Atari Loses Copyright Suit Against RapidShare
dotarray writes "Online copyright lawsuits aren't all about music. Video game publisher Atari Europe recently became concerned that copies of its game Alone in the Dark were floating around one-click file-hosting service RapidShare, so it took the hosting company to court. While they won the initial case, the decision was overturned on appeal, finding that RapidShare is doing nothing wrong."
They did nothing wrong hosting a full game, while other site hosting torrents are?
Of course it was just porn in disguise.
RapidShare, hosts (unknowingly) copyright content, not guilty
PirateBay, doesn't host (knowingly) copyright content, guilty
granted, different jurisdictions
not!
Be or ben't
If nothing else, this article led me to the Wikipedia page that provided the information that Alone in the Dark was remade in 2008, and that Atari is suing pretty much everyone that has anything to do with it.
It was REALLY exciting, until I realized that no North American courts are involved... A sane decision concerning copyright infringement by a U.S. Court would be really fantastic.
Why, yes, I AM a Pagan Libertarian.
Well, yes. But there's only so much you can do. No provider can be 100% certain none of the material is breaching copyright. I think it comes down to what measures they take to avoid this, amongst others.
A file sharing service being held accountable for a file a user posted?
While they are technically hosting the file, they did not originate the content. Kinda like saying a person who picked up a second-hand pair of boots off a dead guy is an accessory to murder.
This was the right call.
http://www.allometry.com
#disagree
This is slashdot not twitter. If you know a bulletproof way to stop someone from uploading any copyrighted material to a upload site, please, enlighten us.
The name still exists. Currently Infogrames is wearing the face of that particular corpse but at least they have been around for pretty long so they're somewhat deserving of holding the name.
Justice is the sheep getting arrested while an impartial judge declares the vote void.
This. A lot of the content is uploaded as .rar files, that are encrypted with some easy password, usually the name of the forum it was shared to. That would be a good example of when RapidShare can't do anything.
Is Rapidshare used for anything besides sharing films, music and ebooks?
#disagree
This is slashdot not twitter. If you know a bulletproof way to stop someone from uploading any copyrighted material to a upload site, please, enlighten us.
Yes, it is indeed slashdot and not twitter and i am STILL entitled to have my opinion in the comment section. The style of writing does not break any slashdot guidelines, does it? If it does, please elaborate.
Yes. Sharing files that are too big to be emailed.
Is Rapidshare used for anything besides sharing films, music and ebooks?
Yes it is! games,pictures,porn,cracked softwares .. ..almost everything
Please elaborate on your method. You were asked about your bulletproof method of stopping people uploading files to a filesharing site that are not legal.
Instead of disagreeing, which is merely crybaby whining, how would it be done?
Please elaborate.
Just to stave off the nitpickers.. yes, Linux distributions are also copyrighted material and the distribution thereof is completely legal - save for fringe cases you're making up right now after reading the preceding.
The premise of a bulletproof way to stop someone from uploading any copyrighted material is, of course, a trap; the site would first have to know that this material is copyrighted and the uploader doesn't have the distribution rights for the material in question.. which is impossible for any given random upload.
So let's limit things to uploads that are -not- random, as per the GP's complaint. A user uploads Movie X and it gets stored as "somesite/MovieX_abc.iso" at cost roughly equal to $0. Studio does the legal work, files an official DMCA complaint (in the case of U.S.-hosted content) at cost undoubtedly greater than $0 stating that "somesite/MovieX_abc.iso" infringes and bla bla bla. Hosting site reviews the matter and ultiamtely takes down the content. Problem solved... except that the same user, or another user, re-uploads the exact same file and it gets stored as "somesite/MovieX_def.iso". References from the various forums/messageboards/IRC/etc. are modified to fit (this can, and has been, automated), and things are back to square one as the rights holder must file a -new- DMCA complaint for the exact same file as made available at the new URL.
So what good did the DMCA do there? Well, it did a lot of good for the uploader(s). As much as the DMCA is scorned by most Slashdot visitors (usually for the circumventing protections part), it certainly has the above loophole that makes it very easy for uploaders to do what they do, while hosting companies can sit back and play innocent while they rake in the cash for the premium accounts.
So the first step toward a semi-bulletproof way would be to close that loophole and add a filter that will block future uploads of the same file.
Of course people will get wise to that, and will simply add a file to, or remove a file from, the archive.. or pad the file with some bytes, or upload e.g. a movie that's been encoded with some different encoder. So then the next step would be to actually match against content, rather than the files. Plenty of fingerprinting technologies out there that will match against e.g. music and movies, so this could be realized. There may be false positives as a result of this, but that can simply be dealt with by notifying the uploader and allowing them to overrule the finding, as well as notifying the rights holder(s) so that they can then overrule the user if they deem this applicable. Plenty of haziness regarding fair use there, but that falls back to the DMCA claim/counterclaim thing.
Then of course people are just going to upload in formats that the site doesn't understand - be it an unknown codec or an encrypted archive. The solution to that is also fairly simple: don't allow uploads of files the hosting site can't parse.
Ultimately, this will still allow uploads of files for which the uploader does not have the distribution rights - as implied by the second point where the user can override fingerprint tech findings combined with the nature of these hosting sites; the user is anonymous.
In the case of such an upload, the -user- should thus be accountable - that means that the user has to actually be known.. not just by an account name, but as a full legal entity. This is also doable - e.g. a one-time micro-transaction to a bank account with a password that serves as the account notification code and similar strategies that tie into real-world real-persona linked information sources.
Here's the rub, though... if such hosting sites were to implement these features, or at least any of the latter (the first being very easily circumvented), they would soon find their visitor and premium account holder numbers
While they are technically hosting the file, they did not originate the content. Kinda like saying a person who picked up a second-hand pair of boots off a dead guy is an accessory to murder.
While I agree with the ruling, the analogy must be one of the worst I've heard. They are the tool actually executing the production of additional copies, they're closer to the knife or the gun than anything else. A better analogy might be factory workers that produce faulty and deadly brakes from a bad design. They may be the ones doing it, but they're not the ones responsible for it.
Live today, because you never know what tomorrow brings
You own a private road which has hundreds of millions of cars passing by each month. Some of these cars are doing illegal.
Atari says it's your fault for "allowing" these cars to do what they do, but it's a freaking road - roads do not know what the cars are doing. You politely receive and resolve complaints Atari sends you, but then Atari says you're not doing enough.
So Atari takes you to court, you state that you've done everything that can be done, and the judge tells Atari to STFU & GTFO. The end.
Big difference.
YouTube displays the content it hosts, which requires that it is uploaded unencrypted. Rapidshare doesn't display uploaded content, which means it is trivial for anyone to upload an archive which includes encrypted content and also a CAPTCHA revealing the password.
Only YouTube's business model is amenable to automatic copyright infringement detection.
I think a better analogy is a person puts drugs in an airport locker and holding the airport criminally responsible for possession of drugs.
Insightful !
Rapidshare may be legally right, morally they are very wrong.
A law that extends copyright for decades after the author's death is immoral. Extending copyrights decades after a work was created is immoral.
So, should we follow the law or should we try to be moral?
If the law had any relation to morality it would follow the constitutional mandate that copyrights are for the authors and last for a limited time. They are not for a corporation to extend indefinitely long after the original term expired and the author died.
(...) and if you enforce something like this, soon you'll find files called a.rar, a.r01 and so on, and copyright owners won't even find the pirated stuff because people posting pirated content will just type the description, do a print screen and post the picture with the details instead of text. And how is that going to help anyone?
Some groups have been doing this for some time now, generally using the first letters of the name. For this it might be something along the lines of al.int.d.r01.
One click? Sure, if you mean one click to follow the posted link, then three more clicks to navigate towards the download, a few more to skip adds, then at least five more to answer questions like "Do you want the premium service? [NO], I don't want to wait, sign me up. [YES] I want it..... [extremely tiny font] just download my fucking file already [/extremely tiny font]
UTF-8: There and Back Again
If nothing else, this article led me to the Wikipedia page that provided the information that Alone in the Dark was remade in 2008, and that Atari is suing pretty much everyone that has anything to do with it.
It was REALLY exciting, until I realized that no North American courts are involved... A sane decision concerning copyright infringement by a U.S. Court would be really fantastic.
Apparently, while this article may have led you to the Wiki page, it didn't lead you to the article's third paragraph, which states:
This is not the first time that the file hosting company has come under the legal spotlight. Last year, the same German appeals court overturned a separate ruling against them, while a US court has also decided the company is not liable for its users behaviour.
I mean piracy of that game? I got 5 minutes into the demo, bored out of my brain and quit.
Why bother wasting the bandwidth?
I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
if such hosting sites were to implement these features, or at least any of the latter (the first being very easily circumvented), they would soon find their visitor and premium account holder numbers dwindling and go out of business as the users flock to another hosting site which does not implement these features.
You may say "speculation! You are suggesting that such hosting sites exist only by the grace of illegal content without any data to back up these claims!" and I would say you are right;
I wouldn't. Who in their right mind would give their real name and bank account number to Rapidshare, regardless of the legality of the file? Even if you don't care about the privacy issues, it would take so much time nobody would use it.
And preventing me from uploading encrypted personal files would make me use another service.
So they could perfectly lose business even from legal distribution.
Dilbert RSS feed
I have no account. And this is the third time you've gished your way out of explaining HOW Rapidshare could stop illicit file sharing. Would this be because you know they can't?
Baby whining from you again, trying to distract.
Toll roads have cars speeding on them. Lets fine the toll operator for letting criminals on their roads...
"Our sales would plummet!"
Are you sure? Slashdot exists to demonstrate the truism `all analogy is fraud`. There should be a monthly roundup of the 'best' - it would be a giggle.
Is Rapidshare used for anything besides sharing films, music and ebooks?
Is Rapidshare used for anything besides sharing films, music and ebooks?
the sacred words "films, music and and ebooks" and you have actually made the case that RapidShare or any other file sharing technologies should be protected by the courts.
I went to battle M.C. Escher, but drew a blank.
As someone who has personally used Rapidshare probably 30+ times in the past week for legitimate purposes, I'd be very sad to see it and sites like it closed because the onus was shifted from the copyright holders (who are the ones who are legally meant to enforce their rights) to these third party sites. Sure the uploaders can just change the file name (or checksum or whatever method RS is using to ban files) and re-upload and the rights holders have to then go through the process again, but that's necessary a necessary part of the process. They have a financial interest to protect and they'd happily see the site shut down, imagine a fast track complaint process where, after the first DMCA notice, a rightsholder could then make further complaints with zero cost - they could put Rapidshare out of business by just complaining about every single file that was uploaded. I see it somewhat like a market place where one dodgy guy is selling ripped DVDs. The police might arrest him and a week later someone else turns up with the same idea. Do we want to close down all markets at considerable loss of convenience for society just to deal with a few people who abuse the privilege, even though there's already a system in place for ensuring those directly affected can have action taken to resolve the situation? Or what you're suggesting, increase the cost for using the market for everyone just to protect the rights of a handful of people who don't care how far reaching their actions are so long as they don't have to pay for it? The current system is fine - let those with rights defend them and don't put the burden on legitimate users to pay to defend the rights of others (besides, they'll pass the costs onto their customers, who are the ones with a vested interest in protecting their business model, that's much fairer than saying I have to pay to protect Atari's rights when I haven't played an Atari game since the early 80's on my 2600).
on the other hand what happens when "your just holding this bag of pot for a friend"
Can you even buy a legal copy of Alone in the Dark anymore? If Rapidshare or the like is the only way to get an excellent classic game, I hardly see the problem...
Okay I double-checked. AitD was first published in 1992, so it really should be in public domain by now, per the original Copyright Act of 1790.
Again: http://en.wikipedia.org/wiki/Alone_in_the_Dark_(2008_video_game) Please, let your mama double-checks for you.
Have you ever heard of napster? They were kinda held accountable for hosting mp3 files. Now, they also indexed it which rapidshare does not, but rapid share pushes very hard for users to pay them money which is not something napster did and is one of the things that has gotten limewire into a lot of trouble. In fact, post napster, a major point (Bearshare, Kazaa and limewire at the least) has been the company knowing about the primary purpose of their service (copyright infringement) and attempting to profit from that.
I'm not going to argue ethics or morals, I'm not a lawyer nor do I have any great knowledge of the details of this particular case, I'm just pointing out that it wouldn't surprise me in the slightest if rapidshare ended up losing a case like this at some point for the foregoing reasons.
Nope, wrong direction, unless you're a commie. GPL gives you freedom and closing it into a proprietary app removes those freedoms. Only the communist russia stole the people's freedoms like that.
Do you want to be like them?
Also, P2P sharing loses no money since no money has changed hands, whereas someone definitely paid for the proprietary app and that money rightly belongs to the GPL programmer(s) that made the actual product.
Anon. Coward writes:
>>>Please stop posting.
>>>Please, let your mama double-checks for you.
Why do Anonymous Cowards have shit for brains? The article says "Alone in the Dark" which is part 1, not 5. RTFA. LINK: and QUOTE: http://en.wikipedia.org/wiki/Alone_in_the_dark "Alone in the Dark, the original game in the series, was developed by Infogrames [Atari] and released for PC in 1992....."
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
clone has pics of MK? Please share, that is hilarious. Did you find the address that he has no problem giving out numerous times because he isn't afraid of the consequences of that?
APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
As others have pointed out, this is a bad analogy. Without passing judgment on whether or not RapidShare's conduct rose to this level, a better analogy (as much as I cringe at bringing murder into a conversation about copyright infringement) would be aiding and abetting in a murder. In copyright law, this is called secondary liability. Essentially, secondary liability requires some showing that on party has facilitated, induced, or is otherwise responsible for another parties' infringement of a copyright. The party does not have to directly infringe someone's copyright, similar to way a person aiding or abetting in a murder does not actually commit the murder.
Whether or not you agree with holding parties secondarily liable (and the DMCA has provided safe harbor mechanisms for many of the situations you probably wouldn't want service providers to be held liable), many cases have used the theory to hold parties liable that did not "originate the content" (remember Napster?).
Why do Anonymous Cowards have shit for brains? The article says "Alone in the Dark" which is part 1, not 5. RTFA.
The article does not say that. You just made it. I repeat for slower thinking people who try lie in a very stupid way: This game: http://en.wikipedia.org/wiki/Alone_in_the_Dark_(2008_video_game) is known as a "Alone in the Dark", not AitD5. You can click on a link and see a cover - no 5 there. You can try to read beginning of wiki entry "Alone in the Dark, originally known as Alone in the Dark: Near Death Investigation and informally known as Alone in the Dark 5 to avoid naming confusion," Informally. Formally it is named Alone for the Dark. Oh, maybe you simply can't read?
>>>The article does not say that
You're right. The article does NOT say it is Alone in the Dark Part 5 or AITD: Near Death Investigation. (If you think it does, then show it to me.) It simply says "Alone in the Dark" and the ONLY game that ever received that title, without numbers or subtitles, is the original. It's just like saying "Star Trek". That refers to the original, not any of the sequels. If the sequel was intended, then it would read Star Trek TNG or Star Trek DS9 not just Star Trek.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
You're right.
It wasn't so hard?
You're right. The article does NOT say it is Alone in the Dark Part 5 or AITD: Near Death Investigation. (If you think it does, then show it to me.)
Again, for slower people - 5 is informal, NDI is full title (PS3 has another). Atari uses simple "Alone in the Dark". You can check it here: http://www.atari.com/games/alone_in_the_dark/pc-download
It simply says "Alone in the Dark" and the ONLY game that ever received that title, without numbers or subtitles, is the original.
"You can click on a link and see a cover - no 5 there" - no additional title also. Also, Atari's game official website. So, sadly, there is a second game under this tile. Of course you can try lie with straight face about it. It doesn't matter. And yes, you are seriously retarded.
You are full of it.
Omploader's NS records indicate that its primary DNS server is ns1.mydyndns.org, which is owned by DynDNS, a US-based company in Manchester, NH. Of its two creators listed on its About/FAQ page, Brenden Matthews lives in Berkeley, CA and David Shakaryan lives in Glendale, CA. Omploader is operating fully within the jurisdiction of United States law. Although the datacenter hosting the site is physically located in Gunzenhausen, Germany, this fact should not create any difficulty if you actually had a valid legal case against them. Germany is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, an international agreement between countries governing copyright which requires all signatory countries to recognize copyrights from its other signatory countries.
You are libeling Omploader by calling it a criminal enterprise. You are also libeling Stephen if he has not been convicted of the charges you make, and you could also probably be found guilty of harassing him even if he has.
clone53421 is STEPHEN ALONGI
stephen alongi has stolen my personal property and redistributed it with attached calls for my murderous execution.
stephen alongi is a multiple criminal felon.
stephen alongi claims he is "waiting" for me with a ".40" behind a closed door.
why do you cower? what are you afraid of?
you're completely pathetic.
JUSTICE IS COMING.
any claim of harassment would include an admission of conspiracy to commit murder and criminal felony copyright infringement as the materials were used in the act of another crime.
cower some more, feeb.
you're completely pathetic.
One should realize that the attacks by some people (and many lawyers) upon the freedoms of others, if all were allowed to succeed, would restrict most of the free speech and idea sharing, such as in the US. It has been done before and is what places like China engage in now. Listen to them and you will hear, that there will always be "other people" who need to be restricted in what they post/transmit/say, according to the some who are bothered by it. There are too many people that for everything want to have someone else to blame. And too many lawyers who are willing (for a hefty fee) to make the attempt to stick it to the someone selected to be the scapegoat. This is a much wider problem than this one case.