AfterDawn: News

Rapidshare.com loses court battle

According to P2P blog, the German music rights holder GEMA has won its court case against the massive file hoster Rapidshare.com. In a press release, GEMA announced that the Dusseldorf district court had ruled that Rapidshare will for now on have to block access to any works in the GEMA repertoire.

In its defense, Rapidshare was saying that "only its users can be held responsible for copyright violations." The court apparently disagreed and said that the site was used mainly for illegal activities and that the company generates "substantial" monthly revenue from those illegal activities.



The ruling could have implications for the future of the site on the whole. GEMA's press release read, "The ruling forces Rapidshare to 'take measures that might have the risk of making Rapidshare's service substantially less attractive or even close it down completely.'" That statement means that potentially GEMA can get the entire site shut down if access isn't blocked to GEMA's copy written material.

In the past year GEMA has won two injunctions against the file hoster but never an actual court case. Rapidshare.com is based in Switzerland but Rapidshare.de was originally founded in Germany.


Written by: Andre Yoskowitz @ 26 Jan 2008 17:04

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• 27 comments

• spiesfan

  so what, people will move to a new server this is a pointless game

  26.1.2008 17:19 #1

• SDF_GR

  ^ exactlly, or rapidshare can just change the name.

  26.1.2008 18:54 #2

• spydah

  Seeing articles like this makes you think. They arent active at all with people who sell guns. They cause more damage then somebody sending a file to a server and others having access to download it. People do some dumb things and to think people allow companies like this to push the envelope on lower priority issues.

  26.1.2008 21:42 #3

• ZippyDSM

  Originally posted by spydah: Seeing articles like this makes you think. They arent active at all with people who sell guns. They cause more damage then somebody sending a file to a server and others having access to download it. People do some dumb things and to think people allow companies like this to push the envelope on lower priority issues.you forget a life is only worth a few grand to the media mafia, but files are forever and ever and ever.

  26.1.2008 21:52 #4

• varnull

  Based in Switzerland eh?? I say give the krauts the finger (even though my grandfather said the POW camp guards were nice enough in 1917/18)
  We didn't kick their asses twice in the 20th century for them to start dictating to us all over again.

  26.1.2008 22:02 #5

• shummyr

  Originally posted by varnull: Based in Switzerland eh?? I say give the krauts the finger (even though my grandfather said the POW camp guards were nice enough in 1917/18)
  We didn't kick their asses twice in the 20th century for them to start dictating to us all over again.So True They Need to move to the same Servers The Pirate Bay (TPB) are on no more problems
  
  Peace out
  
  Shummyr

  26.1.2008 22:40 #6

• windsong

  Quote:They arent active at all with people who sell guns.Sharp as an orange.

  26.1.2008 22:54 #7

• shummyr

  Quote:Quote:They arent active at all with people who sell guns.Sharp as an orange.SOOOOOOOOO True

  26.1.2008 23:51 #8

• ville30

  Originally posted by spiesfan: so what, people will move to a new server this is a pointless gameTheir purpose is to only hinder progress.

  27.1.2008 06:45 #9

• atomicxl

  If you help people steal you're an accomplice. Simple as that.
  
  I wonder just how much money via ads and membership fees RapidShare makes off of allowing people distributing copyrighted content. Its sad that you guys think everyone should be able to profit from creative content except for the people that create the content.

  27.1.2008 10:36 #10

• pcrazy99

  What's the difference between downloading material off of rapidshare or recording a song while it's playing on the radio? How about recording songs off a friends cd? Should all of this be illegal also? It sad that your idea of "stealing" is so black and white. I'll quit downloading when I'm able to check out an entire album or movie for free to make sure it's worthy of my purchase.

  27.1.2008 11:45 #11

• hughjars

  Typically pointless rear-guard action delaying the inevitable.
  
  The only shame is they hurt and destroy the lives of those they hold up as examples.
  
  This isn't about getting real and actual 'pirates' who profit from other's work, this is about f*cking over innocent individuals whose only 'crime' was to freely share.
  
  ....and the corps really can't abide the idea of that going unchecked.

  27.1.2008 14:10 #12

• Tokijin

  rapidshare.com and rapidshare.de are both owned by Christian Schmidt. It's true that rapidshare.com is based in Switzerland, however that does not mean it's free and clear. It's all about how the German courts interpret intellectual property laws in this case. Since the owner of the company resides in Germany and is subject to German law, it is conceivable the courts will rule GEMA has jurisdiction over both rs.com and rs.de and both services will have to comply with whatever legal sanctions German courts lay down or face legal penalties. Anti-piracy groups frequently use fear and intimidation tactics, another possibility is coercing Schmidt to shutdown both services under fear of jail time.

  27.1.2008 16:12 #13

• snowlock

  Originally posted by atomicxl: ...Its sad that you guys think everyone should be able to profit from creative content except for the people that create the content.
  that's what the big 4 record labels (riaa) think. from what i've heard, they keep trying to pay the creators of the music less and less.
  
  they keep trying to sue/shut down anyone who actually embraces digital distribution, knowing they're probably the only ones who can truly bring the next-gen music format into the consumer fore-front.

  27.1.2008 16:41 #14

• shummyr

  Quote:Originally posted by atomicxl: ...Its sad that you guys think everyone should be able to profit from creative content except for the people that create the content.
  that's what the big 4 record labels (riaa) think. from what i've heard, they keep trying to pay the creators of the music less and less.
  
  they keep trying to sue/shut down anyone who actually embraces digital distribution, knowing they're probably the only ones who can truly bring the next-gen music format into the consumer fore-front.SSOOOOOOOOOOOOOOOOOO True Man
  
  Shummyr

  28.1.2008 00:00 #15

• OFI

  Hrmm... i'm so glad I coughed up for several months subscription then..

  28.1.2008 08:53 #16

• chaos_zzz

  my one year user ends this month, hell yeah i'm getting another one :)

  28.1.2008 09:49 #17

• cousinkix

  RAPIDSHARE is charging $$$$$ for their PREMIUM accounts. They do not own any of this music. Artists who permit file sharing don't like servers who profit from distribution of their copyrighted songs. These pirates get no sympathy from me.
  
  People who buy guns are screened for a criminal background check and denied service if they have criminal records. auto dealers don't check to see if a convicted drunken driver is trying to buy another car. We even had a local drunken wife drive to county jail to pick up her drunk driver husband last year. Both wound up behind bars...

  28.1.2008 10:47 #18

• ZippyDSM

  Originally posted by cousinkix: RAPIDSHARE is charging $$$$$ for their PREMIUM accounts. They do not own any of this music. Artists who permit file sharing don't like servers who profit from distribution of their copyrighted songs. These pirates get no sympathy from me.
  
  People who buy guns are screened for a criminal background check and denied service if they have criminal records. auto dealers don't check to see if a convicted drunken driver is trying to buy another car. We even had a local drunken wife drive to county jail to pick up her drunk driver husband last year. Both wound up behind bars...do you know how much it costs to run and upgrade servers.

  28.1.2008 11:35 #19

• varnull

  It seems to me the majority of files put on rapidshare aren't copyright content anyway.. not in that sense..
  
  I have used them to send people a long way away large files, and home videos and that kind of stuff.. there are far better ways to distribute pirated music and apps.. the newsgroups for instance.. I don't see anybody ranting about them getting fat for charging people for warez and stolen music...
  
  It seems that some more money than sense spoiled brat wants to tell me that because I'm poor, and I don't live in Japan.. that I can't indulge my interest in jap pr0n... It's not like I'm stealing when the content is not and will never be sold here in a form I can access.. So rapidshare (and others) it must be..
  
  Looks like the germans have got ideas again.. just like the yanks.. Global domination dreams....
  I'm starting to think about glass houses and stones.......
  
  What is this supposed to mean??
  
  Quote:People who buy guns are screened for a criminal background check and denied service if they have criminal records. auto dealers don't check to see if a convicted drunken driver is trying to buy another car.All that happens is the gun wanting criminal just buys a gun off the street or in a bar... If they tried it with cars the same result.. black market economy.
  

  
  
  Free open source software = made by end users who want an application to work.... Commercial "pay for" software = made by software developers who want paying... see where I'm going with this?

  28.1.2008 20:50 #20

• cousinkix

  do you know how much it costs to run and upgrade servers.
  
  No; and nobody cares. They do not have the freedom to make even one damned penny, by charging you for the right to download a third person's copyrighted music. You want free stuff, with no rip-off Premium accounts? In that case, www.archive.org is full of free music that is hosted on their servers, with the written permission of hundreds of artists. The RIAA can't do a damned thing about that website either...

  29.1.2008 01:31 #21

• trainmstr

  Originally posted by atomicxl: If you help people steal you're an accomplice. Simple as that.
  
  I wonder just how much money via ads and membership fees RapidShare makes off of allowing people distributing copyrighted content. Its sad that you guys think everyone should be able to profit from creative content except for the people that create the content.you are only partially correct. The precious "creative owners" do not pay rapidshare for their services ..why should they get a piece of the pie? You think running those servers is free?
  
  The problem is quite evident ...the copyright holders/ creative content owners ect ...are holding on to an ever aging antiquated business model that is failing beyond belief ... and expect to be bailed out time and time again.
  
  THis in my opinion is more stupid than the war on drugs. You may stop someone ..but 4 trillion people will be ready to step in their place ... rinse and repeat over and over and over again.

  29.1.2008 07:03 #22

• RNR1995

  The implications are just more than rapidshare hosting copyrighted content
  Now can someone sue the library when I borrow a cd or movies and burn it?
  Or learn how to make explosives or nukes? How about they sue Ford when I run you over with my car. Or sue the Gov't because it was done on their highways?
  Will you hold the knife manufacturer responsible when someone sticks one in your back? What about baseball bats? Drunk drivers kill 1 person every 30 minutes in the USA, are beer companies responsible for that? Remember the DVD Jon case

  3.2.2008 16:17 #23

• kubapolak

  Originally posted by RNR1995: The implications are just more than rapidshare hosting copyrighted content
  Now can someone sue the library when I borrow a cd or movies and burn it?
  Or learn how to make explosives or nukes? How about they sue Ford when I run you over with my car. Or sue the Gov't because it was done on their highways?
  Will you hold the knife manufacturer responsible when someone sticks one in your back? What about baseball bats? Drunk drivers kill 1 person every 30 minutes in the USA, are beer companies responsible for that? Remember the DVD Jon caseThat is a great comment!
  Smart Thinking!!!!

  4.2.2008 19:40 #24

• borhan9

  See rapidshares whole argument does not have any substance cause they should really put in a filter or be able to police copyright infringment a lot better than they are.

  19.2.2008 21:46 #25

• Arclight

  The way I see it, Rapidshare is ripping off the record companies and movie studios. They in turn are in the business of ripping off the performing artists. And the artists are most probably ripping off some unknown song writer we never will hear about. It is simply about the almighty dollar or in this case, euro. We, as end users, are ripping off everybody on the above list, whether we pay for the service or not. Now Rapidshare is ripping us off by dramatically reducing the levels for downloads. Everybody is screwing everybody else and that's what makes the world go around... But next time you pass a beggar on the street playing a harmonica or violin, drop some money in his hat. Without him, the whole thing will collapse under it's own weight.

  27.7.2008 15:56 #26

• Banjobob

  Its paypal i have a beef with, These guys are letting rapidshare use their services for basically a site thats 99% copyrighted material..

  19.11.2008 03:41 #27