The German supreme court has ruled that bestandsdeeldienst Rapidshare are in some cases responsible for auteursrechteninbreuk. Rapidshare would be ‘reasonable precautions’ should take to prevent piracy.
Game-maker Atari had filed a lawsuit against Rapidshare ensued, in which the former claimed that the bestandsdeeldienst unauthorized access to its game Alone In The Dark. The court is not, however, of the opinion that Rapidshare here the full responsibility for wearing and states that there is ‘reasonable technical and economic measures should be taken to prevent piracy, without that this is the business model of Rapidshare’s interests. This shows that a bestandsdeeldienst not automatically responsible can be made as users of copyrighted material, but that this depends on the measures taken.
The court ruled that Rapidshare should actively monitor, to copyrighted material on to tracks. It would have to be searched for external sites that link to Rapidshare-content. The bestandsdeeldienst would this content then its servers can remove. Rapidshare had previously been indicated already about such technology.
It is not clear whether Rapidshare with today’s technological measures meet the requirements of ‘reasonableness’, of which the German High Council speaks. The court states that it is not enough to have information to base a judgment, which the district court in Düsseldorf on these judgments; there had Atari initially his lawsuit against Rapidshare in harness.
Previously had the court in Hamburg to a lawsuit filed by the German collecting society GEMA and boekenuitgevers De Gruyter and Campus have ruled that Rapidshare is held fully liable for auteursrechteninbreuk of its users. According to this court is to Rapidshare prevent even longer music of GEMA members and books from the publishers will be offered, in which the current measures are not enough. The German High Council qualifies this position somewhat. However, it remains unclear whether Rapidshare more to do to prevent piracy.