Perfect 10 v RapidShare Goes Ahead Next Month in U.S Court

enigmax
April 19, 2010
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Perfect 10,
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File-hosting service RapidShare has seen its request to have the case against adult media company Perfect 10 heard under German law denied. Perfect 10 has accused RapidShare of being the biggest infringing paysite of all time and earning revenue from its content, an accusation the file-hoster denies. The case will now be heard in a U.S. District Court next month.

On 18 November 2009, adult media company Perfect 10 filed a lawsuit against cyberlocker service, RapidShare. Among other claims, Perfect 10′s lawsuit stated that RapidShare was guilty of infringing its copyrights and infringing on its trademark and publicity rights.

“The success of Perfect 10′s business is almost entirely dependent on its intellectual property rights. Therefore, the ongoing and massive infringements of Perfect 10′s rights [by Rapidshare], is devastating to, and threatens the existence of, Perfect 10′s business,” states the lawsuit.

It goes on to claim that RapidShare stores hundreds of thousands of unauthorized copyright images and billions of dollars worth of songs and movies on its servers, and enables “users from around the world to purchase virtually every pirated image, song and movie for $10 a month.”

“RapidShare also offers, without authorization, Perfect 10 DVDs and videos, including Perfect 10 Model Of The Year Video, which cost approximately $1,000,000 to produce,” notes the lawsuit, further adding that RapidShare infringes Perfect 10′s copyrights on 26,000 images and videos.

According to Perfect 10, they informed RapidShare on 29 May 2009 that it was hosting and “offering for sale” 800 specifically identified Perfect 10 images. They claim the file-hoster failed to respond to, or act on, that notification.

The California-based company called for a jury trial in the United States to settle the issue. RapidShare responded by requesting that the case be postponed and transferred to Europe and heard under German law. According to XBiz, that request has now been denied.

Last week a court confirmed that the hearing will take place in San Diego’s U.S. District Court next month, a case Perfect 10 owner Norm Zada feels he can win.

RapidShare claims that Perfect 10 has failed to inform them of the location of the infringing material on their servers. If it knew where the material was, the file-hoster said it would willingly remove it. Zada shrugs off responsibility for that work.

“It’s not my obligation or up to me to spend time finding those links. That’s not my problem. They need to stop selling what they don’t own,” he explains.

RapidShare denies that it sells Perfect 10 material and insists it functions purely as a storage site. Zada vehemently denies those claims.

“They’re not a storage locker. RapidShare is the greatest infringing paysite of all time,” he told XBiz. “They’re making $80 million a year that belongs to American studios and producers.”

TorrentFreak contacted RapidShare for their reaction to these accusations but they refused to comment.

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unknow

If 1 RapidShare down, there will be 10 RapidShares come up the next day..
Good job American!
steve

If perfect 10 didnt notify rapidshare where the content was, i.e. provided links, then rapidshare are covered under dmca safe harbour. As long as rapidshare removes the content upon notification, then perfect 10′s argument will not hold water
Typo

Have perfect actually won a case, they lost against Visa, CCBill, google and the list goes on. Just seems like a scatter gun approach to litigation in the vain hope tha eventually someone will pay them out.
Anonymous

I hate Rapidshare.
mmg1818

Rapidshare for life.
anon2

do not like and have never liked Rapidshare. however, following the stupid judgements that have been made against other filesharing sites, both of this type and torrent, i dont have much hope in them wining. everyone needs to hope that they are successful. that could perhaps start the resuming of common sense against the entertainment industries etc. the US government acknowledges that the claims of those industries are bogus and that could aid in the case. if not, it will just be another site closure and nearer to achieving the overall aim, control of the ‘net’.
Stevko

If Rapidshare can get many millions USA dollars by offering downloads for 10$ per month, why cannot companies that “own the content” do the same (by offering basically same service but with search and with official content)?
Cujo

cyberlockers lol

ok ,, whats next?
Kosta

@9 Because content production costs more than content distribution?
Anonymous

So who just went and downloaded Perfect 10 Model Of The Year Video?
Dumb Logic

So if I produce content, it is completely reasonable for me to assume that protecting such content is the obligation of the rest of the world and not mine alone? Cool.
GP

This company is retarded. “It’s not our job to find the infringing content!” If they can’t tell RS where it is, then how the fuck do they dare claim that it even exists?

@9/@11: They’ve obviously never heard of akamai or the various other CDN companies.
Trelew

It’s going to be an interesting court case. Since RS does charge a fee for a membership, it might be construed that they are making a profit on copyrighted material. Personally since P10 was adamant of having the trial in US rather than Germany, I smell a show trial in the making.

It’s pretty sad. I remember seeing a torrent for a couple of P10 editions. Thought it was interesting and a bit different than Playboy. So I bought the magazine every now and then. If it wasn’t for internet file sharing of those magazines, I would of never bought their magazine.
Nada for Zada

Perfect 10 has a reputation for suing anything and everything – including credit card companies, banks, and tech firms. It makes little difference that they routinely lose in court, because they don’t sue to win, they sue to harass.

Perfect10′s owner (and notorious filth-peddlerand overall slimeball) Norman Zada is one of the country’s biggest political contributors. Of course he doesn’t want a trial held in Germany because he hasn’t bought-out the authorities there …. yet.

Look for Norman Zada to be joining the sue-o-rama bittorrent extortion scam. It fits his ethics (or lack of) perfectly.
Titantic

They’re not a storage locker. RapidShare is the greatest infringing paysite of all time

What a bunch of losers!

Obviously Perfect 10 doesn’t know how Rapidshare operates.

They are going to lose big style. If they win then YouTube will be next. Don’t see that happening.
Trixx

i’m also not a fan of rapidshare, where you are nagged and forced to pay to get content from them. Torrents inspire sharing for free. You should’t have to pay to see a shitty copy of a crappy movie, it’s disapointing. Blah! torrents rule.
Hehehehe

by Typo

Have perfect actually won a case, they lost against Visa, CCBill, google and the list goes on. Just seems like a scatter gun approach to litigation in the vain hope tha eventually someone will pay them out.

It’s for publicity, so that people actually buy their cr@p to see what the fuss is about.
Trelew

@12

I haven’t been able to find it on the couple of adult torrent sites. Despite it being a pretty adult mag, it really hasn’t generated much attention with torrents.
Anon

““It’s not my obligation or up to me to spend time finding those links. That’s not my problem. They need to stop selling what they don’t own,” he explains.”

Someone should study the safe harbors offered under US law. One should not be able to bring a case when they are clearly admitting that they do not care what the law says, but rather what they think is right.
Anonymous

Some background on this sue-monger

http://overlawyered.com/2004/11/imperfect-lawsuits-perfect-10-v-google-and-visa-and/
nuker

but isn’t it perfectly legal to upload copyrighted material to rapidshare that you legal own as long as you don’t post/share the download links.

funny tho that perfect 10 claim that link to thier crap is there but won’t tell RS where so they can remove em
Anonymous

RapidShare aren’t an American company. Their servers aren’t in America. So, of course, it comes under American jurisdiction.

If it’s happening on planet Earth, it’s under American jurisdiction.
sharadh

In all the things that is going on,rapidshare is the real winner…no private tracker,public tracker,file-hosting has made money as rapidshare …tats for sure…80 million $,omg…
anonymous

@#21. interesting point made by Visa and Mastercard:

Then Perfect 10 took on credit card companies Visa and MasterCard. The credit card companies noted that they processed millions of transactions a day, and could not do so economically if they had to be responsible for enforcing property rights of third parties, and compared it to a company “send[ing] a notice to the electric company supplying power to people infringing its rights and say ’shut them off.’” The Northern District of California threw those cases out.

wonder why the courts haven’t thrown out similar expectations from the entertainment industry over the responsibilities of ISPs?
Anonymous

@4

If you’re too cheap to get a premium account, you realize you could get one by uploading stuff and getting points, right? lol
DWPareWatching

/quote
Someone should study the safe harbors offered under US law. One should not be able to bring a case when they are clearly admitting that they do not care what the law says, but rather what they think is right.
/qoute/

You mean like Pirates ignore copyright law and steal content because they think it is right?
MAFIAA

If one rapidshare goes down the others will be easier to deal with
Anonymous

what happens if *since rapidshare isnt a us company* if they dont show up to court. they cant shut them down since they are across the pond can they?
Ninja

“They’re making $80 million a year that belongs to American studios and producers.” – Proof.

Rapidshare earns because it offers a good service (hopefully, I haven’t been using RS for a while now). If their services are used for copyrighted material that’s another story. And they have a good DMCA policy. Stop whining…

We know MAFIAA and merry friends want control over the internet so nothing will surprise me anymore lol.
MAFIAA

“RapidShare responded by requesting that the case be postponed and transferred to Europe and heard under German law.”
Zing Diggs

Yeah buddy, in come the bottom feeding, blood sucking attorneys. there is a gravy train to ride!

Zing
Hom3r

let rapidshit die.
Brandon

Perfect10=Fail… Hey Perfect10 Nobody wants to pay for your porn when there are 1000′s of site that offer it for free…
anonymous

another case of ‘i want you to remove my content from your web site. i dont know if it is there or where it is, but you have to find it. as long as it doesn’t cost me anything and is done by yesterday, thats ok. you have also got to personally download every file, check it for me then delete what i say, again at your expense.’

this all sounds extremely familiar!!
Thraprod

Yeah, not a fan of this here. I have never liked RS, BUT:

You can’t just say “We’re suing you because you MIGHT have our stuff on your servers. Furthermore, we’re claiming you didn’t remove them when we asked, but we don’t know where they were to check if you really didn’t.”

Add on top of that they are suing a German company in a US Court. I want to know just WHO denied RS’s request to move it to Europe, and what gives them the authority to deny that claim. If I were RS, I think I might complain to the German government that the US government was doing this.

What’s more, surely Perfect 10′s legal past and their shotgun tactics should factor in.

Finally, as with the Pirate Bay, who’s to say that RapidShare even needs to show up for this nonsense? “Oh no, the US court claims we owe some moron a bunch of money. Who cares? The US has no authority over us to enforce it.” Granted, that might result in a poor public reaction/image for RS.
O

lol, i find only 1 “Perfect 10″ torrent :)
Jay

This is going to be a sexy trial. It’s not every day you get to sit in a court with an erection as you look at “exxxibit A”

Rawr.
Utah Jones — Black Swan Social Media, Inc.

@27

If you managed to get your head out of your ass for five seconds, I think what you’d find is that very few ‘Pirates’ are so self-righteous as to actually CARE whether or not what they’re doing falls in to the realm of morality at all. I think you’ll instead find is that he majority of ‘Pirates’ (largely but not always) belong to one of three camps: 1) The Fuck You It’s Free camp, 2) The Your Old Business Model Is Slow And Inconvenient camp, and finally 3) The Well They’re Already Accusing Me Of Being A Criminal So It Makes No Difference camp.

If the labels and industries approached camp #2 and stop demonizing camp #3 with a business model that wasn’t spawned in the Dark Ages, you’d find that a significant chunk of ‘Pirates’ would ‘steal’ much less. Quite frankly, if you’re unwilling to adapt and evolve in to the twenty-first century– a century which has been the present for a roughly decade now– then it’s time for you lovely old Dinosaurs of the industry to STFU and donate yourselves to a museum.
Anonymous

“They’re making $80 million a year that belongs to American studios and producers.”

Heh. All of the material originates from USA? Sure. Arrogance and ignorance of Americans just keeps rising to new levels. Including the comments about not bothering to point where the infringing material is.

Not that I am a fan of RapidShare. In fact, I dislike them, but I hate Americans more. How exactly does a San Diego court have jurisdiction in this case?
Yellow Sheild

“It’s not my obligation or up to me to spend time finding those links. That’s not my problem. They need to stop selling what they don’t own,”

Uhh is this guy a dumb ****? He could have just asked to have it taken down.

I call flop on this case. You go Rapid Share!
dixon

just because rapidshare is in germany doesn’t mean they are above U.S. laws.

Because the site is available in the U.S. it falls under their jurisdiction for regulation. EX: Google and China
darrenkong

@40
You obviously have no clue how rapidshare works. Even if files are taken down, someone will reupload.

they do not monitor files which is why terrorists and pedophiles use it
erahsdipar

@41: Where did /that/ logic come from?

As far as I know Germany isn’t part of the USA yet. Only if a German law is violated, Imperfect 10 will have a base for court, but only according to the game rules of German law.
Rob

“Heh. All of the material originates from USA? Sure. Arrogance and ignorance of Americans just keeps rising to new levels. Including the comments about not bothering to point where the infringing material is.”

Yes, let’s see them show proof of that right now!
oh that’s right, they can’t!
that’s why they are suing them
Olly Newport

RapidShare is a load of shit anyway. I don’t understand how whole websites can revolve around a slow, and horrid website.

I want to download a 120mb file from RapidShare.

-Wait on a pointless 80 second screen.
-Be told you need to wait another 4 minutes due to the special ‘premium users’.
-Refresh

-Wait on a pointless 80 second screen.
-Be told you need to wait another 4 minutes due to the special ‘premium users’.
-Download at a crippled speed.

Viva’ la Mediafire!
Anonymous

41 here has no idea how shit works.
nuker

rapidshare is a based is Switzerland
but some of their servers are in Germany.
they are only required to follow EU and swis laws. US laws do not apply them regardless if rapidshare can be accessed there.

@41 under you logic the US would sued daily for all the laws it greedy co operations break there and in other countries on a daily basic
TerribleTony

Wow. 1 million dollars! They must be the best paid porn stars in the industry!
Rboy

This porno craphead is stupid. Rapidshare does not index nor share or sell or advertise links. There is nothing illegal about uploading copywrited stuff to a repository.

The only parties with any possible liability are sites where the links and copywrited soft and the uploader if he/she publishes the links but this di#khead is sueing the wrong party.
Yankee Doodle

Visitors by Country for Rapidshare.com

Country Percent of Site Traffic
United States 8.5%
India 8.4%
Iran 5.1%
Mexico 5.0%
Brazil 4.5%
Germany 4.4%
Egypt 4.1%
Turkey 4.0%
Russia 3.4%
Indonesia 3.2%

http://www.alexa.com/siteinfo/rapidshare.com
Yankee Doodle

Upstream Sites
Which sites did users visit immediately preceding rapidshare.com?

% of Unique Visits Upstream Site
3.33% taringa.net
2.81% megaupload.com
2.44% filestube.com
2.22% google.com
2.09% hotfile.com
1.99% facebook.com
1.52% youtube.com
1.11% ineedfile.com
1.11% yahoo.com
0.93% multiupload.com

Downstream Sites
Where do visitors go after leaving rapidshare.com?

% of Unique Visits Downstream Site
3.95% google.com
2.96% megaupload.com
2.88% facebook.com
2.47% taringa.net
2.33% hotfile.com
1.96% youtube.com
1.49% filestube.com
1.48% yahoo.com
1.16% google.com.tr
0.92% mediafire.com

http://www.alexa.com/siteinfo/rapidshare.com
e_mule

“I honestly couldn’t care less about Usenet sites and what happens to them. They make money off free content and are parasites.”

“I honestly couldn’t care less about Kazaa and what happens to it, only noobs use it.”

“I honestly couldn’t care less about Rapidshare and what happens to it, it sucks.”

“I honestly couldn’t care less about those public torrent sites that were taken down, only noobs use public sites.”

“I honestly couldn’t care less about those private torrent sites that got raided, they were all a bunch of arrogant snobs.”

…

“Hey, where’d all the good stuff go? How come there’s nothing left to download?”
e_mul_e

“I honestly couldn’t care less about Usenet sites and what happens to them. They make money off free content and are parasites.”

“I honestly couldn’t care less about Kazaa and what happens to it, only noobs use it.”

“I honestly couldn’t care less about Rapidshare and what happens to it, it sucks.”

“I honestly couldn’t care less about those public torrent sites that were taken down, only noobs use public sites.”

“I honestly couldn’t care less about those private torrent sites that got raided, they were all a bunch of arrogant snobs.”

…

“Hey, where’d all the good stuff go? How come there’s nothing left to download?”
Black Swan Social Media, Inc.

@52

See: Magnet Links. And when those fail, there’ll be something else to replace them, and so on, and so forth. As long as information can be passed between two people, people will be able to pass any information they want.
Schroder

Sure, but what’s the weakest link in the Black Swan theory, or the Attention Economy for that matter?

The problems of “Too Big To Fail” are related to the concept of moral hazards. Because of society’s implicit guarantee of their survival, firms considered “too big to fail” have more incentive to take positions with high-risk, high-reward positions, since rewards would accrue to their directors and shareholders, while catastrophic losses would be borne by taxpayers.
lol

Rapidshare is shite it always has been shit why give rs 10 bux a month when you can get newsgroups a much better service for 11
e_m_ul_e_

52 was supposed to be a call to action to stand up to the bullies, not to be taken seriously, meaning pay attention and just be cause you don’t use it doesn’t mean that you won’t be neXt. When your the last one standing whose going to help you? Therefor even though you don’t use such whatever service doesn’t mean that you shouldn’t pay attention and help others.
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penny

Relationship with advertising

“Attention economics” today is primarily concerned with the problem of getting consumers to consume advertising.

Traditional media advertisers followed a model that suggested consumers went through a linear process they called AIDA – Attention, Interest, Desire and Action.

Attention is therefore a major and the first stage in the process of converting non-consumers. Since the cost to transmit advertising to consumers is now sufficiently low that more ads can be transmitted to a consumer than the consumer can process, the consumer’s attention becomes the scarce resource to be allocated.
[
Intangibles

According to digital culture expert Kevin Kelly, the modern attention economy is increasingly one where the consumer product costs nothing to reproduce and the problem facing the supplier of the product lies in adding valuable intangibles that can not be reproduced at any cost. He identifies these intangibles as:

Immediacy – priority access, immediate delivery

Personalization – tailored just for you

Interpretation – support and guidance

Authenticity – how can you be sure it is the real thing?

Accessibility – wherever, whenever

Embodiment – books, live music

Patronage – “paying simply because it feels good”, e.g. Radiohead

Findability – “When there are millions of books, millions of songs, millions of films, millions of applications, millions of everything requesting our attention — and most of it free — being found is valuable.”

http://en.wikipedia.org/wiki/Attention_economy
Gargamel

“They’re making $80 million a year”
-
Good riddance you fuking parasites.
Dyygn4Life

I believe all public files hosting sites should monitor their content, whether it be a tracker, ftp, or http host.

Places like photobucket and youtube should not have to monitor their own content because of privacy since it is not anonymous.
shell

@5 paying to not pay for content, great idea bro.
shell

@7 They don’t have enough content, and they are greedy. Not to mention things like that exist, like netflix.
Lucky Man

Dear World,
everyone go ahead make your own file sharing websites and make sure to to get encryption server and tools that anti-privacy is hard to identiy your ip address n server so keep creating everyday so maybe we can win it.
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WaWaWa

no ones gunna miss rapidshite
Holly

I <3 rapidshare. Never once has rapidshare let me down, but these companies let me down frequently.
Freeleech

@63 Apr 20, 2010 at 05:45 by WaWaWa
“no ones gunna miss rapidshite”

I concur. Who needs non-P2P filesharing in XXI century?
Pingback: Filehoster Rapidshare muss in den USA vor Gericht « petanews
Anonymous

@61, shell

Netflix is pathetic. This is coming from a person who has used their service for a few months. Half of the movies they can send in the mail as physical discs are [purposely] not available through the streaming service.

Take all the movie content that is available through BitTorrent, set it on fire, remove it’s extremities, let the crows peck at it for a week, and you will be left with something of approximately the same quality as Netflix’ streaming service. Gimped, disappointing, and not much fun to look at…
z

Torrentfreak should not write about Rapidshare, because you guys have lost all of the credibility in the area. Your few last messages about them were ridiculously untrue, which you have admitted later, but the disturbance on the net had been left.
Hahaha

but please do explain what you mean by ‘disturbance’ and how it affected your business.
Theranos

Let’s be perfectly honest, Rapidshare is one of the best when it comes to IP infringing content. This won’t come to any fruition. It’ll probably be thrown out before the court case.
Anonymous

If I use my FTP folder to share files with friends what is the difference with RapidShare?
Guy at starbucks

Really? This is so sad. RapidShare is a free site with paid access to content, if you want. I doubt Perfect 10′s layers have ever spent a moment on RapidShare. If they have, once, I’m pretty sure they just read “pay” and thought it was a paid site. This shit if retarted. I’m going back to drinking my tea. Nom!
neostyles

So it’s up to rights holders to track down all file lockers that are hosting their content and the actual lockers themselves have no responsibility in ensuring that their services aren’t used illegally? That’s basically blaming someone for being stolen from. It’s almost like saying “you didn’t install a steel reinforced door and bullet proof windows, so it’s your’re fault if you were burglarized.” The fact is that Raqpidshare does host a lot of copyrighted content. Rights holders shouldn’t have to bear the burden of tracking down every link, because they are neither the only who uploaded it or the one who is hosting it. Rapidshare is bound by copyright laws and is obligated to uphold them. It’s like telling someone “If you don’t tell me exactly what I stole, then I will be free to keep on stealing from you.” People are entitled to have the rights to their own work. Rapidshare are in position to put safeguards into place for preventing their services from being used to host copyrighted material. Obviously, they could create a filter with names of copyrighted content. But then they wouldn’t be able to earn millions off of other people’s work.
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Anonymous

Rapidshare needs to die! Everyone hates it!
TheyAreSmarterThanJoo

@71, neostyles

A content filter will do very little to stop people from sharing data using cyberlockers. It may however force users to become even craftier and harder to stop in the long run. I think rapidshare realizes what a futile effort it would be even if they were forced by law to do it. Just a lot of busy work for no return. By being the oldest and most well known of the cyberlockers, they are already being abandoned by most file sharers for newer sites who may not necessarily be in the MAFIAA’s crosshairs yet. The best thing rapidshare could do is close up shop and start anew every year or so under a different corporation and domain name. Being the “biggest and most popular” is actually a detriment to any cyberlocker or file hosting company so long as the industry is still funding their “war on content”.

Naming conventions on rapidshisse are already trending towards nonsense and gibberish for file names because uploaders are weary of sites such as rapidlibrary.com which are making the content industries’ job of finding the content to order takedowns a little too easy for most of rapidshare’s premium user’s liking.

X-M3n 0r161n5: W01v3rin3.avi
Tr0p1c Thund3r.avi
Th3 L053rs-C4M.xV1d.rar
K1ck-A55.avi

These and many other similar naming conventions completely bypass the currently available rapidshare search engines when looking for those movie titles, however that doesn’t mean the content isn’t still there just because a search turns up few or no results when inputting a movie title. And what is a content filter but a search engine with the power to automatically remove content using the flagged strings? Even if they use hash checks to identify a targeted release, all it takes is for someone who downloaded the original release to repack it. The resulting archive will have a different hash than the original release that was being filtered. File size checks can easily be defeated by placing a 1KB .txt file in the archive or using a different level of compression than the original release did.

I don’t think it will be long before cyberlocker users universally name uploads a random string of characters and password protect the archives with a random string password while giving the upload and erroneous or no title. Then if a takedown is noted on one of their releases, it will become apparent that there is a shill amongst the users of the forum or newsgroup where the links/passwords for the archives are being exchanged and action can be taken to eliminate the “leak”.

Anti-Piracy is merely paving the road to the creation of the darknets of internet legend, and in the meantime, creating a need for privatized communities from which users can share data of any kind with impunity and anonymity, regardless of whether the data is copyrighted, illegal/contraband or public domain.

You say “But then they wouldn’t be able to earn millions off of other people’s work.” in regards to rapidshare, but the irony is that this is exactly what the content industries paying your salary are trying to protect their own right to do.
Hello there

Loving the freetards who vilify Rapidshare for using a revenue-source other than ads to finance their provision of bandwidth.

P2P has its strengths, but file-lockers also have strengths, just different ones. Sure, the future’s in decentralised networks, but lockers will remain useful in the near-future.

Here’s hoping this case gets thrown out quickly… or that RS don’t even turn up to the hearing.
MAFIAA

@75

We talk to the creators and do business with them. Rapidshare does not.
Alright

#74
Yeah, thats why they make that much of it.

I for one, love rapidshare.

Yes! I could use bit-torrent, its free .. and unfortunately fucking slow too.

I pay the $10 a month for the speeds, not the access. (~18mb/s)
Non-stop

Thanks for the description. If you wish quickly to find and download free of charge the software necessary for you
then I can recommend the following site is http://www.usemeplz.com
Eric

well Rapidsharemovies site that was there the last year or so seems to have vanished now. not sure if thats connected

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Perfect 10 v RapidShare Goes Ahead Next Month in U.S Court

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