Re:Popcorntime is leaving GitHub
by MatthewWilkes on Sunday July 13, 2014 @01:32PM
(#8028007)
One of the bare requirements is a statement that the complainant has a good faith belief that the material itself is infringing. This letter says they have a good faith belief that the PopcornWhatevers are being used to infringe. They then back that up with citations of related cases. This request doesn't meet the bare requirements you mention, they're chancing it.
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Re:Popcorntime is leaving GitHub
by gamblor956 on Sunday July 13, 2014 @01:49PM
(#8028082)
No, you need to read the actual law, 17 USC 513(c)(3)(A)(3), and the cited cases.
The statute on its face doesn't require actual facts of infringement to be included in the notice, only a good faith assertion that infringement (or use in infringing activities) is occurring. Consequently, that allegation is sufficient for purposes of the DMCA notice. Indeed, that is the holding of the cited cases, which are included with the notice to show that courts have found that a good faith belief of infringement is sufficient.