Author
RabidSquirrel
Good Poster
Added: Sep 18, 2008 6:17 am
During the night I got all my Hegreart uploads deleted, while it definitely sucks ass Wink as i'd just uploaded them, it's not especially surprising. Uploaded Hegreart sets don't have that long life-expentancy, be that from manual complaints or from bots patrolling boards (i've heard about that but i'm not completely convinced they exist).

But the "funny" thing about this nights deletions is that ALL my Hegreart sets were flagged (i've deleted them myself), even ones that had not been posted on the board yet. So that means one of two things 1. Rapidshare searches the files (even the inside as not all filenames had Hegreart in it) and flagges files with words on their banned list 2. Hegreart (or their representatives) uses bots to search through rapidshare's servers and sends a complaint for each file it finds.

Of the two I find the latter exceedingly unlikely (from what I know Rapidshare doesn't allow bots to search their servers), so that means that the only way to combat this is to rename the files and encrypt the file names.

Well that is what i'm doing know for some the sets i've allready posted - then i'll have to see how long a life they have Wink

But have any of you guys experienced the same i.e. that files you hadn't posted on a board yet have been flagged/deleted from Rapidshare Question

Regards

RabidSquirrel
andylo
Godfather of Forumophilia
Added: Sep 18, 2008 12:37 pm
RabidSquirrel wrote:


But have any of you guys experienced the same i.e. that files you hadn't posted on a board yet have been flagged/deleted from Rapidshare Question




Shocked Never, ever ...


And legally they have not the right to delete ... the copyright's breached only if you share the links outside ... but if you use RS to just hold your files (You can RAPID without SHARE), there's nothing done against copyright laws ...

IMO you should complain to RS for non-shared files deletions ... for me it's clear that any file hosted at RS that has zero downloads means that you have not shared to anyone (better said, anyone has downloaded the file...) so the copyright of the pic owners remains intact ...
EggMcMoofin
Poster
Added: Sep 18, 2008 2:21 pm
Rapidshare inspects the files and deletes them. Not sure how they go about doing that exactly but I believe, based on what I've seen so far, that they do it based on the names of the uploaded archive files (ZIP and RAR) as well as the size and names of the files inside the archive. You can look inside a password protected archive but you can't do anything with it unless you have the password so that's how I believe they are doing it.
RabidSquirrel
Good Poster
Added: Sep 18, 2008 2:54 pm
EggMcMoofin wrote:
Rapidshare inspects the files and deletes them. Not sure how they go about doing that exactly but I believe, based on what I've seen so far, that they do it based on the names of the uploaded archive files (ZIP and RAR) as well as the size and names of the files inside the archive. You can look inside a password protected archive but you can't do anything with it unless you have the password so that's how I believe they are doing it.


I think you are right about how they go about it,but if you encrypt the filenames inside the archive (you can do that in RAR not sure about ZIP) they can not see what's inside if you use a nondesript name for the archive. Well that's what i've been doing with some of the sets i got flagged, so we'll see have long they last. Wink

Regards

RabidSquirrel
tfh
Respected Poster
Added: Sep 19, 2008 4:09 am
They also use the MD5 hack, basically a 'value' of the file so if you uploaded a rar of hegre #13 and I had uploaded a rar packed in the same way of #13 and had it be deleted, they would snag yours too... just dump a text file into the rar and change it every now and then.
Eponine
Good Poster
Added: Sep 19, 2008 12:31 pm
Is it possible that if they discover banned material in abatch of other material, that they might just delete all material posted around the same time assuming that it shares some similarities with the offending matter?
tfh
Respected Poster
Added: Sep 20, 2008 4:36 pm
The guy that was posting all the 'cam with' stuff on other forums [doum something] had all his stuff killed but he was posting dozens of cams from the major sites, so they may hit you for repeated offenses but from what i understand from experience, RS is real good at playing stupid... plus the fact that they really are stupid helps too, but i think they know where their money comes from and it's not the legal trading of photos of the dog show.
BadDevil
I'm probably spamming
Added: Sep 20, 2008 10:04 pm
Smile
drolli
Good Poster
Added: Sep 22, 2008 8:15 am
RabidSquirrel wrote:

But have any of you guys experienced the same i.e. that files you hadn't posted on a board yet have been flagged/deleted from Rapidshare Question


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".
RabidSquirrel
Good Poster
Added: Sep 22, 2008 10:44 am
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
drolli
Good Poster
Added: Sep 22, 2008 11:45 am
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.
drolli
Good Poster
Added: Oct 28, 2008 10:08 am
This message from Rapidshare underscores what I wrote. Rapidshare does not look into people's files and vows never to do so.

Quote:
RapidShare will not control Uploads

October 26, 2008
160 million files have already been uploaded to RapidShare. A number that proves, that the world depends on moving important data from A to B. A number that also proves, that RapidShare with its fast and easy services also addresses users that are no computer nerds.
RapidShare is the first technology worldwide that made sending big files so easy, so fast and so secure. The files can be stored as long as needed and can be recalled from anywhere in the world, they are strictly confidential and can only be accessed by the user that originally loaded them up, or alternatively can be distributed among thousands of people quickly and easily.
With a couple of billion page impressions per day we know, that we as a leader will have to pave the way for this new technology. We are aware of the fact that we therefore have big responsibility. If, for example, it had been regulated by law to control all copies before the first photo copier was invented, it is very likely that these machines would have never hit the market. That's why we are doing everything to enable this new technology - which is still very young, but already inspires millions of people every day - to be part of our future and make life more comfortable.
The security of personal data is very important to us, especially in these times. That's the reason why we will not spy out the files that our clients faithfully upload onto RapidShare, not now nor in future. We are against upload control and guarantee you that your files are safe with us and will not be opened by anyone else than yourself, unless you distribute the download link. RapidShare, of course, is against the distribution of illegal files and as soon as we are informed about illegal distribution, we delete these files and put them on a filter. But the general control of uploads is out of the question for us, because we think that especially in these times data privacy comes first.
RabidSquirrel
Good Poster
Added: Oct 28, 2008 11:07 am
Well I wouldn't put that much into the "never" part of that message, the fact of the matter is that Rapidshare has lost again in a german court. And the judge said that the 6 full-time staff Rapidshare has searching for illegal files and the hash check is not enough to satisfy the court. And as there are no safe-harbor provision in german law and as Christian Schmid (The owner of Rapidshare) resides in Germany he really has no choice but to follow the ruling (if it's upheld - I think they have appealed it) or face the consequences and that could very well be jail-time.

Here's a link to that case:

http://arstechnica.com/news.ars/post/20081001-german-court-says-rapidshare-must-get-proactive-on-copyrighted-content.html

Also that message is more like damage-control, so they can say hey we may have hiked our prices by 300% but at least we respect your privacy.

RabidSquirrel
drolli
Good Poster
Added: Oct 28, 2008 1:09 pm
Well... it may make sense for them to say "never", because they will fight that ruling, and in the end it really amounts to one thing... privacy!

I say that random, routine checks on their clients' files, basically would amount to searches without "probable cause".

How can a hoster be **** to spy on a client's files?
RabidSquirrel
Good Poster
Added: Oct 28, 2008 9:10 pm
Well even if we agree that our privacy should be respected, the fact of the matter is that you have no legal protection if Rapidshare should start snooping around in your files.
You are uploading files to a companys servers they offcourse have a right to inspect those files as it really is on their property.
The most interesting aspect of this from a legal point of view (i'm a jurist myself) is the fact that what seemed like a defacto safe harbor act in europe might be coming to and end.
With that i mean that the rightsowners have up till now been content to send out takedown notices also to owners of servers in Europe, if these lawsuits from Gema against Rapidshare is any indication, the rightsowners may be about to use the law as it is in the EU - namely you are liable for what is on your servers even if you don't know every single file thats been uploaded. So no safe harbor.
And in the US the safe harbor provision in the DMCA is also under attack from several angles so its gonna be interesting to see whats going to happen in the years to come.

RabidSquirrel