RapidShare wins important copyright victory in the United States
May 20, 2010
RapidShare AG has won an important victory in a copyright lawsuit against it in the United States. The case is Perfect 10, Inc. v. RapidShare AG, in the United States District Court for the Southern District of California (San Diego).
Perfect 10 is an adult entertainment company and a very experienced copyright plaintiff, which has brought many lawsuits against a variety of companies including VISA, MasterCard, CCBill, Google, Amazon.com, and Microsoft. Perfect 10 remains in a long-running battle with Google, Inc., over Google's search engine and other services.
Perfect 10 sought a preliminary injunction in the US to prevent RapidShare from hosting images that Perfect 10 alleges to violate Perfect 10's copyrights. Perfect 10 sought to discredit RapidShare and its business model.
On May 18, 2010, the court refused to grant a preliminary injunction, denying Perfect 10's request. The court ruled that Perfect 10 had not shown that it was likely to win any of its claims against RapidShare for copyright infringement or unfair competition.
The court noted that Perfect 10 showed a lack of interest in self-help measures. Other than through its lawsuit, Perfect 10 had not identified any download links to RapidShare that would have enabled RapidShare's Abuse Department to disable access to the allegedly infringing files. The Court urged Perfect 10 to work with RapidShare to provide proper notices that would enable RapidShare's Abuse Department to address Perfect 10's concerns.
Christian Schmid, founder of RapidShare AG, said that "it is gratifying that the court rejected Perfect 10's motion and recognized that RapidShare does not promote copyright infringement. It is an achievement for us that this is also happening in the U.S. We look forward to increasingly emphasizing the major difference between RapidShare and other companies. RapidShare offers a valuable platform for cloud computing, does not promote unlawful activity on its website, and provides copyright holders rapid service in addressing proper claims of infringement relating to RapidShare users."
The company's Abuse Department has one of the fastest records for responding to take down requests submitted by copyright owners, uses a hash filter to block uploads of files identified as unauthorized, and has a policy of terminating repeat infringers in appropriate circumstances. In addition, RapidShare has taken legal action against third party sites that publish links to unauthorized material. More information on RapidShare's Conditions of Use is at
http://rapidshare.com/abuse.html.