Re:Popcorn Time repository unavailable due to DMCA takedown
by pbhjpbhj on Tuesday May 05, 2020 @06:50AM
(#23078591)
I don't think your analysis is correct. Contributory infringement is not itself infringement, it is enabling someone else's possible infringement.
Two asides: iTunes is a contributory infringer in the UK as format shifting is not allowed here.
A similar situation to that you describe does arise in Germany, IIRC. The law was changed (last year?) to make hosting of software that is intended for criminal activity to be a crime itself.
There was a flurry of interest at the time, and I'm not sure if the German government followed through. But, that would make GitHub potentially liable for hosting "nefarious" applications (and with no safe harbour arrangements, AFAIR).
Two asides: iTunes is a contributory infringer in the UK as format shifting is not allowed here.
A similar situation to that you describe does arise in Germany, IIRC. The law was changed (last year?) to make hosting of software that is intended for criminal activity to be a crime itself.
There was a flurry of interest at the time, and I'm not sure if the German government followed through. But, that would make GitHub potentially liable for hosting "nefarious" applications (and with no safe harbour arrangements, AFAIR).