Appeal process: RapidShare wins against Atari games

Victory for RapidShare: On appeal got the online service law.

T he RapidShare AG in the right in dispute over the scope of their audit duties. The company had appealed against a decision of the Landgericht Dusseldorf in March 2010 which RapidShare had not taken sufficient measures to prevent the spread of the PC game “Alone in the Dark” through its platform. The plaintiff was manufacturer Atari. The Higher Regional Court Dusseldorf was the revision takes now and dismissed the action.

The court considered the arrangements by RapidShare against the proliferation of copyrighted material as sufficient and deemed demanded by Atari measures for unreasonable or not effective. So one could Rapidshare example not impose track all files by word filter and delete in their file name appear certain keywords. This arises the danger to delete legitimate files. Also a manual review of content, which is suspected infringements, stand because of the associated human effort disproportionate to the potential success.

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Atari also requested that RapidShare searches should prevent in particular link collections. The court also rejected this demand because RapidShare is consistent with the abovementioned websites not affiliated and whether the entity therefore impossible to influence their content. (Ul)

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