
Popcorntime-desktop repository unavailable due to DMCA takedown - omribahumi
https://github.com/time4popcorn/popcorntime-desktop
======
kirualex
We could all argue for ages about the legality of such action, but we all know
what popcorn time is for : browsing and viewing copyrighted material.

The real issue is the current state of copyright law, created from an obsolete
model and then molded through intensive lobbying from the interested parties.

It was said thousands of times, and we will probably need to say it thousands
of times more to get this to change.

------
wyager
Ok, who's going to make PirateHub?

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Remiii
It's the same for popcorntime.io on GitHub: [https://github.com/popcorn-
official/popcorn-app](https://github.com/popcorn-official/popcorn-app)

------
PM_Tech
I absolutely love that the majority of this thread are claiming all sorts of
legal protections for Popcorn Time - all the way from free speech to ludicrous
comparisons with screenshotting screenshots.

So you guys love the law - right up until Crawford posted MGM vs Grokster as
the binding ruling and now suddenly it's all...

"The law is wrong and archaic!"

Honestly. You sound like teenagers throwing a tantrum. Just grow up and admit
you want to steal content you didn't pay for. I would have a lot more respect
for you than you. When you try and justify it you sound like a moron.

One poster below even went so far as to insinuate theft is OK because the
movie publishing houses have so much money. Is that the standard we apply is
it? If a company is successful it becomes OK to pirate their stuff?

Moron. Downvote away, it doesn't make the attitude any less moronic.

~~~
err4nt
I _dont_ steal content I didn't pay for. I have _never_ used popcorn time! yet
I am upset that the DMCA is applied here against code.

Surely if they have a copyright claim to the code they can issue it, but
issuing a copyright claim based on the actions of a software user is a BIG
stretch to me. Has nothing to do with a sense of entitlement.

------
rcthompson
Here is the direct link to the takedown notice:
[https://github.com/github/dmca/blob/master/2014-07-11-MPAA.m...](https://github.com/github/dmca/blob/master/2014-07-11-MPAA.md)

~~~
TkTech
That's actually one of the most reasonable takedowns I've ever seen on github.
It was clearly written by a human (ignoring the boilerplate) who had bothered
to actually look at the project and at how git[hub] operates ("forks",
"branches").

Normally it's just a long list of URLs flagged by a bot then sent without ever
having a human look at it.

~~~
rcthompson
Yes, it's very well written, except for the only sentence that matters, which
is a completely unsubstantiated claim of infringement that has nothing to do
with the rest of the letter.

Perhaps the spent some extra time making this look pretty because they
anticipated a bit of scrutiny?

~~~
PM_Tech
Apart from the fact of being completely substantiated of course. But hey,
don't let actual facts get in the way of your opinion.

------
hookshot
Unfortunately, it looks like it is impossible to use Popcorn Time for any non
infringing purposes. You can't add other trackers and it seems to filter out
torrents that aren't from popular movie/tv piracy release groups. The
screenshots and the software's tagline that "they want to make the experience
of watching torrent movies as simple as possible" support the argument that
they are aiming to satisfy a known source of demand for infringement.

The only case that could be defensible is that Popcorn Time is developed as a
proof of concept and is not intended for actual use. I still don't think it
would qualify because the use of Popcorn time as a way to stream movies is
more "commercially significant" than any other use.

~~~
glomph
You can use it to stream any torrent. Obviously that doesn't change its
primary function but it is a little different to your claim.

~~~
hookshot
how? I didn't see a way to add trackers or magnet links

~~~
glomph
Drag the torrent you want to add onto the client.

------
Siecje
If you create a video player that can play DVDs are you also infringing on
their copyright?

~~~
PM_Tech
You are if the video player finds copyright DVDs and then delivers them to
your door without the permission of the content creator. So yes. Stop being
absurd.

~~~
icebraining
How is the DVD player supposed to know whether you've got permission or not?

Buy the way, the fact that they're "copyright" is irrelevant. Every new work,
including ever Creative Commons license work is copyrighted.

------
arianvanp
There isn't any copyright-infringing material hosted on those repositories.
How can such a takedown request be taken seriously? I'm no copyright-guru but
this smells murky.

~~~
delluminatus
The text of the notice states, "Attached as Exhibit A is a series of
screenshots taken from within the applications of each Project that includes
images of copyrighted works available through the Projects"

In other words, the notice seems to be based on the idea that because
copyrighted works are _available through_ the application, the application is
an appropriate target for a takedown notice, on the basis of _some
screenshots_.

Maybe I'll issue a takedown notice for
[https://github.com/chromium/chromium](https://github.com/chromium/chromium)
and attach some screenshots of YouTube video listings.

~~~
eam
That's ridiculous. By the same logic, that's like trying to ban DVD players
because they too can technically play copyrighted material...

~~~
ewzimm
I could take a screenshot of their screenshot and issue a DMCA takedown
request against Windows. Unfortunately, the DMCA is set up to encourage
inmediate compliance with unsubstantiated claims for anyone witnout Microsoft-
level legal. That doesn't mean it will stick, and I bet Popcorn Time will be
back soon.

~~~
PM_Tech
^^ This is exactly why you are supremely unqualified to understand or debate
the issue. Honestly. Your comment was simply stupid.

The takedown request was not because the screenshots are copyrighted. That is
not the infringement. If you don't understand that then you might want to read
a bit more before becoming involved with the grown-ups.

~~~
angersock
Please don't launch into personal attacks (at least not as crude as these). If
you have a point to make, reason through it, post your sources, and debate
properly.

~~~
PM_Tech
It's not crude. The comment was stupid. It was ill informed, blunt and a
complete lack of understanding.

I don't need a source to prove it. The comment speaks for itself.

~~~
ewzimm
I'm sorry you saw it that way. I think the DMCA is flawed to the point where
crude requests are complied with. I would be happy to respond if you tell me
what you disagree with.

------
res0nat0r
I think software devs need to get used to the fact that if the app they are
designing is primarily used to facilitate or encourage piracy, then these type
of takedowns are going to happen.

~~~
idibidiart
Not if there was a p2p version of the github cloud that stored files in such a
way that makes a takedown attempt highly impractical. Potentially applicable:
[https://code.google.com/p/gittorrent/](https://code.google.com/p/gittorrent/)
&& [https://freenetproject.org/](https://freenetproject.org/)

What other tools can you think of that can replace github and make censorship
impossible?

~~~
PM_Tech
By censorship, you mean facilitate crime and remove money from people who
generate content?

Feel free to send me all of the proprietary data at your workplace since you
care nothing about copyright. Or just post it all to Pastebin.

~~~
anonbanker
Sure. I dislike the company i work for, and would love to disseminate their
proprietary software. I appreciate you wanting to be complicit in the crime we
are about to commit. What email address should I send it to?

------
llamataboot
A interesting code as speech issue could be made here for sure. Just because
one of the effects (even the main effect) of the software is facilitating
copyright violations, doesn't mean that the code itself is violating any
copyright. I don't think github will fight this, they probably on't want to
pick a battle with some of the most monied legal interests around, but I sure
wish they would.

~~~
PM_Tech
Except we all know it is. Just like I theoretically _could_ use a set of
lockpicks for something other than picking locks. But we both know what they
are for.

IT communities seem to think Judges are stupid or that the actions of general
crowd are somehow excused by the niche applications of a technology. That is
not the way society or common sense works.

~~~
iopq
You could take down the pirate bay legally because most of its use as a search
engine is for illegal content.

Of course you would also have to take down torrent client repository because
most people torrent illegal content. We know that most people who DOWNLOAD
videos get copyrighted material because free to watch videos are usually
available to stream.

Technically you could then take down Media Player Classic repository. Of
course it just facilitates watching torrents and bootlegged DVDs.

Popcorn time is literally bittorrent + media player + search engine. It's just
a convenient package. And as we've shown all of those things are illegal.

Do you see how slippery the slope is?

~~~
PM_Tech
It's not a slippery slope at all. It's quite clear cut.

If a shop was distributing fenced goods or human traffic we wouldn't allow it
to remain in business because they also distribute free and legitimate
groceries.

Do you see how slippery the slope is? You have left from the tiny tiny tiny
niche use of file transfer for free content to the massive industrious
downloading of intellectual property.

As long as you are still being paid your salary though...easy to have a faux-
morally superior position when it is not your efforts being ripped off.

~~~
iopq
You seem to miss that this project is based on three legal programs: a search
engine, a torrent client and a media player. What next, ban search engines
from displaying illegal content?

