AfterDawn: News

GEMA obtains injunctions against RapidShare

GEMA, Germany's society for musical performing and mechanical reproduction rights, has obtained temporary injunctions against the operator of poupular data exchange services RapidShare.de and RapidShare.com.

RapidShare.com is said to have used copyrighted works of GEMA members "in an unlawful fashion".



The RapidShare.com & .de services operate in a near identical fashion. They both allow users to upload content on virtual storage space, which therefore makes it publicly available.

GEMA spokesman Hans-Herwig Geyer believes neither site should be permitted to continue operations in their present form, according to Heise Online.

The collecting society is demanding details be revealed by RapidShare's operator of exactly how many copyrighted files of GEMA artists it currently stores without permission. However, according to Geyer, RapidShare has to date claimed it has no knowledge or control of the content uploaded by its users.

The District Court in Cologne, from whom the injunctions were obtained, has made it clear that although it was the users and not the operators that uploaded the content in question to the RapidShare servers, this did not, (at least from a legal point of view), make the operator of RapidShare any less liable for copyright infringements occurred within the context of the services.

Harald Heker, the chairman of the executive board of GEMA, believes the outcome of the court's decisions will have a knock on effect with the way "Web 2.0 services" such as YouTube and MySpace will be dealt with in the future.

Heker believes that such decisions show is that "the mere circumstance of shifting acts of use to users and the purported inability of the operator to control content do not relieve the operator of a service from the copyright liability he/she/it possesses for the content made available for download from the operator's website".

Source:
Heise Online

Written by: Ben Reid @ 20 Jan 2007 11:22

• Previous article

• PS3 sees worst sales week since launch

• Next article

• Apple received demands to change iTunes contract terms

• 23 comments

• solarf

  It seems like this is happening all around the world.

  20.1.2007 11:44 #1

• b18bek9

  it was only a matter of time figuring theres a million site like rapidshare and its one of the most popluar it was bound to happen. They cant stop file sharing as soon as rapid share goes down another one will pop up its a never ending battle. So i say share everything and lets see the MPAA RIAA and everyone else backing them go down in flames. Figuring the corporations could careless about you and the consumers why taking your money either way i say pirate away. Sad to see theres no real resolution in it. just my 2 cents on the subject

  20.1.2007 12:14 #2

• Pop_Smith

  Its strange that this isn't the RIAA suing. Other sites have already picked up on the Rapidshare thing. They are just a Google away. :p

  20.1.2007 13:51 #3

• borhan9

  This is absloutlety crappy. Ok maybe people do it but i find it a very good way of sharing more than programs it can be used to send large video files and music to the people who you want to give it to if you don't have a server setup yourself.

  20.1.2007 14:31 #4

• tabletpc

  na na na na na na na na heyaa goodbye
  
  im so glad to see this site getting what it deserves because this site is stupid if you payed the fee then not only do you face jail time because they will have your account information but almost everything you download via rapidshare you have to pay for to get good download
  speeds lame lame lame
  
  
  

  20.1.2007 16:52 #5

• svtstang

  Quote:na na na na na na na na heyaa goodbye
  
  im so glad to see this site getting what it deserves because this site is stupid if you payed the fee then not only do you face jail time because they will have your account information but almost everything you download via rapidshare you have to pay for to get good download
  speeds lame lame lame1.Do you know of the word "punctuation?" Learn it, love it, use it.
  
  Also did you know your full of it? Rapidshare has a grip of users, and guess what, a lot do not use it for piracy reasons. I have a premium account and use it to share family vids with members of my family that live across the country, do I deserve jail time? This is a german agency, therefore will have no affect for people like me in the US....even if it did, RS would cease to exist because I gurantee if RS gave up personal info they would be out of business.
  
  There are bigger fish to fry, why not spend the cash on convicting rapists or trying to find a cure for a disease such as AIDS? You want to know why? These big agencies are full of sh!t and are only worried about lining their pockets. Period.
  
  

  20.1.2007 18:57 #6

• webe123

  @stvstang....I agree with what you say. tabletpc is just being a troll. No need to feed it.

  20.1.2007 19:17 #7

• craftyzan

  Stay with Amule! Or Emule if your in Windows! That's what I use to find things you can't find for purchase anymore...the really really rare.

  20.1.2007 20:31 #8

• ZippyDSM

  borhan9
  thats what they want to control data to enforce fees so that this "data" is protected from their wrath...there is a reason they are part of the media mafia.
  
  svtstang/webe123
  so I take it he dosent have the right to complain that its a fee based service that maybe might be breaking the law because tis making a profit off illicit transfers,its one thing to to skirt the law its another to openly break it and expect that nothing will happen.
  
  
  svtstang
  *bonk*
  how ya been man? ^^

  21.1.2007 07:00 #9

• BobbyBlu

  Quote:@stvstang....I agree with what you say. tabletpc is just being a troll. No need to feed it.Anything coming from tabletpc don't shock me....
  
  We are still waiting on a link to this BS he said here....
  
  http://forums.afterdawn.com/thread_view.cfm/453713
  
  LOL...
  
  There is nothing wrong with rapidshare i have used it for months.
  

  
  
  
  
  Microsoft: Ps3 cant do 60fps on 1080p. Guess what they were WRONG!!!!!
  (11/19/05 - 9/19/06) Microsoft: Sony's 1080p support on PS3 is all Hype and Not Needed.
  (9/20/06) Microsoft: Xbox 360 to add 1080p support.
  
  

  21.1.2007 08:25 #10

• ZippyDSM

  BobbyBlu
  Takes a troll to know one I suppose...yyeeesssssss
  
  damn to much beast wars I now have a megatron voice in my head 0-o
  
  BTW I am a net ogre their bigger and more hairy than trolls..not as energinic either 0-o
  

  
  
  FIGHT THE M.A.F.I.A.A.
  Sony has declared war on importers the consumer will be next with CD's,Videos/Games not far behind that....boycott SONY!
  http://www.afterdawn.com/news/archive/8062.cfm

  21.1.2007 08:34 #11

• webe123

  @ZippyDSM...I could really care LESS WHAT you think!
  
  If I want to say something I am going to, regardless of what you say or do.
  
  And I was adressing the fact that the he thought that it was FUNNY about people possibly getting sued for using the site. If that is what he thinks is funny, there is something with both HIM and YOU if you are of the same mindset...which apparently you are for sticking up for a troll.

  21.1.2007 09:25 #12

• ZippyDSM

  webe123
  if you gotta say it say it ^^
  I try to say it but fail ;_;

  21.1.2007 09:31 #13

• tefarko

  so another court decision favoring the big corps...
  
  sueing the space provider because of the content users put there is the same as saying that if you rent a house to a drug smuggler you´ll be responsible for his crimes...
  
  so as the saying goes, everyone is equal before the law, ... but some are more equal than others...

  22.1.2007 02:53 #14

• solarf

  I couldn't agree more.
  

  22.1.2007 06:40 #15

• gogochar

  Oh lord, I hope they don't do MediaFire next. That'll be horrible.

  22.1.2007 10:04 #16

• Noak192

  i got hit by lightning for spamming this here fine site of ad! edited by ddp

  22.1.2007 14:47 #17

• svtstang

  Wow did all these guys get hit in this thread? If so, i nominate this thread for the yearly "most bans in a thread" award ;)
  

  
  
  Ripper FTW!
  
  
  
  
  
  

  22.1.2007 18:38 #18

• Sontiago

  Well here's something for all to learn...... Big Corporations do not only own American, but the rest of the world to... Oh how the times change, the more they seem to stay the same.. .. sigh.....
  

  27.1.2007 18:41 #19

• craftyzan

  A handful of gigantic elephants (*AA's) and legionds of little mice (us)...that is the net.

  28.1.2007 00:34 #20

• malves

  Some folks just don't read the fine print. GEMA took the high profile road instead of using the "friendly" option Rapidshare provides. From the Rapidshare support link (http://rapidshare.com/en/imprint.html):
  
  Abuse-Management:
  Illegal files will be deleted as soon as we get notice about them. We will also put them on an internal black-list so they can't be uploaded again. Please write an e-mail with the exact links to the files to our abuse department at abuse@rapidshare.com.
  
  To make sure your e-mail will be processed as fast as possible, please add the following details:
  - Please identify yourself as the owner of the material or as an authorized person to act for the owner.
  - Please add your contact-details including your telephone-number so we can contact you if we have questions.
  - Please add the links to the files the following way: http://rapidshare.com/files/...

  28.1.2007 11:17 #21

• Gadarene

  I guess sites like this one that made mirrors for every rapidshare file are lucky now.
  
  freesexgirls.blogspot.com

  19.1.2008 17:12 #22

• profvic

  Every datail of the laws involving file sharing should be made known to the web users sort of a bill of rights per country or better yet Worldwide.I use RS to get films on Divx is that Illegal?
  Most software and movies let's face it ,if you want it you're gonna buy it from the company to get the best product.
  I'm afraid though the File sharing freedoms of today are gonna be like
  other alleged freedoms a thing of the past and something to tell our grandchildren about.
  The powers that be are like my bosses at my job,they care but they don't care.Enjoy while you may!!

  20.1.2008 14:53 #23