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GEMA

Rapidshare Might Shutdown

Submitted by admin on Mon, 02/04/2008 - 03:33.

Rapidshare LogoOne of the most popular file-sharing service RapidShare may face forced shutdown if unable to comply by German court's ruling against them, for removal of copyrighted content already on their servers and taking measures against uploading of copyrighted content by its users in future, the German regional court made this ruling after GEMA the German equivalent of RIAA started legal battle against Rapidshare.

If this would had happened in the US, web site operators are protected by Safe Harbor provision in the DMCA, protecting them from liability as long as they remove infringing content after being presented with a DMCA prescribed takedown notice.

Christian Solmecke, an attorney for Rapidshare, said:

"I believe that Rapidshare will appeal against the decision of the Landgericht (District Court) of Düsseldorf,"

"If they do so, we will have to wait and see what the Oberlandesgericht (Higher District Court) of Düsseldorf (as the Court of Appeal) says."

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