Court Says RapidShare Not Required to Filter Uploads

CHAM — RapidShare AG has announced that it has won its appeal against Capelight Pictures in the Court of Appeals in Düsseldorf, Germany.

According to RapidShare, Capelight had previously obtained a preliminary injunction against the file hosting company in Düsseldorf's district court, preventing RapidShare from hosting certain movies its clients had uploaded and raising the specter of invasive content screening and approval methods.

The Appellate Court this week reversed the lower court's order, signaling a victory for the file hosting service, which some critics point to as a major contributor to Internet piracy, due to its allowance of easy, anonymous file uploading and sharing without any review of the material's content or copyright status.

"We are very happy about the judgment," RapidShare founder Christian Schmid stated. "The court has confirmed that RapidShare is not responsible for the contents of files uploaded by its users."

The Court of Appeals determined that since RapidShare does not control access to the files (which the user uploading the file can keep private or share at will), it is not liable for the distribution of those files.

The court also criticized proposed piracy mitigation mechanisms as being ineffective, further bolstering its reversal decision. For example, filename filters create excessive false positives, particularly since those who are uploading them often rename these files. Filtering based on file type is not effectively usable since the file type does not reflect the content's ownership; while proxy servers and shared IP addresses make such discrimination attempts over-broad.

For its part, RapidShare sees the move as a vindication of its operations and an acknowledgement of the service's legitimate uses, such as creating online data backups.

"The judgment shows that attempts to denounce our business model as illegal will not be successful in the long run," Schmid added. "With its [one]-click-filehosting model, RapidShare responds to legitimate interests of its users and will continue to do so in the future."

Related:  

Copyright © 2025 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

BranditScan Launches 'Referral Rush' Promo

BranditScan has launched its Referral Rush promotion for creators.

2025 AltStar Awards Nominees Announced

Nominations have been announced for the 2025 AltStar Awards, aka the AltPorn Awards, presented by Bad Dragon.

AI Erotic Storytelling Platform 'AIEroticSmut' Launches

AIEroticSmut.com, a DIY erotic storytelling platform, has officially launched.

TeamSkeet, MYLF to Launch New Website FamilyStrokes.com

Sister studios TeamSkeet and MYLF are launching a new website, FamilyStrokes.com.

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Segpay Names Kristi Greer VP of Sales

Segpay has promoted long-time employee Kristi Greer to the position of vice president of sales.

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Pineapple Support, Clips4Sale to Host Support Group for Performers' Partners

Pineapple Support and Clips4Sale are hosting a free online support group for partners and family members of adult industry professionals.

FSC Mourns the Loss of Board Director Emeritus Mark Kernes

Free Speech Coalition has released a statement regarding the passing of Board Director Emeritus Mark Kernes.

Show More