A German court has ruled that Rapidshare.com isn't doing enough to combat piracy and that its filters are ineffective. The court decision of the Hamburg district court, which was published a few days ago, states that Rapidshare has to become active against copyright infringements as soon as rights holders make the companny aware of them - a rule that is somewhat similar to the DMCA in the United States.

However, Rapidshare has to do a lot more than just take down infringing content. The company also has to "proactively check content before publishing it" if there have been similar infringements in the past. Rapidshare has to log and check IP numbers of potential infringers as well, according to the court decision.

Rapidshare has been using a MD5 Hash filter to prevent the upload of previously removed material, and it told the court that it it has six employees working full time to remove infringing content. The Hamburg court however ruled that this was not sufficient because infringers would only have to change a few bytes of a file in order to circumvent the filter.

Th court also ruled that Rapidshare cannot argue that it is impossible to stay in business if it would have to check every single file. "A business model that doesn't use common methods of prevention cannot claim the protection of the law", the decision reads.

(via gulli)

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