RapidShare Isn't Liable for Infringement, Federal Court Rules

SAN DIEGO — A U.S. District Court Judge this week denied Perfect 10’s request for a preliminary injunction against file-sharing service RapidShare.

The court ruled that Perfect 10 has not met its burden of showing that it is likely to succeed on the merits of its claim for direct and contributory copyright infringement.

Perfect 10 had argued that because RapidShare is offering unauthorized Perfect 10 images to RapidShare users who pay a monthly fee, it is violating Perfect 10’s distribution rights and is liable for copyright infringement.

RapidShare says it doesn’t sell content, rather, it is a file-hosting site that provides users with online storage space for their private files.

"The view that RapidShare does not promote any infringements of copyright, unlike other file-hosts, appears to be gradually catching on,” RapidShare founder Christian Schmid said. “It is a milestone for us that this is also happening in the U.S. We are happy that the court in California has not bought into the odd line of argument put forward by Perfect 10 and we look forward to increasingly emphasize the major difference between RapidShare and illegal share-hosts."

RapidShare also argued that it is not liable for direct infringement because any of Perfect 10’s images found on its servers were copied onto the servers by RapidShare users. Perfect 10, however, says RapidShare is itself violating the company’s exclusive distribution rights.

Further, RapidShare said it can’t be liable for infringement because it didn’t have knowledge of specific infringing material. RapidShare acknowledged that it did receive a disc from Perfect 10 containing the company’s copyrighted works. RapidShare said it tried but was unable to delete the files that contained Perfect 10 images because the disc didn’t provide information as to where those files were located.

The court sided with RapidShare saying, “the court concludes that plaintiff has not shown that RapidShare is failing to take simple measures to prevent further damage to plaintiff’s copyrighted works.”

The court continued to say that evidence suggests RapidShare is trying to find and remove infringing files and therefore, Perfect 10 has not shown that RapidShare is contributorily liable for copyright infringement.

U.S. District Judge Marilyn Huff said, “To state a claim of contributory infringement, Perfect 10 must allege facts showing that defendants induce, cause or materially contribute to the infringing content.”

Huff said Perfect 10 didn’t show enough evidence to convince the court of inducement and that it couldn’t show the company would suffer irreparable harm if she didn’t order an injunction. As such, she said, the public interest would not be served by an injunction.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Show More