This is common sense at its finest
http://www.p2p-blog.com/item-842.htmlA German court has ruled that the administrator of an Edonkey server can not be held liable for infringing downloads facilitated through the server if he takes reasonable steps to prevent such downloads. The court ruled against Warner Music Germany, which had sued the administrator last summer after they discovered songs of a Warner Music artist indexed by the server. Warner initially prevailed in court, but the admin appealed the ruling and was now able to defeat the major label, according to heise.de.
The court now decided that the admin didn't participate directly in the infringement because his server did not actually host the audio files. It also ruled that there was no intentional facilitation of infringement because Warner's lawyers couldn't prove that the Edonkey network wasn't at its core a neutral network. The court finally decided that a keyword-based filtering system was enough to stop infringement and that the server admin wasn't required to proactively stop future infringements of titles that were not part of the original complaint.
Oh dear what a terrible defeat for Warner, it seems they knew all along this man was innocent and had taken steps to try to filter out the content they complained about but in their greedy monopolistic eyes that wasnt good enough, now a court has let them know in no uncertain terms : "facillitating infringement" must mean the operator was encouraging such activity or was negligent in taking no steps to halt such activity when informed that there was infringement occuring, in that case its clear this was never the case, I hope Warner and the other Cartel halfwits are enjoying their humble pie
