RapidShare Countersues Perfect 10

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.

Related:  

Copyright © 2024 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

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More