyright holders was also inevitable. In this case, that attention came in the form of a lawsuit in Germany, where a copyright holding organization called GEMA has been seeking legal sanction and financial penalties. As we noted in our earlier coverage, Germany lacks the "safe harbor" provisions afforded to US companies, which are exempted from liability for infringing material that their users place on servers or make accessible through their networks if they take it offline once notified of its infringing nature.

The case has been going poorly for RapidShare so far, and it appears to have taken a turn for the worse. The P2P Blog notes that the German courts have issued a ruling (in German, naturally) in which their expectations for RapidShare's antipiracy efforts are spelled out more clearly.

RapidShare argued in court that it maintained hashes of copyrighted material that had appeared on their service in the past, and used those to prescreen material that is uploaded. In addition, it had hired six full-time staff members to go through material it was hosting and to respond to complaints about infringing material. None of this, apparently, is good enough. Simply twiddling a few bits could defeat the hash-based screening, the court ruled, and the six employees were insufficient to proactively examine everything posted to the company's servers before it was made available for download.

The blog translates part of the decision as stating, "a business model that doesn't use common methods of prevention cannot claim the protection of the law," in determining that the near impossibility of screening for all copyrighted material doesn't excuse RapidShare from the legal requirement to do so. I'm hard pressed to think of a "common method" that would suffice to enable the screening of this volume of data. As a result, it looks as though RapidShare may be forced to manually screen every bit of uploaded content. Closing its doors is likely to be a cheaper option should the ruling stand.

http://arstechnica.com/news.ars/post...d-content.html

[camgirlshide]

nice
let's see if they actually follow this or just move their servers somewhere else

[Manowar]

thats their business model gone

[d-null]

hopefully this is just the beginning...

[d-null]

notice the comments at that site from surfers talking about how that is a "nazi" thing to do and how they will just have to move their stolen porn to other sites

[Aussie Rebel]

Originally Posted by d-null

notice the comments at that site from surfers talking about how that is a "nazi" thing to do and how they will just have to move their stolen porn to other sites

I wonder if they would think it was wrong if we went into there work and just started taking stuff out of there workplace and say it's ok we are only going to share it with a couple of million other people, I hope it doesn't affect you're income to badly

[Rodent]

The rate stuff is uploaded that will be one hell of a task for them to proactively remove the files. I bet they move the servers elsewhere.

[dnd]

this affects only rapidshare.de not rapidshare.com are two different companies

[DutchTeenCash]

Originally Posted by dnd

this affects only rapidshare.de not rapidshare.com are two different companies

same person same company name, one in his own name the other in the companies name

Im sure its not that hard to link those legally

[Jens Van Assterdam]

Originally Posted by DutchTeenCash

same person same company name, one in his own name the other in the companies name

Im sure its not that hard to link those legally

Fail.
The .COM servers are legally owned by his mother

[JFK]

Originally Posted by Jens Van Assterdam

Fail.
The .COM servers are legally owned by his mother

must be A Big basement

[martinsc]

good news

[Jens Van Assterdam]

Originally Posted by JFK

must be A Big basement

Actually its a coliseum...

[L-Pink]

Originally Posted by Aussie Rebel

I wonder if they would think it was wrong if we went into there work and just started taking stuff out of there workplace and say it's ok we are only going to share it with a couple of million other people, I hope it doesn't affect you're income to badly

[seeandsee]

I would like to see breaking password protected files to see what is inside

[Manowar]

Originally Posted by d-null

notice the comments at that site from surfers talking about how that is a "nazi" thing to do and how they will just have to move their stolen porn to other sites

yeah, it's not like there isn't other sites exactly the same.