Despite the highly-publicized takedown of Megaupload, one other high-profile site has a reason to celebrate this week ? at least a little bit. RapidShare has been deemed legal by a German court, though only in terms of its core functionality.
According to the ruling, RapidShare is just hosting files online. There?s nothing wrong with doing that. However, things get a little more complicated when someone tries to access those files ? many of which are accessed by others.?To that end, RapidShare has to keep a watchful eye on where downloaders are coming from. From forum posts to linkdumps, RapidShare must make sure that ?infringing links? are taken down whenever they?re spotted.
But the judge in this case did also declare that RapidShare has no responsibility to actively monitor uploaded files. Until an infringing link is posted somewhere, those files are just nondescript bits stored on a hard drive.?RapidShare?s CEO says they?ve been doing this on their own for quite some time and that the court?s decision validates their business model. That?s a good thing, but the verdict also shows that the courts are watching closely ? and that there will no doubt be repercussions should RapidShare slip up.
While this ruling should let others in the digital locker and file hosting business breathe a little more easily, it certainly doesn?t signal the end of scrutiny and litigation from rights holders. As long as file sharing sites make sure that no external sites link to content that definitely infringes ? and promptly remove such content when it?s discovered ? everything should be just fine.
It?s probably safe to assume that groups like the MPAA and RIAA would never stoop to having files anonymously planted to get a service like RapidShare in trouble. It?s not like they?ve tried that before on torrent sites or anything?
More at TorrentFreak
Source: http://www.geek.com/articles/news/rapidshare-declared-legal-by-german-court-20120328/
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