Atari loses copyright suit against RapidShare

Online copyright lawsuits aren't all about music. Video game publisher Atari Europe recently became concerned that copies of its game Alone in the Dark were floating around one-click file-hosting service RapidShare, so it took the hosting company to court. The publisher wanted RapidShare to take responsibility for the files hosted and downloaded via their service - and to block any which compromise copyright or intellectual property agreements.

The first court to hear the case - in Düsseldorf, Germany - found in favour of Atari's arguments, but RapidShare didn't like the decision, appealed, and finally won when the case was heard in the Higher Regional Court of Düsseldorf.

RapidShare have released a statement:

"The Higher Regional Court of Düsseldorf acknowledged RapidShare’s efforts against the distribution of material that is protected by copyright and deemed the additional measures required by Atari to be unreasonable or pointless."

This is not the first time that the file hosting company has come under the legal spotlight. Last year, the same German appeals court overturned a separate ruling against them, while a US court has also decided the company is not liable for its users behaviour.

Spokesman Daniel Raimer added:

"The ruling demonstrates once again that RapidShare is operating a fully legal range and has taken measures against the misuse of its service which go beyond the level that is legally required. We are confident that copyright holders will gradually come to accept this conclusion."

Gradually is the key word there though, as Atari and other major copyright holders around the world still aren't keen on the court's decision. I doubt this will be the last time that RapidShare are in the legal spotlight, with worldwide music trade group IFPI also highlighting "Unlicensed download sites, news groups, specialised search engines, forums, blogs and cyberlockers" in their 2010 digital music report as significant channels for copyright infringements.

6 Responses to “Atari loses copyright suit against RapidShare”

1. Atari Loses Copyright Suit Against RapidShare | JetLib News says:

   January 7, 2011 at 3:47 am

   [...] service RapidShare, so it took the hosting company to court. While they won the initial case, the decision was overturned on appeal, finding that RapidShare is doing nothing [...]

   Reply
2. Dave P says:

   January 7, 2011 at 7:39 am

   this is silly. rapidshare are just thieving scum who base their business on other peoples copyright.
   They should be sued to oblivion

   There is no leitimate use for allowing 100% anonymous sharing of multi-gigabyte files. If its legit content, use your real name and bank details to buy an account…

   Reply
3. Winston Smith says:

   January 7, 2011 at 8:48 am

   Dave P, above, is technologically illiterate, legally illiterate, and most of all morally illiterate. Perhaps Dave P would feel more at home in Saudi Arabia, Iran, China, Myanmar, or one of the other countries vigorously pursing Police State control on all internet access and all internet content. Perhaps anyone wishing to buy paper should also be required to register their name and details with the government, because obviously there is no legitimate use for allowing anyone to anonymously publish multi-hundred pages of their own writing. If its legit content, use your real name and bank details to buy any paper, any printer, any typewriter, or even pens or pencils. If you are innocent you have no reason to object. Anyone who disagrees must be a criminal.

   In Dave P’s warped view of the universe it is somehow sane and obvious that people should have to provide “bank details to buy an account” for something free. My local super market has a board near the exit where people can anonymously tape up paper note announcing garage sales, roommates wanted, or pretty much anything else. Obviously the super market must be required to obtain “your real name and bank details to buy an account” to use the FREE bulletin board. Obviously the super market is “are just thieving scum who base their business on other peoples copyright” because someone else might tape a copyrighted poem up on that free bulletin board.

   Reply
   • Bob says:

     January 7, 2011 at 10:28 am

     Winston,
     I couldn’t have said it better myself!! You sir are correct!!

     Cheers.

     Reply
4. Whiner says:

   January 7, 2011 at 10:06 am

   It’s a complicated issue. Rapidshare’s business model clearly IS based on theft. They make their profits almost entirely from people paying to steal games/movies/etc. People who are downloading legitimate content from Rapidshare (there IS legit content there!) are far more likely to download only one file in a time period and therefore have no need to use the paid account options. It is primarily pirates who are willing to pay for faster and more frequent downloads, because the cost of the premium account is vastly lower than the cost of buying all the stuff they’re downloading legitimately.

   At the same time, they do provide a useful service to legitimate amateur creators who want to distribute files and don’t have appropriate paid hosting, as well as to people who need to move data anonymously for political purposes. I wouldn’t want them shut down.

   Has anyone considered the equivalent of the Blank Tape Tax when it comes to businesses like rapidshare? It’s obvious to anyone thinking about the issue that they profit greatly from content belonging to others… However, even if they were required to pay a small compensation fee, it would be difficult to get it into a position where it benefited all creators. Just paying off Atari or the RIAA or something would do most people no good and make them MORE angry. Within an individual country you could put money into some sort of government art grants fund, but the situation is global…

   Reply
5. Tweets that mention Atari loses copyright suit against RapidShare « GamePron -- Topsy.com says:

   January 7, 2011 at 10:20 am

   [...] This post was mentioned on Twitter by AAA Baltic Service C, Jonathan Oei and Kingsley Foreman. Kingsley Foreman said: RT @GamePron: GamePron: Atari loses copyright suit against RapidShare http://bit.ly/g1fs3I [...]

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Article Details

• published: January 6th, 2011
• by: Jessica Citizen
• in: Company: Atari, Company: RapidShare, Game: Alone in the Dark, IFPI
• comments: 6

Author Bio:

I like video games, fishing, Depeche Mode, long walks on the beach, writing discussion papers and cups of tea. Not necessarily in that order.

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