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US Court: RapidShare Not Guilty of Copyright Infringement

The popular file-hosting service RapidShare is not guilty of copyright infringement, the United States District Court of California has ruled. The ruling is an important victory for RapidShare, which has been increasingly targeted by the entertainment industries.

rapidshareLast year, adult media company Perfect 10 filed a lawsuit against the leading file-hosting service, RapidShare. Among other claims, Perfect 10’s lawsuit stated that RapidShare was guilty of infringing the copyrights of many of its images.

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. This request was denied last month and the case went ahead in the United States.

This week the District Court of California rejected Perfect 10′s request for a temporary injunction. The Court stated in its ruling that as a file-hosting company, RapidShare cannot be accused of any copyright infringements. The ruling is a significant victory for RapidShare and the case sets an important precedent in the United States.

“The view that RapidShare does not promote any infringements of copyright, unlike other file-hosts, appears to be gradually catching on,” Christian Schmid, founder of RapidShare said.

“It is a milestone for us that this is also happening in the US. We are happy that the court in California has not bought into the odd line of argument put forward by Perfect 10 and we look forward to increasingly emphasize the major difference between RapidShare and illegal share-hosts,” Schmid added.

For Rapidshare this is the second high profile legal victory this month. Earlier, a German Court of Appeal overturned an earlier verdict in the case against the movie rental company Capelight Pictures. In the verdict it stated that RapidShare is not liable for acts of copyright infringement committed by its users.

It is not entirely clear what Schmid means by “illegal share-hosts” in his comment, but we assume that he refers to sites that encourage copyright infringement. The company previously said it would distance itself from other file-hosters that try to win the favor of those users that upload and distribute copyrighted content.

RapidShare itself does all it can to avoid such claims and is hoping to convert pirates into paying customers. Instead of simply removing pages where copyrighted material can be downloaded, RapidShare would like to redirect users to an online store where the same content can be bought legally.

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  • w0rd

    A rare US win for sure. Maybe the *AA didn’t know about this one in time to bribe someone. :)

  • LordAleaping

    load of tosh.

  • gorehound

    Good news.
    Going Down Hollywood ? The War you wanted is on

  • dixon

    very surprising that the state of the entertainment industry would rule this way.

    Rapidshare absolutely supports and encourages piracy. They could ban users who upload pirated content, but they don’t because they know their service is worthless without piracy.

    Rapidshare’s pay 2 leech model is invincible.

  • Anonymous

    Appeal time :(

  • Pingback: Tribunal de EE.UU.: RapidShare no es culpable de violación de copyright [eng]

  • Canadian Pirate 4 Life

    I’m happy Rapidshare won, but what’s with the redirecting to pay for content? The whole reason I use Rapidshare is for the “FREE” content. If you make us pay for it, the majority of us will find it somewhere else for free. Stay strong Rapidshare! Don’t be foolish. Be honest…do you know of anyone that still uses Mininova since they changed to non-copyright material?

  • meh

    this is just stupid.

    Here we have this service that actually has illegal files on their harddrives uploaded by (sometimes?) paying customers and they are considered to be in the clear.

    But when it comes to bittorrent, which as we all know doesn’t contain anything other than checksums – then is all the jailtime, deathrow and insane fines.

  • Jay

    I have to agree with #7, it is a bit strange that Rapidshare gets off scott-free WHEN IT STORES THE FILES ON ITS SERVERS, and bittorrent is the most evil thing on Earth because it simply ‘points’ to the infringing material.

    I don’t get it.

  • us congress
  • WhatAKookie idea…

    That’s a GREAT idea!!! Everyone should sue every torrent site out there and lame up the court case so bad that the torrent site just HAS to win and set precedent EVERYWHERE. Sue The Pirate Bay in Canada and complain that they are allowing babies and puppies the ability to download pirate files. Sue them in the states for copy write infringement of a picture of your aunt bessie or movies of uncle charlie licking himself. Beat the Anti-Pirate guys at their own game, and before they do.
    Could it work?!?!?

  • Turbis

    They can’t really do anything about rapidshare since they actually DO delete copyrighted material that is reported.

  • Acce

    I paid for rapidshare for one year! The ONLY reason why I did it, was because it was WAY faster then torrents. Rapidshare and bittorrent and other protocols of file sharing have to promote the ”legit” use of their technologies in order to make it legal or moral. They’ll delete a few files in order to satisfy the law, but since you can re-add the file, it’s useless. They’ll tell you to buy real files, but we all know that nobody will do that! If we wanted to do so, we would not be using rapidshare or torrents!

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  • QuadSlacker1313

    None of this will be worth a hill of beans once ACTA goes into effect.

    Nonetheless, a somewhat surprising ruling.

  • shell

    @9
    There goes US government poking their greedy noses into OTHER countries business. The rest of the world can take care of them self just fine LEAVE THEM ALONE.

  • Anonymous

    Confusing! I guess if the site deletes one or two files a day then it’s ok.

  • Anonymous

    I think this has to do with the liberal agenda of california and individual rights more than pressure from the entertainment industry. America isn’t socialist and limits its gov so we can download everything we want and toss our warnings away.

  • Rapidshare party pooper

    Oh, well. Better luck next time US court. I was really hoping i’d being throwing a big going away party for rapidshare and it’s thieving cohorts.

  • DanielRemains

    Agreed with number 7 too. Bunch of asses. On top of that you NEED to pay RapidShare if you want a multiple links download in less than a month. Maybe that’s why RS won? They have more money to defend themselves?

    I hate RS, but good news for other file-hosting sites that are worth it. More chances that they will win now.

  • TPBGirl

    Overall it is a WIN for us! Congrats to Rapidshare! I bet Hollyood is is steaming mad & PISSED. lol

  • Brandon

    Yeh “illegal share-hosts” ??? EVERYTHING on Rapidshare is illegal. WTF are they talking about. I think its pretty funny, Epic WIN!!!

  • Anonymous

    it is not always possible to bribe the court or the jury.

    May be the corporation of parasites are finally running out of money?

  • Ralonto

    US Court: RapidShare Not Guilty of Copyright Infringement

    US Court: RapidShare Not Guilty

    US Court

    __

    What?

  • NoCanDo

    You must be shitting me, right?

    Rapidshare is NOT GUILTY of copyright infringement while they actually offer PHYSICAL space to store all the copyright infringing material?

    Whereas for example The Pirate Bay does not offer any physical space but is only a database TO infringing materials.

    Faillogic is uberfail.

  • *D

    @Acce: you’d have to pay me to pay for rapidshare :P
    it’s the worst hoster ever. ever. ever.

    oh and ‘grats to RS of course
    you still suck big time though :P

  • internet

    Finally, some words for non-internet loving companies: This is how it works. Whatever you sink, we build back up. Whomever you sue, ten new pirates are recruited. Wherever you go, we are already ahead of you. You are the past and the forgotten, we are the internet and the future.

    y’arr!

  • Mr.Smith

    I agree with the courts, win for rapidshare!

  • steve

    goes to show, that if you follow DMCA regulations then you are safe…if you have filtering technology too…then bomb proof

  • Mr.Smith

    Wow a lot of anti-knowledge/pirate people on here talking smack about rapidshare, tell me scum how does it make you feel when I download your stuff just because I can? Knowledge should not have any kind of price tag, and when the new wave of spiritual awakening comes along you will be the 1st ones to wither away and die like the greedy pigs you are. Money is an illusion, there is only truth.

  • AnarchyNow

    So TPB are guilty of advocating “piracy” while hosting ZERO files, and these money-whinners of rabbidshit, they’re “innocent”????
    C’mon, rabbidshit hosting is 99% “piracy”, I don’t know why anybody would use such a bad “service” if it wasn’t for “pirated”/”illegal” things, and they do make money on it too. And without all the “pirates” who feed them, they wouldn’t make a dime anyway.

    Besides, how many times will I have to repeat : DMCA is clearly breaking the 1st amendment and it cannot apply anywhere except in the worse than nazi u$a.

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  • Bpy6

    F**k the court systems! Torrent trackers and indexers are constantly ruled guilty, while not hosting anything, and rapidshare gets away while it hosts LOADS of copyrighted material.
    I’m not complaining about rapidshare, It’s good they won, but this clearly shows the court systems are fckd up

  • Pingback: Tribunal de EEUU: RapidShare no es culpable de violación de copyright [eng] | Noticias HMX

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  • public

    Long live USA !!!
    —————————
    Checkout my 4 Private pics ,, i’m 18 btw ;)
    h ttp://adf .ly/2Rlb

    ReMove spAces

  • markk

    great win for file hosting sites, used to be on rapidshare premium but switched to megaupload after getting fed up with the daily download restrictions.

  • Jimmy Doo

    Wow, its about time the kangaroo courts got it right! Nice.

  • Alex

    I’m not an American, but now I can see that US got a much better judicial system than Swedish.

    I have no idea that Swedish is a very corrupt country.

  • linchpin

    They HOST pirated stuff. People PAY to download more and faster. And they are completely INNOCENT?!

    Is this a joke? TPB does not host, nor they require payment and they are 100% guilty… yeah.

  • David M

    @5 I’m not sure a “not guilty” jury decision can be appealed.

  • BadMoJo

    Put your torrent files on Rapidshare now.

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  • Torin050

    Rapidshare sucks, bloody traitors aswell. They used the filesharing community to get big, now they want to try molding that same community into what the MAFIAA wants. Screw Rapidshare, Mega Upload and Filehost are still around. It’s not about being paying customers, it’s about getting the industry to change the way it operates, but obliviously they’re not interested in that. It’s a shame Rapidshare won. :) kthxbai.

  • Rs

    Rapidshare plays it very smart, they say they remove pirated content and pirates and do whatever to stop it. But at the same time they know very well that not everything can be removed and that almost nobody uploads legal content 100+MB on rapidshare

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  • Anonymous

    I think Rapidshare is pretty cool guy. eh lets us download what we want and doesn’t afraid of anything.

  • Kman

    I’ve been using rapidshare for years, worth every penny, get better speeds than anything out there. Love the broke-ass rapidshare haters on here, you clearly don’t know what you’re talking about.

    Rapidshare host files, but it’s impossible for them to know what the files are until a complaint is made by an organisation, it’s a legitimate service, they clearly don’t condone piracy, it’s in the terms and conditions, they go after the uploaders and close their accounts, umm what more can they do without invading the privacy of all their customers? Remember rapidshare is based in Switzerland where the rule of law still applies. The moron above who said they got big because of file-sharing is an idiot, one question for you, how?

  • Dano

    ‘RapidShare would like to redirect users to an online store where the same content can be bought legally.’

    Thats the way forward but the prices have to be fair

  • Anonymous

    hmm

    “Rapidshare host files, but it’s impossible for them to know what the files are until a complaint is made by an organisation”

    then how on earth can they… “redirect users to an online store where the same content can be bought legally.”

    i smell bullshit

    any half decent legal team should be able to use this as a precedent, they are absolutely “profiting financially for monetary gain”, and not from carrying ads (which most sensible people don’t see anyway thanks to adblock etc), but from users and infringing files

    of course this will no doubt be appealed and appealed and appealed until they are judged responsible

  • Kaptain Krunch

    Wow this is a surprise verdict. I was beginning to believe that the courts of the land were completely corrupt. I guess maybe they aren’t!

    I bet the CEO for Time Warner is secretly celebrating this verdict by sending pirated copies of Avatar to his kids via Rapidshare.

  • Full Sails

    @43,

    They know once it is reported by a copyright holder and not a second before. It’s not until after they receive a take down request that those “legal alternative” redirects are enabled for that file. Beforehand, if you click the link, it just gives you the file you wanted instead of some MAFIAA sales page. So you see, it’s the notification that instigates any file being flagged, taken down and a redirect placed there. This leaves the host protected under safe harbor until the request is filed, and is only lost if the request is not honored by the host.

    Also, IIRC, they cannot appeal a verdict of not guilty in US civil court. You appeal a guilty verdict or an injunction, not the other way around. The only way to doubly try someone for the same crime is first via criminal court, then a second time in civil court. Even if they were found not guilty in a criminal trial they may be found guilty of the same crime in civil court. Since this isn’t even a crime, civil court is their one chance to win this case and they lost.

    “The prohibition against double jeopardy applies only to criminal trials. The corresponding concept in civil litigation is res judicata: one can have only one trial for claims arising from one transaction or occurrence.”

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  • 24235426

    People need to stop comparing this to torrents, its totally different. With rapidshare all copyright holders need to do is send a simple takedown notice which removes content immediately. Torrents, this option is not available, once its torrented its unstoppable :)

  • 24235426

    People need to stop comparing this to torrents, its totally different. With rapidshare all copyright holders need to do is send a simple takedown notice which removes content immediately. Torrents, this option is not available, once its torrented its unstoppable :)

  • Pingback: RapidShare Cleared of Wrongdoing in Copyright Case : Test Drive

  • Anonymous

    RapidShare sucks anyway

  • an anon

    Why I love the USA…

    Democracy is working at least 25% of the time. Sorry Eurofags, you might hate us, but our ISPs aren’t giving us up, and our judges like free music & movies too.

  • warren

    Proof of a dilemma, companies charging far too much for their products for individual use, piracy seems more like a collective where each member volunteers to take his turn to purchase unafforedable goods to share in a community of poor. Where some companies charge a fortune for meagre software and others counter by offering open source for similar products. Nobody wins.Rapidshare is a symptom of a far more fundamental underlying problem. Perhaps there are now 2 classes of people in our society, those who can afford copyright products and those who cannot. I refer you all to industrialise Britain in the time of Charles Dickens. Seems like some social adjustment is necessary in our post-modernist world.

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  • Mr. Goobers splooged in the fruit punch!

    @ 49 an anon

    Seriously, where’s the “let’s bash and blame America for every evil” Euro-trash crowd?

    Bunch of morons. They download 99% of Hollywood’s garbage, yet they “hate” America so much.

    Fvcking idiots.

  • The Infringed Upon

    Wow,,,thieves in support of sleaze, good thing we’re all mortal and only have a short time here, cause this society is headed towards some bad apocalyptic movie. Just don’t count your chickens so fast, the Supreme Court of the US has a totally different take on it (Playboy v Freina), so consider the fact that we’re talking California here,,,

  • The Rewritten Statement

    Wow,,,shills in support of whoever pays them, good thing we’re all pirates and they only have a short time here, cause this copyright circus is headed towards some bad retard apocalypse movie. Just don’t give up on file sharing so fast, the Kangaroo Court of the US has a totally different take on it (MAFIAA v Freedom), so consider the fact that we’re talking the one state where Hollywood owns everything, including the courts, here,,,

  • Borderliner

    Gotta agree with 47, the problem is not the actual hosting but the distribution. Even when a .torrent gets removed from the listing (first problem: how many torrenthosters actually remove .torrents?) it still works through the open trackers (second problem: do any of the public trackers offer hash blacklisting? sure, it’s easily circumvented, but it’s still something) and usually also PHX/DHT (third problem: this can’t be disabled). RS enhances it’s “good guy” face with the online store…

  • APIC

    The only reason this happened was because Norm Z (perfect10) has become a pest to the courts. He has now done more damage than anyone could have as there are competent lawsuits underway.

    Rapidshare has NO legit files.

  • Anonymous

    “The only reason this happened was because Norm Z (perfect10) has become a pest to the courts. He has now done more damage than anyone could have as there are competent lawsuits underway.”

    exactly. if the RIAA or MPAA has taken them to court, it would have been a guilty verdict for SURE.

    get them to sue a torrent site, get a not-guilty verdict, and then use that as leverage against other cases!

  • Pingback: US Court: RapidShare Not Guilty of Copyright Infringement « Alex Torex Blog

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  • Jimmy Dean

    This give me my 3rd ideas.

    I’m going to create a site just like RapidShare, then drop all the premium fee, make it free.

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