District Court Denies Preliminary Injunction Against File Sharing Service
By Leocadie Welling – Edited by Ryan Ward
Perfect 10, Inc. v. Rapidshare, No. 09-CV-2596 (S.D. Cal. May 18, 2010)
On May 18, the District Court for the Southern District of California denied plaintiff Perfect 10’s motion for a preliminary injunction against RapidShare, a file sharing service. The court held that Perfect 10 failed to show a likelihood of success on the merits of their direct and contributory copyright infringement claims against RapidShare, finding it particularly significant that RapidShare does not index its users’ files.
The court also noted that, when ruling on motions for preliminary injunctions, the Ninth Circuit has continued to use a presumption of irreparable harm when a plaintiff demonstrates a likelihood of success on the merits, in contrast to the Second Circuit which recently held in Salinger v. Colting that a plaintiff must show “he has suffered an irreparable injury” prior to obtaining a preliminary injunction.
MediaPost provides a brief overview of the decision, noting the court’s comparison of RapidShare to Napster. Ars Technica discusses the decision, noting past unsuccessful legal action by Perfect 10 and a recent German legal victory by RapidShare. The Legal Satyricon summarizes and criticizes the decision, arguing that RapidShare and similar sites are obviously liable for contributory infringement. (more…)