Rapidshare.com is located in Switzerland, thus they are in a country that isn't even part of the European Union. So neither German nor EU law is competent for them. But indeed, their servers are positioned quite near to the German central
Internet Exchange Point DE-CIX in Frankfurt, a fact that gave GEMA some limited juridical ammunition.
From the adjudication seen in the last years in Germany I would expect that RS.COM is an will be for the foreseeable future a legal service. The injunction last year made that quite clear, even while GEMA tried to call it a victory, the court only ordered RS.COM to supervise two websites (rapidshared.org/link.io) with links to files on RS. An idea only a judge could come up with. But they stated that RS is no offender or partaking in copyright infringement.
Update: For those who are interested in the problem RS faced. The connection to one of their carriers, Level 3, completely broke and thus they had a whooping 50Gb/s less bandwidth. Not a good thing on a Saturday evening, especially, because their DNS-Servers are in the IP range of Level 3 as well. So if you didn't have had cached the corresponding DNS to IP resolution, you couldn't reach the other running servers as well. Still enough people had the correct IPs and completely sucked the remaining 140Gb/s, bringing the rest of the server farm to a crawl, too.