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

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

BranditScan Rolls Out Real-Time Telegram Leak Scans, Takedowns

BranditScan has launched Telegram Bot, a new feature that lets creators scan Telegram in real time for leaked content.

Pineapple Support to Host 'Suicide Survivors' Support Group

Pineapple Support is hosting a free online support group for performers affected by suicide.

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters, by country, for June and July.

Show More