Appeals Court Sides With File-Hosting Site Over Atari

Appeals Court Sides With File-Hosting Site Over Atari

A German appeals court threw out a judgment Atari had won against RapidShare, the popular file-hosting site where Atari says copies of games from its Alone in the Dark series were being illegally shared.

Atari Europe had wanted RapidShare to take responsibility for blocking downloads of the files, and the ruling of a lower court in Düsseldorf, Germany agreed. RapidShare appealed, and the Higher Regional Court of Düsseldorf found in its favour; the additional measures that Atari demanded are “unreasonable or pointless”, RapidShare said in a statement, as reported by Ars Technica.

The same court overturned a ruling against RapidShare in a different case last year, and the site also prevailed in court in the US, notes Ars Technica, though copyright holders seem as resolute as ever to take these online file sharing channels to court.

Atari’s Copyright Attack on RapidShare Unplugged [Ars Technica]


    • AitD2 had way too much combat and AitD3 was just plain silly (zombie cowboys and Carnby reincarnates as a wolf). The New Nightmare was… meh, passable. Don’t have many memories apart from the neat lighting of the player’s flashlight and the fact that you start off in different locations depending on your player character choice.

      The new Alone in the Dark was beyond mediocre. Atari vested way too much in it legally, trying to chase down people publishing early reviews having played pirated copies and now this RapidShare business. Not sure if the PS3-exclusive Inferno version fixed anything substantial.

      • Alan Wake is exactly what Alone in the Dark wanted to be. A highly underated game (Alan Wake I mean), cant wait for No.2

  • …they must have a good defence, because it seems like common sense (to me, at least) that if someone uploads 8gb of a game to a public host it’s got something to do with our patch-wearing and stilt-legged friends.

    • Thats true. But who’s to say its not a personal backup, or a freeware game, or (lol) a linux distribution? The problem is it would be very complicated and impracticle to devise a system or task force to audit every file.

    • It’s the same with freight in regards to container ships.

      You she a boat (the host) with a crap load of containers (files).

      What they contain is on a shipping declaration. (I don’t think there’s anything of the sort with hosting)

      Now there isn’t enough manpower in the world to sift through every container that passes through the bigger ports in the world so these shipping declarations are, for the most part, taken on face value.

      If you were to enforce, or mandate the screening of every single file / shipping container you would backlog everything exponentially.

      Now in regards to freight that’s impossible as well as impractical. You would pretty much cause a cease to all shipping transportation which would bring much of the world to a screeching halt.

      With file-sharing perhaps they could implement a declaration on the part of the uploader, then simply store a file that contains the declaration along with the IP and a reference to point directly at the stored location of the hosted file.

      Then when the file is found to be in breach of whatever random law the RIAA (or any other body fond of law suits) finds grounds to place charges on, you’ve got at least an IP to go on (hardly a street address but whatever) and the declaration to add weight to the claim.

      It would also mean the Hosts can just have a read of the declaration and decide “Yeah we’ll host that.”

      or “Sexual encounters with animals!? We should probably bounce that.”

      Frees up the host to do their thing, and at least have SOME form of safety / screening.

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