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A comment on Popcorn Time repository unavailable due to DMCA takedown. Parent comment

Re:Popcorn Time repository unavailable due to DMCA takedown by koheripbal on Tuesday May 05, 2020 @09:32AM (#23079840)
SCOTUS has ruled that creating a program who's purpose is to circumvent copyright, is a violation.

> Held: One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, going beyond mere distribution with knowledge of third-party action, is liable for the resulting acts of infringement by third parties using the device, regardless of the device’s lawful uses.

source: https://www.law.cornell.edu/supct/html/04-480.ZS.html

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Re:Popcorn Time repository unavailable due to DMCA takedown by CWuestefeld on Tuesday May 05, 2020 @09:58AM (#23080057)
SCOTUS has ruled that creating a program who's purpose is to circumvent copyright, is a violation.

This doesn't contradict the claim you're responding to. It may well be that Popcorn Time is illegal by way of contributing to copyright abuse, as you claim.

But that doesn't make a DMCA claim the correct tool for taking it down. As was said earlier, a DMCA claim specifically asserts ownership of the IP in question, and that is clearly not applicable here.

So sure, there's probably some tool that could be used to get it removed, but DMCA is not it. I'd guess they'd need some kind of more general cease and desist.

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Re:Popcorn Time repository unavailable due to DMCA takedown by koheripbal on Tuesday May 05, 2020 @11:29AM (#23081079)
...which is there was no DMCA in this situation. The title is wrong. They didn't file a DMCA claim.
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Re:Popcorn Time repository unavailable due to DMCA takedown by Gaelan on Tuesday May 05, 2020 @12:42PM (#23081947)
…what? The repository [0] shows up as "unavailable due to DMCA takedown," and links to a notice [1] that explicitly references the DMCA.

[0]: https://github.com/popcorn-official/popcorn-desktop

[1]: https://github.com/github/dmca/blob/master/2020/05/2020-05-0...

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Re:Popcorn Time repository unavailable due to DMCA takedown by koheripbal on Tuesday May 05, 2020 @01:32PM (#23082533)
That's because Github doesn't have a different message for non-DMCA threats of lawsuits. If you look at one of the other top-level comments, you'll see that they didn't actually get a DMCA takedown - but a threatening lawyers letter.
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Re:Popcorn Time repository unavailable due to DMCA takedown by fennecfoxen on Tuesday May 05, 2020 @09:55AM (#23080031)
But is it a violation that you sue about, or a violation that you are entitled to take down with a DMCA notice?
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Re:Popcorn Time repository unavailable due to DMCA takedown by koheripbal on Tuesday May 05, 2020 @11:29AM (#23081084)
The title is incorrect - there was no DMCA notice.
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Re:Popcorn Time repository unavailable due to DMCA takedown by crististm on Tuesday May 05, 2020 @11:23AM (#23080991)
Probably we should go on the negative recipes then, the way they did back during prohibition (e.g "do not do that with this solution")
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