Lo leí ayer pero estaba caído nc así que no lo pude postear :P
Ahora busco la info que tenía yo y la agrego
Aquí está:
Filesharing Website Rapidshare targeted by GEMA
German collections agency GEMA (the German RIAA) says it's won temporary injunctions against the operator of data exchange services RS.de and RS.com. The latter is said to have used copyright protected works of GEMA members in an unlawful fashion," says Heise Online.
Rapidshare offers online diskspace where users can upload their files to. When done, other people can download their files. Rapidshare is one of the leading online fileshare websites. According to GEMA, a lot of copyright protected works are uploaded on Rapidshare.
"The services make virtual storage space available into which users can upload content that is thereby made publicly available to other users. GEMA spokesman Hans-Herwig Geyer told Heise GEMA is now demanding details, "on how many copyright protected works of GEMA members are currently stored on the said sites".
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"The business newspaper Handelsblatt is adding that Rapidshare might have to pay 250,000 Euro (about 320,000 USD) if it violates the injunction. It is unclear however how Rapidshare will react and how the injunction is supposed to get enforced. The company was founded in Germany, but has since relocated to Switzerland.
GEMA apparently sees the injunction as a prelude to further action against US-based music and video hosters. A press release of the organization quotes board member Harald Heker with the words:
"These decisions have enormous relevance for further dealings with Web2.0 platforms like Youtube and Myspace."
RapidShare says it had no knowledge of content uploaded and wasn't able to control it, says the story, going on:
"Through its injunctions the District Court in Cologne had now however made it clear to the company that the fact that it was the users and not the operator of the services that uploaded the content onto the sites did not, from a legal point of view, lessen the operator?s liability for copyright infringements that occurred within the context of the services".
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The German music rights holders asociation GEMA, which is something like the German ASCAP, scored another legal win against the one-click file hoster Rapidshare. GEMA announced in a press release that the Dusseldorf district court ruled this week that Rapidshare is going to have to block access to works from the GEMA repertoire.
Rapidshare has been using the defense that only its users can be held responsible for copyright violations. The Dusseldorf district court disagreed because it found that Rapidshare is mostly used for illegal activities and that the company generates substantial profits from these activities.
According to GEMA, the ruling includes a mandate to stop file transfers even if that means shutting the service down completely. GEMA's press release quotes the ruling with the following words:
"The ruling forces Rapidshare to 'take measures that might have the risk of making Rapidshare's service substantially less attractive or even close it down completely.'"
GEMA won two previous injunctions against Rapidshare, but this is the first time they won an actual court case. It's unclear yet how Rapidshare is going to respond to the ruling. The company running Rapidshare.com is based in Switzerland, but its original Rapidshare.de service was founded in Germany.
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P2P Blog » Rapidshare loses in court, shut-down imminent?
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