RabidSquirrel wrote:drolli wrote:
It could happen, Rapidshare bans files based on the MD5 hash (it does NOT care about filenames). What it means is, if a file goes down on someone's account, that same file goes down on everyone else's accounts. Say you uploaded a file to your account, but someone else also uploaded the same file and posted the link and that file gets complained on. That file would be deleted from all users accounts regardless whether they posted it or not.
The thing to do is make sure your files are unique: compress the archives yourself, put in filler content, etc.
AFAIK your suggestions don't hold up, Rapidshare does not search its hosted files (other than matching the MD5 hashes to a banned file list) and it does not make an index of its files available.
There are many myths going around, but as a long time Rapidshare user, I never had any reason to believe that Rapidshare bases its deletions on anything other than COMPLAINTS.
To me, anything else is just myth.
BTW, one need not be the copyright holder to make a complaint, and not only copyrighted files get deleted. Rapidshare's TOS also forbid any porn, pure and simple. As far as Rapidshare goes, any porn = "illegal content".
Yeah I can see what you mean, when I made the first post i sort of had the idea that maybe Rapidshare did search their servers for forbidden files. But as i've thought about it really makes no sense whatsoever - First Rapidshare would have to use a lot of resources - either manpower or processor power, and it would infact make their legal situation worse than doing nothing.
That stems from the DMCA legislation (I know rapidshare is based in switzerland but most ISP's and others in europe uses DMCA as defacto law) where the copyright owner sends a DMCA notice and then the server provider deletes the file , and after that it's a matter between (in the case of Rapidshare) the uploader and the copyright owner.
And infact by searching their servers they make themselves privy to knowledge they shouldn't really have. DMCA gives providers like Rapidshare the loophole to say: we don't know whats on our servers, so we have no liability but if you tell us about an infringement we will delete it and make sure it doesn't get uploaded again.
So in the case of my deletions, I think it's like you said: I uploaded files with the same MD5 hash as others that were deleted and that's why they were so rapidly deleted.
Regards
RabidSquirrel
Exactly. If Rapidshare would in fact devote some manpower to actually check on the files (which isn't viable at all, like you say) they would actually be
more liable because they'd have to justify why they deleted some files and not others.
A lot of copyright holders would of course like to have Rapidshare shut down for good, but that's how they protect themselves: they merely host files for their users, like any other hosting company they have no obligation to know what they are hosting (under current laws, at least). If they could be shut down, you might as well shut down any other web hosting company.
The one thing I disagree with you is you exaggerate the importance of the DMCA. As you say, the Europeans don't care about US legislation. AFAIK a DMCA takedown request has to be framed a certain way, and you have to be the legitimate copyright owner, etc. which is really unnecessary. My opinion is, Rapidshare in fact doesn't care how the takedown request is framed. If they get an email from someone telling them a certain file is copyrighted, or is porn, they just remove it immediately. They'd rather go safe than face any liability.
In fact you could get a perfectly legal file deleted from their system that way. Rapidshare does not bother to actually check on the files (it does not have the resources, and how could it in the case of encrypted files, say?) - besides, that might be a potential invasion of privacy.
I think that's the reason they introduced a 7-day period where the file is marked bad before it actually is removed from their servers.