Quote:
Originally Posted by daizzzy
Perfect 10 never bothered to inform it about where the infringed images were located, and because RapidShare has no search function, it was unable to find the images in order to remove them.
?RapidShare cannot locate and delete files where the only information provided is [an] image,? claimed the defendants, who stated that their Abuse Department had found and taken down ?certain files whose download links were identified on the screen shots that [Perfect 10 owner Norm] Zada attached to his declaration.?
Huff ruled that Perfect 10 had thus failed to show that RapidShare had failed to take simple measures to ?prevent further damages to plaintiff?s copyrighted works. Rather, the evidence suggests that RapidShare is using information provided by plaintiff to locate and remove infringing materials, and is also taking independent steps to identify, locate, and remove infringing files.?
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All of that is why I expected them to lose. Stupid posturing and not telling RS what files they wanted deleting. God knows how much money they are now going to carry on and throw at something they can't win.