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News written by Ben Reid (January, 2007)

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GEMA obtains injunctions against RapidShare

Written by Ben Reid @ 20 Jan 2007 11:22

GEMA obtains injunctions against RapidShare GEMA, Germany's society for musical performing and mechanical reproduction rights, has obtained temporary injunctions against the operator of poupular data exchange services and is said to have used copyrighted works of GEMA members "in an unlawful fashion".

The & .de services operate in a near identical fashion. They both allow users to upload content on virtual storage space, which therefore makes it publicly available.

GEMA spokesman Hans-Herwig Geyer believes neither site should be permitted to continue operations in their present form, according to Heise Online.

The collecting society is demanding details be revealed by RapidShare's operator of exactly how many copyrighted files of GEMA artists it currently stores without permission. However, according to Geyer, RapidShare has to date claimed it has no knowledge or control of the content uploaded by its users.

The District Court in Cologne, from whom the injunctions were obtained, has made it clear that although it was the users and not the operators that uploaded the content in question to the RapidShare servers, this did not, (at least from a legal point of view), make the operator of RapidShare any less liable for copyright infringements occurred within the context of the services.


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