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Re:Popcorn Time repository unavailable due to DMCA takedown by Retric on Tuesday May 05, 2020 @10:41AM (#23080498)
Fanfiction of Calvin and Hobs with Calvin the 45 year old parent of an 8 year old girl could easily be transformative without reusing any plot elements. However, if 10 people are all going to end up with the same Hash from the same bit stream you can’t argue it’s a creative endeavor. It’s also not a tiny excerpt as changing even a single bit of the work out result in a different hash. Thus the size of the hash is irrelevant, it’s still copying from the full work.

The only possibility I see is to argue the hash as a simple fact without copyright protection, But, the contents of a book is also a piece of factual information yet copyright is not irrelevant.

PS: As much as you want to use burning as an analogy, a burned book can’t be used to verify a download of the original work where popcorn time’s hashes can.

Re:Popcorn Time repository unavailable due to DMCA takedown by michaelmrose on Wednesday May 06, 2020 @02:21AM (#23088348)
The hash matches an infinite subset of infinite works. The same thing can glibly be said of any digital representation but the difference is that an algorithm exists to turn the number represented by the flac file back into sound that human beings can enjoy. None such exists for a hash it can never be turned back into the original nor even a piece of same.

Copyright isn't about mathematical derivatives its about protecting the licensed distributor as the sole source of the work. A single screen of a movie or a single page at least is part of the work. Even the first letter of the first word of a book represents a larger portion of the work. It's one nothingth of the work because you can't even derive that first letter from it. Judges are probably substantially interested in the purpose of the law. In math not so much.

Re:Popcorn Time repository unavailable due to DMCA takedown by afiori on Tuesday May 05, 2020 @01:10PM (#23082294)
> used to verify a download of the original work

I have nothing against arguing that hosting hashes is illegal. It is not that far from facilitating piracy. What I am quite sure is that the hash itself is not covered by copyright.

If you can prove that I am hosting a file whose hash is equal to the hash of a mp4 file that encodes your movie then you can (probabilistically) prove that I am hosting that same file. This is also exactly how bittorrent authentication work if I remember correctly. (my only defense would be to exhibit a non-your-movie- file that still has the same hash)

But this would be no different (or at least comparable) than offering an easy to use list of download links. It would still have nothing to do with whether those links/hashes are derivative or not.