Rapidshare claims it won another landmark court case, this time in a US court. An online provider of NSFW T&A content called Perfect 10 had filed a case with a disctrict court in California’s Southern District against Rapidshare and tried to get an injunction against the Swiss file hoster. Perfect 10 claimed Rapidshare offered its subscribers all sorts of copyrighted works for download, which would distort competition at the expense of honest-to-god companies such as Perfect 10.
The court decided Perfect 10’s case had no merit whatsoever and threw it out, stating Rapidshare
is a file hoster and can’t be charged on basis of copyright claims. Perfect 10 didn’t even give any proof of infringements, no files or links were included in its writ. It seems filing a case without any proof and mistaking a file hoster for some sort of T&A Napster isn’t a very clever move.
“The view is gradually spreading that Rapidshare doesn’t promote copyright infringements. It is a milestone that this is now recognised in the USA,” commented Rapidshare’s founder Christian Schmid.
Rapidshare recently won a landmark case in Germany. DVD label Capelight Pictures received an injunction from a regional court, after the company complained users had uploaded movies to Rapidshare. A higher court trashed the injunction saying Rapidshare could not be held accountable for supposed infringements of its users. Security measures implemented by Rapidshare were also deemed to be sufficient, as links to files could not be guessed, nor were files indexed and searchable.
It seems right holders slowly have to get used to the fact that a platform like Rapidshare is a legal business that simply won’t go away, even if they try banishing it in court – just like any technology deemed detrimental to ancient business models from the 1970ies, an age before cassettes and VHS tapes existed.