Bundesgerichtshof [Federal Court of Justice of Germany], Atari Europe v. Rapidshare, I ZR 18/11

Document type
Court Decision
In this case, RapidShare neglected to check whether certain files violating Atari's copyright over the computer game "Alone in the dark" were stored on its servers by other users. The court acknowledged that reviewing every file that is uploaded by a user on the server would render RapidShare file-hosting service’s business impossible. Nevertheless, RapidShare should have checked its servers for similar infringing material stored by other users. Therefore, the Court noted, a hosting provider is not only required to delete files containing copyrighted material as soon as it is notified of a violation by the right holder, but must also take steps to prevent similar infringements by other users in the future. See also Husovec
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)