German Court Rules Rapidshare Is Legal, But Must Adjust Content Policies
New submitter loosescrews writes "Online file locker Rapidshare is legal in Germany, but has to adjust its policy regarding infringing content, the Higher Regional Court in Hamburg has ruled. Rapidshare plans to appeal. Rapidshare was sued by the German copyright organization Gema which represents 64.000 copyright holders. After reading the verdict, both parties claim they are victorious."
It would have been nice if the summary had described the "adjustment" that Rapidshare is being required to make:
The copyright organisation had asked the court to order Rapidshare to scan files during the upload process, but the court took another approach, ruling that Rapidshare must actively monitor incoming links from external sites to the files it hosts and take down any illegal files thus identified.
I.e., if a warez site links to a Rapidshare file, then Rapidshare will deactivate the file.
Amusingly enough, Rapidshare already did this, which is why warez sites typically don't allow posting clickable links. Non-clickable link = you have to copy and paste = no HTTP referer = Rapidshare is none the wiser.
Why is it okay for Rapidshare to make money off copyrighted content but not the creators? As some one that lives off copyrighted content why do they have more rights than I do? I spend years creating the content that they casually hand off to anyone with a computer. My creditors would point out that I'm far from rich yet the owners of Rapidshare make serious money off copyright holders. Take away the profits and the creators will vanish. I couldn't care less about the distributors I'm talking about the creators. As a creator I'll tell you now if you give all the profits to groups like Rapidshare then there will be no new content. They aren't the heroes it's the content creators who have been screwed over by the distributors who paid them $0.10 on the $1 and now the file sharing services that pay zero cents on the dollar!. Support the artists and screw the corporate lackies including Rapidshare!
If they keep taking down files due to copyright violations, and those files are referred from particular websites, then they need to examine other files linked to from those websites.
Making them cut and paste defeats the referrer as you say, but Rapidshare also kill accounts that have multiple violations against them and don't let an anonymous account be used for more than 10 downloads.
IMHO, Rapidshare do their best to tackle the problem, and this extra requirement won't stress them particularly.
No suggestion of fake accounts, paying people you know are pirating stuff, taking down single links while keeping the content active using the fake accounts, etc,. Nothing like the MegaUpload case. I'm surprised they went for such case.
"Both parties claim they are victorious"
Nice, a "win-win" verdict.
Great idea, tell the creators to offer the same deal as Rapidshare so that they can make money too. A workable business plan! (Not a joke at all.) I'm sure they will be delighted to hear of it.
Very insightful of you to spot that. Now go talk to the creators and help them understand how to make money. Unfortunately you'll have more success talking to a brick wall, because they insist on keeping prices so high that they're out of reach, and so they make no money whereas Rapidshare does. It's entirely their choice, and their problem, one of unrealistic expectations.
is this pasted from another discussion?
"No shipping browser currently supports this"...
Are you sure about that?
Support for the "noreferrer" option was added to Chromium in 2009.
Those who can make you believe absurdities can make you commit atrocities. - Voltaire
treading that sweet line between 'carrier' and 'facilitator'. Technically there is little difference but legally one is cause for international police cooperation to take you down and one is a legitment business model.
I hate paying freeloaders too but studio executives appear to be a necessary evil these days.
Only 64.000 copyright holders? That's a small special interest group.
It costs millions to produce pornography?
It's all about money. If you know how to "pay" some people then your business is legal.
Recipes for USA bankrupt - http://tinypaste.com/0d66f dd = dollar deluge (printed in the infinity)