Burden Of Proof Should Be Put On Accused – Anti-Piracy Group Claims

February 3, 2012

A German anti-piracy group, GVU, is claiming that since the take-down of file-sharing super site MegaUpload there has been a upward registration trend of the sites that offer membership rewards for files that are uploaded that are highly popular. They also note that since the time of the bust, there has been a downward tend in registration on the sites that don’t offer rewards.

Because of this reason alone, they are asking that the burden of proof that the file sharing companies are, (or are not,) encouraging copyright infringement should lay on the “cyberlocker” site. GVU concedes that there is a lot of content and files that aren’t infringing on any copyrights, but they say that there are also a lot of infringing movies, TV, software, and other material.

Avoiding Liabilities

The GVU claims that the burden of proof should not be the responsibility of the rightsholders. They say that the cyberlockers should have the burden of proving that they aren’t encouraging their members to upload and share illegally gained copyrighted material. At this point, it has yet to be determined how this can be achieved, but in Germany they aren’t strangers to this kind of litigation. They already have laws that make the domestic internet user responsible for the downloads and uploads that happen on their internet account.

Uploading Didn’t Decrease

In the weeks following the MegaUpload take-down websites like Torrent Freak checked out the membership registrations for the file-sharing and cyberlockers and found that sites that offered membership rewards for members that uploaded content that was very popular was on the increase. And while the membership registrations decreased in this period for sites that don’t offer the award programs, some sites withdrew their reward programs in the threat of the government interference. But the study also showed that after the MegaUpload take-down, membership registrations increased overall…showing that you may can take one of the sites away, but the members will take the file sharing elsewhere.


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