The news that European Internet Service Providers did not have to give up names of customers to members of the Music Industry and other organizations in civil cases hit the Internet by storm. Everyone seemed to think that this was a major victory for consumer rights. It probably is in some countries but let me explain how this is easily circumvented, at least in Germany.
Court orders Rapidshare to take preemptive measures against copyright infringement
I was under the impression that courts are ruled by fact and reason but it becomes apparent that some judges are not able to cope with technology and the fast changing online world. A court order issued on January 23th by the District court of Dusseldorf, Germany ordered Rapidshare to take preemptive measures against copyright infringement. This does look nicely on paper but once you take a look at the practical implementation it is a (nearly) impossible task.
Rapidshare vs. Gema
Rapidshare, one of the largest file hosters in the world, is currently under heavy fire in Germany. The Gema, which administers the copyrights of more than 60,000 members as well as those of over 1 million rights owners from all corners of the world managed to get a court ruling in their favor. The court ruled that the hoster could be held responsible for copyright violations committed by users who upload copyrighted material to Rapidshare servers. The court furthermore ruled that Rapidshare had to implement filters that would prevent further copyright violations.
