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The translation was created by hand and is therefore not totally accurate or error free, but certainly better than a translation by a machine. Please note this!
We received the confirmation of our thesis via email, which shows us we were right.
Already on 14. March our gulli-editor MSX reported about a house raid, which took place by an uploader of Rapidshare.
The person had uploaded the Album "Death Magnetic" from Metallica onto the Filehoster, one day before the worldwide release of the album.
It took a few weeks, until the house raid was proceeded at the uploaders home and the order of the judge, to raid the house, was soon after that posted in a forum, where it got into the hands of my colleague MSX.
At first view, it seemed like an ordinary judge decision, with the detail it was ordered against an Uploader of Rapidshare.
There could have been thousand ways the public prosecutor could have got the IP address of the person. The scanned decision was transmitted to me by my colleague, so I had the chance to take a closer look at it and could see how that happened.
An email, which was forwardded to us soon after that and was sent from the Support of Rapidshare, confirmed our suspicion: The civil law based information claim had to be used to get the IP address. This information claim was implemented 01.09.2008 and gives rightsholders the ability to bypass the public prosecutors to get to the IP addresses of suspected copyright infringers.
A list of IP addresses can be brought to a judge and if he signs the civil law-based information claim, the providers have to tell the names an adresses to the given IP addresses. But until now, it was only used for P2P users and Providers.
Now it obviously seems, that it can also be used for something else.
A short time later, after we'd investigated further, we published an article about the whole facts explaining the process, that the rightsholders apparently tried to use with the civil law based information claim.
Filehosters with servers in Germany can be forced to hand over IP addresses of alleged copyright infringers, due to this information claim, but we haven't been able to get written confirmation and contact with the prosecutor's office, which requested the house raid, was still without any outcome. However, we received a pdf in an email that backed up our thesis.
It shows a ceas e& desist letter from the German lawyers Rasch. Lawyer Rasch fights together with his company ProMedia against Filesharer and also has an intensive contact to the Rapidshare AG.
It was known for a long time that ProMedia owns a deletion tool which allows them to terminate Uploaders that have taken place at Rapidshare, if they infringe copyrights.
The cease & desist letter also talks about Uploads at Rapidshare.com. The letter tells the user uploaded the files twice, after they got deleted the first time. The most interesting thing is however, this:
As you can see in the second paragraph, the lawyer contacted the German providers, the Deutsche Telekom AG, as well as Rapidshare AG through the § 101 UrhG.
This paragraph represents the civil law based information claim. As it follows, the district court Bielefeld signed the order. The Uploader was accused of uploading music-tracks for which the major labels are the rightsholders.
The uploader is accused of uploading the TOP 100 Music-Charts. The value of claim for an MP3 is about 10.000 Euro in Germany at the moment. 100 Tracks, 10.000 Euros. Finishes at 1.000.000 Euro value of claim. If the uploader gets sued and looses, he has costs of about 40.000 to find.
It seems the German content industry has found the ultimate weapon against copyright infringers, with the civil law based information claim. The only factor that is still not absolutely clear is: under what circumstances can it be used? The most probable assumption is the location of the servers.
At the moment there are alot of discussions, if the place of the servers is the reason why § 101 UrhG was applicable. A RS-Support mail tells, that this is not the main reason. The problem is, that the explanation is pretty strange. If german law is applicable, then they have to hand out the informations, the supportmail tells. A user in the gulli:board postet this mail and wrote the thought, that only links from german sites are the reason. The problem is: The cease & desist letter contains the forums, from which the rightsholders got the link. And those forums are not in germany. We also thought, that the german language could be the reason. But this would be crazy. Changing the sites language from german to english would solute the problem. We´re still waiting for an answer from the lawyer. Until that, the place were the servers are (and rapidshare has alot of their servers in germany) seems the most practicable point. We will work on. (Firebird77)
Update: Meanwhile Rapidshare AG has handed out a press release, in which they are confirming now, that they hand out user-data according to § 101 UrhG if it is fulfilled. The COO, Bobby Chang also mentions, that not the place of the servers is the key for the apllicability of the § 101 UrhG. Due to his opinion, every filehoster, provider in the world can be forced to hand out data, if the enquiry for the transaction comes from germany. This is a pretty inaccurate explanation, so we will stay on this topic and collect further informations.
News Redaktion am Donnerstag, 30.04.2009 20:44 Uhr
Too much spam & crap detected, thread closed. ...
Heutzutage ist die Internettelefonie neben Fest- und Mobilnetztelefonie immer gefragter. Per Internet zu kommunizieren ist nicht nur komfortabler und billiger, man ist zudem unabhängig von Tarifen, welche nur eine bestimmte Gesprächszeit günstig ermöglichen. Also wieso nicht auch Internet-Telefonie nutzen?
Sener Dincer am 14.06.2013, 11:47 Uhr
Bezugnehmend auf die anhaltende Protestbewegung gegen Ministerpräsident Erdogan hat nun auch der StudiVZ-Gründer Ehssan Dariani seine Ansichten offenbart. Via Facebook-Mitteilung teilt er mit, dass möglicherweise die Zeit für einen bewaffneten Kampf gegen die türkische Regierung gekommen sei – und zwar „Stauffenberg-like“.
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