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Court: RapidShare AG not liable for user uploads
File hosting company wins appeals procedure (Oberlandesgericht Düsseldorf) May 03, 2010
Cham, May 3, 2010. RapidShare AG has won its appeal against Capelight Pictures in the Court of Appeals Düsseldorf, Germany (Oberlandesgericht Düsseldorf). Prior to this, plaintiff had obtained a preliminary injunction against RapidShare at Düsseldorf's district court (Landgericht Düsseldorf), by which the file hosting company was enjoined from hosting certain movies its clients had uploaded. This judgment has now been reversed by the Appellate Court.
Christian Schmid, founder of RapidShare: "We are very happy about the judgment. The court has confirmed that RapidShare is not responsible for the contents of files uploaded by its users. The judgment shows that attempts to denounce our business model as illegal will not be successful in the long run. With its 1-click-filehosting model, RapidShare responds to legitimate interests of its users and will continue to do so in the future."
last week only i have downloaded Avatar..blue-ray ripThe court also brought up an interesting point: German copyright allows users to make copies of movies and music files for their own use, as well as to share them with a limited number of close acquaintances. Automated filters would make it impossible for users to save a legal backup copy of a movie on RapidShare’s servers.