Court Says RapidShare Not Required to Filter Uploads

CHAM — RapidShare AG has announced that it has won its appeal against Capelight Pictures in the Court of Appeals in Düsseldorf, Germany.

According to RapidShare, Capelight had previously obtained a preliminary injunction against the file hosting company in Düsseldorf's district court, preventing RapidShare from hosting certain movies its clients had uploaded and raising the specter of invasive content screening and approval methods.

The Appellate Court this week reversed the lower court's order, signaling a victory for the file hosting service, which some critics point to as a major contributor to Internet piracy, due to its allowance of easy, anonymous file uploading and sharing without any review of the material's content or copyright status.

"We are very happy about the judgment," RapidShare founder Christian Schmid stated. "The court has confirmed that RapidShare is not responsible for the contents of files uploaded by its users."

The Court of Appeals determined that since RapidShare does not control access to the files (which the user uploading the file can keep private or share at will), it is not liable for the distribution of those files.

The court also criticized proposed piracy mitigation mechanisms as being ineffective, further bolstering its reversal decision. For example, filename filters create excessive false positives, particularly since those who are uploading them often rename these files. Filtering based on file type is not effectively usable since the file type does not reflect the content's ownership; while proxy servers and shared IP addresses make such discrimination attempts over-broad.

For its part, RapidShare sees the move as a vindication of its operations and an acknowledgement of the service's legitimate uses, such as creating online data backups.

"The judgment shows that attempts to denounce our business model as illegal will not be successful in the long run," Schmid added. "With its [one]-click-filehosting model, RapidShare responds to legitimate interests of its users and will continue to do so in the future."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

Show More