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Deutsch: RapidShare gewinnt einen weiteren Fall angeblicher Urheberrechtsverlet...
RapidShare, the Swiss based file-hosting service, won the appeal against the computer game distributor Atari Europe. In March 2010, Düsseldorf Regional Court ruled that the company had not taken sufficient measures to hinder the distribution of the computer game "Alone in the Dark" via its platform.
The Higher Regional Court of Düsseldorf has now dismissed Atari's claim through an amendment of the original ruling, acknowledging RapidShare's efforts to take measures against the illegal distribution of copyrighted material.
The Court also ruled against Atari's demands for a keyword filter and an automatic retrieval and deletion of all files containing certain keywords considering such a measure as unreasonable and creating the risk of also deleting legal files that match the same keywords. Other proposed measures such as a manual verification of suspect files and the removal of links on third party search engines were considered impossible, unreasonable and pointless.
"The ruling demonstrates once again that RapidShare is operating a fully legal range and has taken measures against the misuse of its service which go beyond the level that is legally required. We are confident that copyright holders will gradually come to accept this conclusion," stated Daniel Raimer, RapidShare's lawyer and spokesman.
This is the second decision of the kind taken by the German court in favour of RapidShare. In July 2010 The Higher Regional Court of Düsseldorf ruled against Capelight Pictures giving a similar decision. Also, in May 2009, a US court ruled that RapidShare was not guilty of copyright infringement.
RapidShare wins appeal against Atari (6.01.2011)
http://www.rapidshare.com/#!rapidshare-ag/rapidshare-ag_news
RapidShare's Measures Against Piracy Are Sufficient, Court Rules (6.01.2011)
http://torrentfreak.com/rapidshare-wins-appeal-against-atari-110106/
Game over for Atari case against Rapidshare (6.01.2011)
http://www.theinquirer.net/inquirer/news/1935366/game-atari-rapidshare
EDRi-gram: Germany: Filtering by keywords is not an obligation for a hosting
company (28.07.2010)
http://www.edri.org/edrigram/number8.15/filter-keywords-not-hosting-ge...