Uploaded.net has been condemned in Germany for not doing enough to deal with piracy. The platform has been criticized for not being active enough about pirated content.
The host should not only immediately delete the file notified to the copyright owner: they must also take a proactive approach to prevent the reported (withdrawn) pirated content from being put back on the server. This is the meaning of the German court’s decision in a case involving Uploaded.net.
The ruling report reported by Torrentfreak indicates that, after receiving the notice, the court has not found sufficient host country policies in place to remove pirated content identified by the entertainment industry. They argue that services dedicated to remote storage must also verify that there is no online delivery.
As a reminder, within the European Union, the 2000 Electronic Commerce Directive established a liability regime for Internet service providers and hosts.
The current principle is that acting as an intermediary for “simple transmission” (Article 12) or passive hosting that does not interfere with the selection or creation of hosted content (Article 14) benefits from the exemption system for customers using their services.
They can be held accountable only if they do not take “immediate” action to withdraw or prevent others from accessing the illegal content that has been notified to them, but this does not stop the court or administration. Requires precautionary measures to prevent violations of rights. Just like the German court’s decision.
A very popular website
Uploaded.net, based in the Netherlands, is a highly appreciated platform for Internet users who do not use files without considering their copyright.
That’s enough by looking at the number of dereferencing requests Google has received for the site: more than 7 million. Therefore, it is not surprising that Uploaded.net appeared on the blacklist of the most serious piracy sites, and RIAA and MPAA, two organizations responsible for defending the interests of American optical discs and movie theaters, hope to disappear.
The operation of Uploaded.net is very simple. When a user uploads a file to the server of the service, he has a link that can be shared on the network. This way, those who clicked on the file could download the problematic file to their PC. It is this ease of use that has made websites such as RapidShare, MediaFire, 1Fichier, and even MegaUpload successful.
The verdict was issued on August 10 and is not final. The host retains the hope of appeal, hoping to reverse the verdict determined at the first trial and avoid having to set various filters to control the files sent to its server.