kuroshima
Curator
Spaniard Despite Himself
Posts: 19
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Authored by kuroshima on Aug 21, 2013 10:12:43 GMT
Full title: German Supreme Court Confirms RapidShare Must Police The Internet And Restrict Anonymous Use Read all about it here. Personally, I think this means that Rapidshare will have to withdraw from Germany (and possibly the EU) as it's not possible to police what random joe does in random message board X. The German supreme court has given them an impossible task to do.
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Authored by tiger99 on Aug 21, 2013 10:27:37 GMT
I would expect that this will be appealed to the EU court system, because it is unlikely that the EU would take the same view. It just is not practicable. However, the process may be complex and slow. Meanwhile, it would seem that only Germany is affected, as a Gernam ruling does not have any authority beyond their boundaries, unless the court was specifically sitting as an EU court, which seems to not be the case.
An EU court is usually just a judge, or panel of judges, sitting in one of the national courts, but acting as EU judges. I expect that, from past results involving rectangles with rounded corners, an English court would be as good a place as any to hear the case at EU level.
I don't think that most of Europe needs to panic over this.
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gringo
Veteran Member
Posts: 29
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Authored by gringo on Aug 21, 2013 11:32:46 GMT
This ruling is a disaster. It sets a terrible precedent. I had no idea about the earlier court rulings involving RadpidShare. Next they will go after YouTube in Germany.
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Authored by ukjayb on Aug 21, 2013 11:37:30 GMT
Next they will go after YouTube in Germany. That was exactly my thoughts. These are the same arguments made for why YouTube should be responsible for copyrighted material that shows up without the owners' consent. It's not Google's problem to proactively take the offending content down. It is their responsibility to take it down retroactively once a takedown notice has been received. The RapidShare situation should be no different.
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