by Mike Masnick
Wed, Jun 24th 2009 4:00pm
Last year, the German music collection society GEMA sued Rapidshare claiming that the company had to filter out any infringing content. Of course, this makes little to no practical sense. Rapidshare is a platform that users use to share content. Rapidshare itself has no way of knowing whether the content is infringing or not, and any liability should be on the users, not the platform. But... courts don't always understand such things, and so a German court has now ruled that Rapidshare must stop certain songs from being distributed. GEMA, of course, is thrilled, noting that this means the copyright holders are "no longer required to perform the ongoing and complex checks." But, it means that Rapidshare not only has to perform ongoing and complex checks, it has to do so without having any information on what's legit or not. What if musicians want to share their music that way? What if the use is fair use? RapidShare appears ready to appeal, noting that appeals courts on these issues have been much more reasonable, so they're hopeful that the decision is reversed or greatly limited.
If you liked this post, you may also be interested in...
- The DMCA Should Not Be An All Purpose Tool For Taking Down Content; And It's Espeically Bad For Harassment
- Star Trek Fan Film Axanar Lawyers Tell Court About JJ Abrams Claims Of Paramount Dropping Suit, Express Confusion
- YouTube Personality Files Bogus Copyright Infringement Lawsuit To Shut Up Two Critics
- YouTube Wins This Round In Germany In The Stupid Neverending War With GEMA Over Streaming Rates
- German Court Says YouTube Isn't Liable For Infringement, But Wants A Notice-And-Staydown Process