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by DannyBee 4364 days ago
Actually, they probably don't have to honor this DMCA request. DMCA requests may generally only be filed for stuff you actually own. The MPAA does not own popcorn time. There is clearly no direct infringement (unlike a linking site, which would at least be a much closer case)

If you want to stop random contributory or indirect infringement, they should have actually sued in court.

I'm sure github just didn't want to start a war.

2 comments

You need to re-read the law:

17 USC 512(c)(3)(A)(iii) provides that a notice includes "Identification of the material that is claimed to be infringing or to be the subject of infringing activity..."

Popcorn Time is the subject of infringing activity, and hence this would have been a valid takedown notice.

They don't have to honor any DMCA requests, but they'd be waiving Safe Harbor protection and incurring greater risk of getting sued along with the author, should the MPAA decide to go that route.