- #Popcorn time legal how to#
- #Popcorn time legal movie#
- #Popcorn time legal software#
- #Popcorn time legal code#
Now let's assume PopcornTime development halts, but Hollywood carries on and a new movie is added to the site PopcornTime links to. If that's the same thing as infringing on the movie copyright itself, then PopcornTime infringes on every movie listed on that site, provided a PopcornTime user has at some point actually followed the links. It is a tool intended to be used to commit infringement, so they will get in trouble when this goes to court, but it's a different kind of trouble from direct infringement.Ĭonsider this thought experiment: PopcornTime points users to a site that lists torrents of movies.
#Popcorn time legal software#
PopcornTime software itself is not an infringing work on those movie copyrights. PopcornTime software does not include any of the movies (or portions thereof) owned by the studios complaining. The infringing material is the PopcornTime software itself.Ĭontributory liability for infringement is not the same as the infringement itself. In this case, the infringed material is a list of movies owned by the claimant that are distributed via PopcornTime. > Also note that the infringed and infringing material are to be specified separately (c.3.a.ii,iii). > a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent. > notices of the form described in c.3 represent a sufficient de jure form of providing the information in c.1.A.iii that would void immunity if not acted upon.Ī deficient notice attempting to trigger c.1.C doesn't get to use c.1.A as a fallback. their IP, nothing prevents such a statement being present, either. Though they needn’t cite anything to justify their “good-faith belief” that the software itself is in violation of copyright law wrt. The infringing material is the PopcornTime software itself. Other means of providing this information to the service provider also require them to act, but will need to be examined on a case-by-case basis in court.Īlso note that the infringed and infringing material are to be specified separately (c.3.a.ii,iii). My (possibly incorrect) interpretation of this is that notices of the form described in c.3 represent a sufficient de jure form of providing the information in c.1.A.iii that would void immunity if not acted upon.
#Popcorn time legal how to#
That’s ultimately a good thing, because otherwise GitHub would not be eligible for 512(c)’s immunity in this or similar cases, and would need to keep an army of lawyers on staff to evaluate the copyright status of all the content that goes through thir systems.Ĭ.1.C describes the effect of a notice in essentially the same terms as c.1.A.iii, which describe how to maintain immunity generally when informed of the circumstances in the other two clauses of c.1.A. But, on the face of things, this seems like one kind of scenario envisioned by the drafters of the statute. I won’t get into whether or not Grokster should apply, as I haven’t read it and am not a lawyer.
#Popcorn time legal code#
The notice provides the Grokster verdict as evidence for their good-faith belief that distributing the source code isn’t allowed by copyright law. 512c), the purpose of the notification is to inform GitHub of “facts or circumstances from which infringing activity is apparent” (1.A.ii), and the notice should include, among other things, “A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by.
A DMCA take down notice describes a particular resource that the claimant claims to be their intellectual property.Īccording to the text of the relevant statute (17 U.S.C.
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