The German collecting society GEMA has obtained from the District Court in Cologne temporary injunctions against the operator of the data exchange services http://www.rapidshare.de and http://www.rapidshare.com. The latter is said to have used copyright protected works of GEMA members in an unlawful fashion. The services make virtual storage space available into which users can upload content that is thereby made publicly available to other users. GEMA spokesman Hans-Herwig Geyer told heise online that the services should not be allowed to continue to operate in their present form. The collecting society is now demanding that the operator provide details on how many copyright protected works of GEMA members are currently stored on the said sites.
According to GEMA, the service http://www.rapidshare.de in particular has at times boasted of making some 15 million files available to its users. The operator had however failed to obtain from GEMA a license for making copyright protected files available, the collecting society spokesman observed. To date RapidShare had claimed not to have any knowledge of the content uploaded by the users and of not being in a position to control the same, the spokesman continued. Through its injunctions the District Court in Cologne had now however made it clear to the company that the fact that it was the users and not the operator of the services that uploaded the content onto the sites did not, from a legal point of view, lessen the operator