FILESHARING FIRM Rapidshare has won an appeal against Atari in a German High Court.
German High Court cases sound about as fun as anything serious and German, and at issue here was whether the Rapidshare website had done enough to prevent the illegal sharing of Alone in the Dark. In short, apparently it had.
Like some other firms before it, Atari Europe thought that Rapidshare had not done enough to stop the spread of the game over its pages, and in an display of litigiousness worthy of any technology firm, hurled some lawyers in its direction.
The result was a Dusseldorf Regional Court ruling in March of last year which found that, indeed, it had not done enough. However, today the filesharing outfit announced that it had won an appeal against this verdict. Something that suggests that it is Dusseldorfian courts that are short of things to do, and not filesharing websites.
"The Higher Regional Court of Düsseldorf acknowledged RapidShare's efforts against the distribution of material that is protected by copyright and deemed the additional measures required by Atari to be unreasonable or pointless," it said in a statement.
The Court apparently found that the measures required by Atari went too far. For example, it had asked that the firm automatically retrieve and delete all files containing certain keywords.
Rapidshare countered that this could go too far and force it to delete legal files that just happened to include the relevant keywords. If argued that doing this manually would also be asking too much of the firm. This time, the court agreed.
Rapidshare's lawyer and spokesman, Daniel Raimer was pleased with the court's decision, and responding to it, he added, "The ruling demonstrates once again that RapidShare is operating a fully legal range and has taken measures against the misuse of its service which go beyond the level that is legally required. We are confident that copyright holders will gradually come to accept this conclusion."
So, never mind Alone in the Dark, it appears that Atari is alone in its belief that Rapidshare was at fault. µ
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