Interesting points in this article.
…RapidShare cannot be held responsible for actions of third parties, since it forces people to choose how their content should be distributed rather than making it automatically available to the public.
Notwithstanding the tracker, if sites such as The Pirate Bay allowed users to set access controls over their uploaded torrents, would they also stand a chance to be absolved in a similar fashion?
Numerous filtering schemes were discussed, and none of them was deemed to work.
In addition, the appeals court took aim at several filtering schemes. Blocking all files of a certain type (such as RAR files) was deemed inappropriate, since a file type has no bearing on the legality of an upload. Scanning by IP address was also tossed, because numerous people can use a single IP address. File name filtering tells you nothing about the contents of a file, so that was tossed. Even content scanning was problematic, as the court noted that this would just lead to encrypted files. Besides, even if you could know that a file was copyrighted, it could still be a legal “private backup” not distributed to anyone else.
A sign that things will only become more murky and complicated after that fight with The Pirate Bay.