The law is moving to crush Popcorn Time – the video streaming site that’s been dubbed the “Netflix for pirated movies” – like so many crunchy snacks littering the floor of a crowded movie theater.
Boots are stomping on multinational fronts: police in Denmark, for one, arrested two men just for providing online guides on how to use the site, even though the men’s sites hosted neither copyright-infringing material nor linked to any.
Meanwhile, in the US, movie makers have filed a lawsuit against 11 Popcorn Time users, alleging that they used the software to watch the 2014 Adam Sandler comedy The Cobbler.
Popcorn Time has gone through quite a few iterations, originally, it was a multi-platform, free software BitTorrent client that offered an integrated media player.
Popcorn Time allows users to stream pirated movies and TV shows without having to worry about deleting incriminating torrent files afterwards.
It was abruptly shuttered by its original developers on 14 March, 2014 due to pressure from the Motion Picture Association of America (MPAA). The UK High Court also ordered ISPs to block the app in April 2014.
It’s a whack-a-mole game though, as forks of the immensely popular open-source project just keep springing up.
According to TorrentFreak, on Tuesday, 18 August, local police in Denmark arrested two men, in their 30s, who operated sites that gave instructions and guides on using Popcorn Time.
Inspector Michael Hellensberg of the Danish fraud squad told local media that the case was significant because:
It shows that [site operators] can be revealed by the police. This has consequences and it also conveys the message that this behavior is illegal.
Thus there is hopefully a deterrent effect against feeling confident that you can sit wherever you want and try to implement such things.
The men stand accused of – and reportedly have confessed to – having distributed guides on how to obtain illegal content online.
Their sites have been shut down, with their domains placed under the control of the state prosecutor.
Skip across the Atlantic and on out to Oregon, and you’ll find that a criminal complaint connected to Popcorn Time was recently filed in Oregon District Court.
The complaint (PDF) was filed on 16 August and is looking for a subpoena to force Comcast to reveal the identities of 11 users behind certain IP addresses.
Once revealed, those 11 will stand accused of violating the Copyright Act.
In the lawsuit, the movie makers behind The Cobbler claim that the movie has been hit by “significant” piracy and has been distributed “countless times” worldwide, with over 10,000 instances of infringing activity having been traced to Oregon.
The suit claims that the 11 people it seeks to unmask are guilty of having the equivalent of burglary tools, given that the IP addresses associated with them have been used with Popcorn Time – an application whose sole purpose is to stream stolen video.
Possessing burglary tools is a misdemeanor under Oregon law, punishable by up to one year in jail and a fine of $6,250 (about £3,980).
Users should be fully aware that when they watch Popcorn Time video, they’re breaking the law, the complaint points out, given that Popcorn Time’s home page and its FAQ both warn users about the illegality of downloading and streaming copyrighted material.
From the complaint:
Without a doubt, each user of Popcorn Time is provided multiple notices that they are downloading and installing software for the express purpose of committing theft and contributing the ability of others to commit theft by furthering the Bit Torrent piracy network.
As far as the Danish Popcorn Time instructional site owners go, the potential prison time is stiffer still. TorrentFreak refers to court documents that say that the pair are suspected of such “gross violations of copyright law” that they could be looking at punishment under section 299b of the penal code – which carries a potential maximum prison term of six years.
These two cases against Popcorn Time are yet another reminder that copyright holders don’t seem at all fatigued when it comes to whacking the moles.
Anonymous
Not to talk about the legality of Popcorn Time. But I believe the Counsel for the Cobbler has potentially violated legal ethics when it comes to Honesty with the Court.
Oregon’s Law concerning Possession of Burglary Tools is clear that the possession of Popcorn Time is NOT the same thing. The statute clearly defines burglary tools as “. . . an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.” This counsel has purposely removed the “a forcible entry into premises” to attempt to strengthen his case. While they will get the subpoena and likely determine the identity of those that used the software, there is no need to claim its a criminal conduct outside of the federal law.
agatsu42
And they watched an Adam Sandler movie. Haven’t they been punished enough?
Anonymous
When they were given instructions on how to set this up surely if they put something in there about it being for educational purposes and they can’t be liable for how the instructions are used then that would be there get out of jail card?
They may have give instructions but surely they can’t be liable for how other people use these instructions?
Paul Ducklin
You’d like to think there are *some* legalistic limits on helping people commit cybercrimes, based on just how close to the edge you take your visitors.
For example, if I put up a website showing you how to create a PHP script on a web server that can be used to kick off a denial-of-service attack, and then actually have a demo page saying, “this is what it looks like, click the button to begin a DoS of a chosen target”…
…should I be able to evade my responsibility for being a troublemaker just because I have the weasel-words “for demo purposes only”?
(I don’t know the answer. Just thinking aloud.)
Will
In your example, if they were able to execute the DoS from your site’s version of the demo, then you’d certainly be complicit.
However, if you were merely providing instructions, then I’d say no. It’s not illegal (in the US, possibly elsewhere) to show someone how to pick a lock, but it’s certainly illegal if you pick a lock that isn’t yours and you don’t have permission to open. All the talks at Defcon, Black Hat, etc. similarly offer details to execute cyber exploits of some kind…
Andrew Ludgate
But at the centre of it is this fact: Everything that happens on a computer is a set of instructions.
So at some point, there has to be some sort of fuzzy line where you’ve provided “enough” instructions to be complicit. I think it generally comes back to whether a “reasonable person” would consider there to be intent to enable — even though that’s rife with weasel words.
Will
I see what you’re saying, but I think the natural line is execution of those instructions. If you’re the one that pushes “run”, it should be on you (at least in my opinion).
Anything else puts free speech at risk, and that’s a slippery slope, however much I’d prefer to eliminate certain types of content from the web.
Anonymous
This glass pipe I have is for tobacco use only, so why can’t your guide be for demonstration purpose only?
(Just a thought as well.)
Agatsu
The 11 people they are trying to prosecute… they watched an Adam Sandler movie. Haven’t they been punished enough?
Atombath
The fact these users are smart enough to read instructions in order to set up Popcorn Time proves that they are nowhere close to the target audience and would have never paid money to see the movie.
ejhonda
Finally! Someone addresses the elephant in the room.
jkwilborn
I understand they just put out information on how to use the site. As an Ex Law enforcement, I find this hard to fathom, as illegal. Surely Oregon law is moving the line of criminal to a new, non legislated level and should quickly be turned over. I find that many DA’s seems to press the limits, sometimes criminally, in MHO…
This is along the lines of prosecuting a car for a drug charge, as the dope was in the car. Much lower burden of proof for the state (and is beyond my comprehension of how they could even think of this would be legitimate…)
Lisa B.
If you’re going to go down for pirating, for heaven’s sake, *DO NOT* let it be for an Adam Sandler movie. Yeesh.
snackmouse
It seems as though the MPAA are using the relative novelty of Popcorn Time (novel relative to BT) as a way of sneaking in a redefinition of digital tools they don’t like. I may be making a leap here, but once a precedent is set that a program can count as “burglary tools”, then couldn’t they then claim that using Bit Torrent clients and other file sharing programs are also, simply because they COULD be used for piracy?
I mean, I understand that for most people who understand how BT works and that it has legitimate applications, it’s a laughable idea, but the MPAA has a history of digital fear mongering and shady behavior when it comes to piracy issues.
Anonymous
Is this like the woman reading a book in her husband’s fishing boat who was confronted by the game warden? He told her she would be fined for not having a fishing license. She said, “I’m not fishing. I’m just lounging in the boat, reading my book.” He said, “Sorry Mam, but you have all the equipment.”
When he tried to give her a ticket she told him she’d claim sexual harassment against him. He said, “That’s bogus! I haven’t sexually harassed you.”
She said, “But you have all the equipment.”
foo
“Double-click on the desktop icon.”
There, I’ve done it. Given how intuitive Popcorn Time’s UI is, I have just posted detailed instructions on how to use that program.
Am I thus subject to arrest?
This is so silly. How can anyone keep a straight face?
Raul Comedor de Pepekas
I have +-3 TB of movies, games and softwares at my tracker at SoftLayer box… paid by donated BTCs and advertisements (short link adds).
That is just to clean my conscience… … just kidding, poor plp around the globe have the right to entertain for free…
Eat that kindly “anti-piracy” society … we already won!