112 lines
6.0 KiB
Markdown
112 lines
6.0 KiB
Markdown
Re: Notice of Infringement of https://github.com/popcorn-official/popcorn-app,
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https://github.com/time4popcorn/popcorntime-desktop,
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https://github.com/time4popcorn/popcorntime-android
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Dear GitHub Inc:
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The Motion Picture Association of America, Inc. (“MPAA”) represents each of the major motion
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picture studios in the United States, specifically, Paramount Pictures Corporation, Sony Pictures
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Entertainment Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC,
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Warner Bros. Entertainment Inc., Walt Disney Studios Motion Pictures, and their respective
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affiliates (collectively, the “MPAA Member Studios”), which own or control exclusive rights
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under copyright in and to a vast number of motion pictures and television shows worldwide.
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We are writing to notify you of, and request your assistance in addressing the extensive
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copyright infringement of motion pictures and television shows that is occurring by virtue of the
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operation and further development of the GitHub projects Popcorn Time, and Time4Popcorn (the
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“Projects”).
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Attached as Exhibit A is a series of screenshots taken from within the applications of each
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Project that includes images of copyrighted works available through the Projects. The
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representative titles shown in Exhibit A consist of only some of the motion pictures and
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television programs that are owned or controlled by the MPAA Member Studios and that are
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being infringed via the Projects. Exhibit A is provided as a representative sample of the
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infringements being committed as a result of the operation of the Projects and to demonstrate the
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readily apparent nature of the massive infringement occurring via the Projects. The list is not
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intended to suggest that the identified infringements are the only ones occurring via the Projects.
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Having been informed, through the representative examples, of the nature and scope of
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infringements occurring through the Projects, we hope that you will act appropriately to address
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all infringement by the Projects, not merely the identified representative examples.
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Exhibit A, moreover, merely provides concrete examples of what is obvious from even a cursory
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review of the Projects. The Projects blatantly infringe the MPAA Member Studios’ copyrights
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and countless other copyrights. Indeed, copyright infringement is so prevalent within the
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Projects that infringement plainly is their predominant use and purpose.
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By this notification, we are asking for your immediate assistance in stopping your users’
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unauthorized activity. Specifically, we request that you remove or disable access to the
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infringing Projects’ repositories and all related forks in accordance with either 17 U.S.C. §
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512(c)(3)(A)(ii) (DMCA “representative list” provision), 17 U.S.C. § 512(i)(1)(A) (DMCA
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“repeat infringer” provision), and/or GitHub’s Terms of Service, which prohibits use of your
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facilities for copyright infringement, see https://help.github.com/articles/github-terms-of-service.
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Moreover, the Projects in question host software that is distributed and used to infringe on the
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MPAA Member Studios’ copyrights. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd.,
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545 U.S. 913, 940 n.13 (2005) (“the distribution of a product can itself give rise to liability
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where evidence shows that the distributor intended and encouraged the product to be used to
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infringe”).
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We are providing this notice based on our good faith belief that the use of motion pictures and
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television programs owned by the MPAA Member Studios in the manner occurring via the
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Projects is not authorized by the copyright owners, their agents, or the law. The information in
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this notification is accurate and, under penalty of perjury, we are authorized to act on behalf of
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the MPAA Member Studios, which own or control exclusive rights under copyright that are
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being infringed in the manner described herein. This letter is without prejudice to the rights and
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remedies of the MPAA Member Studios and their affiliates, all of which are expressly reserved.
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If you have any questions, please contact me by telephone at [private], or via email at
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antipiracy@copyright.org.
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Regards,
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[private]
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---
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---
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EXHIBIT A
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---
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Popcorn Time Desktop Application: https://github.com/popcorn-official/popcorn-app
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Popcorn Time Interface:
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Popcorn Time Playing “Lego Movie”:
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Popcorn Time playing “RoboCop”:
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Time4Popcorn Desktop Application: https://github.com/time4popcorn/popcorntime-desktop
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Time4Popcorn Interface:
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Time4Popcorn playing “47 Ronin”:
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Time4Popcorn playing “Noah”:
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Time4Popcorn Android Application: https://github.com/time4popcorn/popcorntime-android
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Android Interface:
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Time4Popcorn Android Playing “The Hobbit: The Desolation of Smaug”
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Time 4Popcorn Android Playing “Thor 2: The Dark World”
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