From 01a67f0acca38ef58c18f716803e5a7f7acc01fa Mon Sep 17 00:00:00 2001 From: Haleigh Date: Fri, 11 Jul 2014 12:38:34 -0400 Subject: [PATCH] Create 2014-07-11-MPAA.md --- 2014-07-11-MPAA.md | 62 ++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 62 insertions(+) create mode 100644 2014-07-11-MPAA.md diff --git a/2014-07-11-MPAA.md b/2014-07-11-MPAA.md new file mode 100644 index 00000000..29a0a7b4 --- /dev/null +++ b/2014-07-11-MPAA.md @@ -0,0 +1,62 @@ +Re: Notice of Infringement of https://github.com/popcorn-official/popcorn-app, +https://github.com/time4popcorn/popcorntime-desktop, +https://github.com/time4popcorn/popcorntime-android + + +Dear GitHub Inc: + +The Motion Picture Association of America, Inc. (“MPAA”) represents each of the major motion +picture studios in the United States, specifically, Paramount Pictures Corporation, Sony Pictures +Entertainment Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC, +Warner Bros. Entertainment Inc., Walt Disney Studios Motion Pictures, and their respective +affiliates (collectively, the “MPAA Member Studios”), which own or control exclusive rights +under copyright in and to a vast number of motion pictures and television shows worldwide. + +We are writing to notify you of, and request your assistance in addressing the extensive +copyright infringement of motion pictures and television shows that is occurring by virtue of the +operation and further development of the GitHub projects Popcorn Time, and Time4Popcorn (the +“Projects”). + +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. The +representative titles shown in Exhibit A consist of only some of the motion pictures and +television programs that are owned or controlled by the MPAA Member Studios and that are +being infringed via the Projects. Exhibit A is provided as a representative sample of the +infringements being committed as a result of the operation of the Projects and to demonstrate the +readily apparent nature of the massive infringement occurring via the Projects. The list is not +intended to suggest that the identified infringements are the only ones occurring via the Projects. +Having been informed, through the representative examples, of the nature and scope of +infringements occurring through the Projects, we hope that you will act appropriately to address +all infringement by the Projects, not merely the identified representative examples. + +Exhibit A, moreover, merely provides concrete examples of what is obvious from even a cursory +review of the Projects. The Projects blatantly infringe the MPAA Member Studios’ copyrights +and countless other copyrights. Indeed, copyright infringement is so prevalent within the +Projects that infringement plainly is their predominant use and purpose. + +By this notification, we are asking for your immediate assistance in stopping your users’ +unauthorized activity. Specifically, we request that you remove or disable access to the +infringing Projects’ repositories and all related forks in accordance with either 17 U.S.C. § +512(c)(3)(A)(ii) (DMCA “representative list” provision), 17 U.S.C. § 512(i)(1)(A) (DMCA +“repeat infringer” provision), and/or GitHub’s Terms of Service, which prohibits use of your +facilities for copyright infringement, see https://help.github.com/articles/github-terms-of-service. +Moreover, the Projects in question host software that is distributed and used to infringe on the +MPAA Member Studios’ copyrights. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., +545 U.S. 913, 940 n.13 (2005) (“the distribution of a product can itself give rise to liability +where evidence shows that the distributor intended and encouraged the product to be used to +infringe”). + +We are providing this notice based on our good faith belief that the use of motion pictures and +television programs owned by the MPAA Member Studios in the manner occurring via the +Projects is not authorized by the copyright owners, their agents, or the law. The information in +this notification is accurate and, under penalty of perjury, we are authorized to act on behalf of +the MPAA Member Studios, which own or control exclusive rights under copyright that are +being infringed in the manner described herein. This letter is without prejudice to the rights and +remedies of the MPAA Member Studios and their affiliates, all of which are expressly reserved. + +If you have any questions, please contact me by telephone at [private], or via email at +antipiracy@copyright.org. + +Regards, + +[private]