Home > News > RapidShare Countersues Perfect 10 • Bookmark   • Newsletters   • Register Search Options


RapidShare Countersues Perfect 10

RapidShare Countersues Perfect 10
Get XBIZ News
Jun 14, 2010 4:30 PM PDT    Text size: 
LOS ANGELES — File-sharing service RapidShare has filed a counter-suit against Perfect 10 accusing the company of being a “copyright troll” that runs “essentially a paralegal service masquerading as a porn company.”

In court documents filed Friday, the German-owned company says it wants a court to order Perfect 10 to pay $75,000 in damages for engaging in unfair business practices that has harmed its reputation.

“It is ironic that a website that has a policy of selling access to billions of dollars of other people's property, without paying them a dime, would now attempt to seek damages from the very entities whose property it has abused,” Perfect 10’s Norman Zada told XBIZ.

“If I were RapidShare, after being identified by both the Congressional Anti-Piracy Caucus and the Recording Industry Association of America, as one of the six worst infringing websites in the world, I would not get all that optimistic. Perfect 10 is very confident that we will prevail in the end.”

RapidShare says in the suit, “Perfect 10 doesn’t adequately protect its copyrights and instead allows infringing copies of its content to metastasize all over the Internet.”

RapidShare claims that Perfect 10 chooses not to employ commercially available technology and software that could deter infringement of its images. Instead the company “seeks to foster the spread of infringing works that it owns over the Internet in order to entrap and shakedown websites and services where copies of its images may randomly end up.”

In addition, “Perfect 10 engages in unfair business practices by tactily promoting allegedly unauthorized use of its works online and then seeking to capitalize on that use.”

RapidShare says Perfect 10 deliberately sends notices that don’t comply with the Digital Millennium Copyright Act or that omit material information, which makes it impossible for Internet service providers to identify unauthorized works.

According to the suit, Perfect 10 has damaged its reputation by allowing unauthorized files to remain on RapidShare’s servers for a period of years. In addition, the suit claims Perfect 10 is deliberately withholding information that could allow RapidShare to remove infringing works.

Therefore, the counter-suit calls for an injunction to order Perfect 10 to include the identification of the infringing files and to send takedown notices to RapidShare to the correct department.

RapidShare wants the court to award damages sufficient enough to deter further unfair and unlawful business practices, attorneys fees and a trial by jury. In May, a court denied Perfect 10’s preliminary injunction against RapidShare, saying it has not met its burden of proof of showing it would likely succeed in its copyright infringement claims.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Sexperts Tout Men’s Wellness Benefits of Pleasure Products

Sex, more and more, is being discussed not only from an erotic standpoint, but also, from a health and wellness standpoint. MensHealth.com, MensJournal.com and many other mainstream websites have been... More »

Male Sex Toys Get Creative With Non-Anatomical Designs

Male toys are becoming more and more popular for both straight and gay men. While the emphasis has long been on women’s toys, today men’s products are a burgeoning market. Channel 1 Releasing... More »

Manufacturers Recreate Lifelike Sex for Male Masturbation

Sex is sex, even when you have it with yourself. Wherever that little love dance goes, sex toys are sure to help guide you on the journey. When it comes to men, the industry appears to have thrown its... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.


Latin America Adult Business Expo

Jul 10 - Jul 12
Cartagena, Colombia

ANME Founders Show

Jul 16 - Jul 18
Los Angeles Marriott Burbank Airport


Aug 03 - Aug 06
Montreal, Quebec

XBIZ Berlin 2017

Sep 11 - Sep 14
Berlin, Germany
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!