Germany's RapidShare Giving Record Labels User Info

BERLIN -- German-based file hosting service RapidShare is reportedly passing on user information to record labels seeking copyright violators.

The move appears to stem from a recent raid on a user accused of uploading a copy of Metallica's new album Death Magnetic, just prior to its release, according to German news services.

Record labels are now pursuing the avenue of attack on illegal file-sharers based on paragraph 101 of German copyright law, which allows rights owners or their representatives to seek a court order to force Internet service providers to hand over information on users associated with Internet protocol addresses, reports ArsTechnica.

Various sources indicate RapidShare was asked for the user's IP address using the German law and then ISP Deutsche Telekom was asked to provide the user's personal information, including his home address.

RapidShare is one of several large file-hosting services that have come under the gun for allowing copyright material to be shared via download links. In January 2008, the site was accused of fostering illegal file sharing by German recording association GEMA. RapidShare claimed it was responsible for the content on the site, but a court in Dusseldorf ruled otherwise and by October, had ordered the site to remove all illegal content and it has been fighting courts and rights-holders since.

Opponents charge the interpretation of the German law will bring more take-downs of file sharing and BitTorrent listing sites, but argue it will be the end of shared legal content as well because it is too difficult for each website to police every file uploaded or link placed on a site. TorrentFreak called the news, "a dream come true for copyright holders, but a nightmare for the privacy of Internet users."

ArsTechnica notes a similar reaction came earlier this year in the U.S. when Last.fm reportedly gave user data to the Recording Industry Association of America, though both parties denied the exchange. However, Last.fm has the American DMCA Safe Harbor protection on its side, which is not the case when it comes to German copyright law.

According to Ipogue, which oversees RapidShare's deep packet inspection, the site accounts for half of all direct-download traffic.

In related news, German book publishers want RapidShare access blocked and want to use the provisions found in the nation's recently passed law designed to block access to websites hosting child pornography.

Internet rights orgs have been quick to decry such a move, stating that the blight of child porn can in no way be matched or even partially compared to the pirating of music, film or game material.