German Judge finds Rapidshare "Not Guilty".

A win for the freedom of information sharing!!!! About f**king time...

Actually the term "Not Guilty" isn't accurate. They were found "Not Liable" for what people may or may not upload. The people who need to be held Accountable are the people uploading copyrighted material. Not the people who invented the system they use to do that. Should Gun Manufacturers be held responsible if someone kills someone with one of their guns? NO, of course not. People kill People WITH Guns. Guns can't kill people without SOMEONE to pull the trigger. The same applies here and should have always applied here from the start. When someone murders someone else they get charged with murder and go to prison. You don't charge the company that made the murder weapon.

"RapidShare is not liable for acts of copyright infringement committed by its users, a German court ruled yesterday. The Dusseldorf Court of Appeals overturned the earlier decision of a local district court in a case brought by the movie outfit Capelight Pictures."

Read the whole article Here.


     In essence this is the same as the charges that have been filed against companies like "Napster" and "The Pirate Bay". The people who run these sites and services can't be held responsible for actions taken by other people and what they do with the things they made. It's easier though for "Big Business" to go after and shut down the providers then it is for them to hunt down the ACTUAL PEOPLE committing the crimes by uploading copyrighted material. Sounds like a case of Law Enforcement being lazy to me. If someone steals something from Wal-Mart do you shut down Wal-Mart and sue the people who own the store? No, you press charges against the thief. Online criminals and their activities need to be treated the same way, period. Unfortunately though in the long run this is going to boil down to the governments and corporations of the world taking over Total Control of the Internet. The only way for them to catch Internet Criminals is for them to Monitor EVERYONE and eventually that's exactly what they'll do. Everyone will go along with it too because they'll say "If you're not doing anything Illegal online you don't have anything to fear!!!". When that day comes (and it will sooner or later) I'm going "underground" and "off the grid" based solely on principle alone. If governments and corporations think they should have the right to monitor Me because my neighbor Might be doing something wrong is completely out of the question in my eyes and hopefully everybody else's eye's as well.

40,786 views 19 replies
Reply #1 Top
Silly me, I always thought it would be great if services like Rapidshare never even existed!
Reply #2 Top

Quoting LightStar, reply 1
Silly me, I always thought it would be great if services like Rapidshare never even existed!
End of LightStar's quote

Maybe....maybe not. There are Plenty of LEGITIMATE USES for file-sharing and file-hosting services. Just look at how we submit bugs for Elemental for example. We use FogBugz and Pastebin which could BOTH be used to share copyrighted material. I could easily copy/paste a whole book in there and upload it for free for the whole world to read. Imagine if a new Harry Potter book came out and someone copied it all and pasted it there for everyone to read. That would be a Illegal use of the service, but, it's possible and easy to do.

If these services never existed it would make a lot of people's jobs a lot harder. It's all in how you use it. You shouldn't condemn a whole system because some people chose to use it the wrong way. If that's the case the same thing could be said about the Internet entirely or even the Telephone. If I knew the right people to call I could very easily pick up my phone and call a contract killer and have someone murdered. That doesn't mean it's the phone companies fault or that phones should have never been invented.

Reply #3 Top

So Rapidshare feels they have no responsibility to verifly the validity of what folks upload?

Since a valid copy or release of any application, game or software is available from a site that is authorized to release it, what purpose does Rapidshare serve?

Reply #4 Top

Quoting Philly0381, reply 3
So Rapidshare feels they have no responsibility to verify the validity of what folks upload?

Since a valid copy or release of any application, game or software is available from a site that is authorized to release it, what purpose does Rapidshare serve?
End of Philly0381's quote

Because not everything that's invented or sold has a "Site that is Authorized to release it". Some things aren't sold through web sites. What purpose does FogBugz server? It's used by businesses and people who need to share information. File-sharing services and programs are used the same way by LEGITIMATE Users (I.E. not people sharing copyrighted material).

I'm NOT DEFENDING file sharing or programs that do such. I'm AM DEFENDING people's freedom to have these programs though because not everyone that uses them is a "criminal". Sadly though that's what these things are most commonly known for.

Note: Rapidshare DOES remove copyrighted materials once they find they have been uploaded so it can't be said they aren't Trying to do the right thing. They just don't have the man-power to match their user base which can be said for any company that's "online". Blizzard doesn't employ as many people to work on WoW as it has players who Play WoW.

Reply #5 Top

Could someone please tell me a valid reason then for sites like this to exist?  If you cannot control your content, then you should not be in business, period.  In the past I reviewed each and every submission to a major graphics site for copyright violation, and in the two years I did it only one item ever slipped by me. There are ways of establishing copyright validity, you just have to take the time to do it.  Evidently Rapidshare and others like it just don't care.  I have reported several items to them in the past, and sure they disappear in a few days, but then a few days later they are right back. Totally unacceptable.

Of course the German courts found them "Not Liable", they just don't care about copyright laws there anyway, as is the case in most countries nowadays intellectual rights are non-existent.  >:(

Reply #6 Top

Yay for Germany. I just finished uploading a mod to filefront when I seen this.

Reply #7 Top

Quoting LightStar, reply 5
Could someone please tell me a valid reason then for sites like this to exist? 
End of LightStar's quote

Quoting myfist0, reply 6
I just finished uploading a mod to Filefront
End of myfist0's quote

There's your "Reason" Lightstar. To share USER CREATED material. Maybe I write a story and I want to get it out to the population, so I upload it in PDF format to Filefront. Now anyone who wants to read it can download it and read it. Isn't that a good enough reason? What about people who want to share public pictures? What about people who make Fan Made movies and want to distribute them? There are PLENTY of reasons for services and sites like that to exist. Even Stardock uses one of them (FogBugz and Pastebin) for sharing bug reports so we can make Elemental a better game. If that's not a "Valid Reason" I don't know what is...

Reply #8 Top

Okay Raven X, I understand the reasons now. 

If they do remove copyrighted material when detected than they are trying to police their site.  I think most people probably miss the fact that file sharing sites will only have one ot two people running it.

Reply #9 Top

Quoting LightStar, reply 5
Could someone please tell me a valid reason then for sites like this to exist?
End of LightStar's quote

Photobucket and Imageshack... Need I say more?

One could just as easily distribute walls (from this site) via Photobucket/ImageShack as one could distribute any other kind of file from RapidShare, but I don't see anyone complaining about or trying to take down Photobucket/ImageShack.

Or DropBox for that matter......

Reply #10 Top

Hehe, just look closer to home.  Most of the time DA doesn't know whats uploaded until people bitch about people uploading crap that isn't theirs.  And how long does it take them to take it down.  1-5 days and if Jafo gets on them its closer to 1-2 days.  Should we eliminate DA?Get real.  Used to be that if you bought something you could dupe it for personal use, not your lucky if you can.  Oh well.....

Reply #11 Top

The same thing happens right here at WC.

Reply #12 Top

Since a valid copy or release of any application, game or software is available from a site that is authorized to release it, what purpose does Rapidshare serve?
End of quote

My brother in law is a musician. He often sends me large music files, his own work, via rapidshare because it is an easy way to send large files.

Nothing illegal, immoral, or otherwise wrong about it.

There actually are legit, legal, and moral reasons to use these services.

Just like most other things in this world, there is a right way, and a wrong way to use it. Loss of the service for those of us who use it legally, just because of those who don't, is unfair.

 

It's the age old "A few bad apples....." cliche all over again.

 

Just one redneck opinion.

Reply #13 Top

Quoting Snowman, reply 9



Quoting LightStar,
reply 5
Could someone please tell me a valid reason then for sites like this to exist?


Photobucket and Imageshack... Need I say more?

One could just as easily distribute walls (from this site) via Photobucket/ImageShack as one could distribute any other kind of file from RapidShare, but I don't see anyone complaining about or trying to take down Photobucket/ImageShack.

Or DropBox for that matter......
End of Snowman's quote

Exactly, but that don't mean that those of us who use it in the correct and legal manner should lose the service. Dropbox is awesome, I and a few other WCites I know use it to collaborate on skins. Handy tool. Can it be abused? Of course! But should it be outlawed for that reason? Because it CAN be abused......ludicrous. Of course not, that would kill free enterprise quick.

I frequently use Dropbox, yousendit, and Pando, for legal and moral purposes. Would be bad to lose those apps/services.

Reply #14 Top

Quoting Philly0381, reply 3
So Rapidshare feels they have no responsibility to verifly the validity of what folks upload?

Since a valid copy or release of any application, game or software is available from a site that is authorized to release it, what purpose does Rapidshare serve?
End of Philly0381's quote

No, because what is "uploaded" to them isn't copyrighted at all, which basically are just small files containing info where (probably copyrighted) files can be found in a P2P net. And this in turn circumvents *their* legal responsibilty.  

Reply #15 Top

Of course the German courts found them "Not Liable", they just don't care about copyright laws there anyway
End of quote

With all given respect, but that is complete bullshit.

 

Greetings from Germany.

Reply #16 Top

Indeed. You can't even view most music videos on YouTube in Germany due to copyright issues. (Or you will at least soon be unable to, the GEMA wants to make an example.)

Reply #17 Top

Quoting Spooky__, reply 16
Indeed. You can't even view most music videos on YouTube in Germany due to copyright issues.
End of Spooky__'s quote
Same here in Hungary with the CBS videos.

Reply #18 Top

Does the Postal Service verify the ownership of what you send through the mail?

Does UPS or FedEx verify what you ship to confirm it isn't stolen property?

How about your ISP or phone company? Should they all be allowed to spy on everyone in the name of "Copyright Protection" or to determine  legal ownership?  I think not.

They are just delivery vehicles as is Rapidshare. Right or wrong(illegal) use of these services is dependant upon the user. Legitimate users would suffer most, thieves will always find another method to steal property and distribute it.

 My .016 Euros worth.

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Reply #19 Top

Quoting Spooky__, reply 16
Indeed. You can't even view most music videos on YouTube in Germany due to copyright issues. (Or you will at least soon be unable to, the GEMA wants to make an example.)
End of Spooky__'s quote

..and that is so annoying!