MOTION PICTURE ASSOCIATION OF AMERICA, INC.  
15301 VENTURA BOULEVARD, BUILDING E  
SHERMAN OAKS, CALIFORNIA 91403  

[private]

PHONE: [private]  
E-MAIL: [private]  

VIA E-MAIL

GitHub, Inc.  
Attn: DMCA takedown  
88 Colin P Kelly Jr St  
San Francisco, CA 94107  
copyright@github.com  

February 29, 2016

Re:	Notice of Infringement for
https://github.com/popcorn-official/popcorn-desktop

Dear GitHub, Inc.:

Thank you for your response to our notice letter dated February 18,
2016. We understand that our prior notice may not have met each and
every requirement of your DMCA takedown policy. However, we do not
believe that this should be the end of the inquiry or the end of
GitHub’s responsibility. As you know, GitHub’s Terms of Service
explicitly states that its services may not be used for any illegal or
unauthorized service, including, but not limited to, violation of
copyright and trademark laws. See
https://help.github.com/articles/github-terms-of-service/. And as we
have notified you in our prior notice letter, the GitHub project in
question (popcorn-desktop, and hereinafter the “Project”) is openly
using your platform to further copyright infringement. We hope you
agree that GitHub’s responsibility to not knowingly assist in a massive
copyright infringement operation does not end with its DMCA policy.

To summarize our prior letter on this issue, the operation and further
development of the Project is contributing to massive infringement of
copyrights in motion pictures and television programs. See
https://github.com/popcorn-official/popcorn-desktop. There are multiple
“forks” of Popcorn Time, all of which are 100% unlicensed and
infringing, and many of which have been subject to litigation and court
orders around the world confirming their infringement. Popcorntime.sh
is one of the more recent infringing “forks,” and we attached several
specific examples of that site’s infringement to our prior letter. The
Project provides to any member of the public the software needed to
develop and release additional infringing Popcorn Time forks, and
thereby enables infringement on a massive scale.

None of these facts are contested in your response. Accordingly, we can
only assume that GitHub is in agreement that (i) Popcorn Time (including
popcorntime.sh) is internationally known as an illicit enterprise
dedicated to facilitating online copyright infringement; (ii) the
Project hosted on GitHub is designed to allow an unlimited number of
users to fulfill the unlawful purpose of Popcorn Time (massive copyright
infringement), and (iii) our prior letter provided you with notice of
this massive infringement on popcorntime.sh, including by attaching
screenshots of specific works being infringed.

Rather than dispute any of these facts – and if GitHub does dispute any
of them, please let us know in your response – your letter requests “a
list of URLs to any files that configure the project to access
infringing material, as well as any specific files or sections of source
code that you allege contain infringing material or could be used to
locate infringing material.” As is apparent from even a cursory review
of the Project (and popcorntime.sh), literally all of the Project’s
source code “could be used to locate infringing material”—in fact, this
is its very purpose. This is confirmed beyond any reasonable doubt by
the Project’s inclusion of code referencing APIs that are specifically
designed to locate, provide subtitles for and play infringing television
shows and motion pictures in Popcorn Time forks—for example, the
“providers” folder
(https://github.com/popcorn-official/popcorn-desktop/tree/master/src/app/lib/providers) contains these three APIs:

•	https://github.com/popcorn-official/popcorn-desktop/blob/master/src/app/lib/providers/tvshowtime.js

•	https://github.com/popcorn-official/popcorn-desktop/blob/master/src/app/lib/providers/ysubs.js

•	https://github.com/popcorn-official/popcorn-desktop/blob/master/src/app/lib/providers/tvapi.js

In sum, the Project provides the necessary “nuts and bolts” to create
new Popcorn Time forks such as popcorntime.sh—whose sole purpose is
copyright infringement.

*	*	*

By this second notification, we are asking again that you remove or
disable access to the infringing Project’s 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), GitHub’s Terms of Service (which prohibit use of
your facilities for copyright infringement), and/or based on
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”). At a minimum, we would
hope that GitHub will follow the express terms of its own Terms of
Service.

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 Project 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 [private].

Regards,

[private]

---

MOTION PICTURE ASSOCIATION OF AMERICA, INC.  
15301 VENTURA BOULEVARD, BUILDING E  
SHERMAN OAKS, CALIFORNIA 91403  

[private]

PHONE: [private]  
E-MAIL: [private]

VIA E-MAIL

GitHub, Inc.  
Attn: [private] GitHub Support  
88 Colin P Kelly Jr St  
San Francisco, CA 94107  
copyright@github.com

March 9, 2016

Re:	Notice of Infringement for
https://github.com/popcorn-official/popcorn-desktop

Dear [private]:

Thank you for your response and your willingness to take action against
https://github.com/popcorn-official/popcorn-desktop.

To clarify up-front, our prior notice letters refer to the DMCA and
request removal of popcorn-desktop based, in part, on the DMCA’s
representative list and/or repeat infringer provisions, but they were
not limited to the DMCA. As we confirmed before, and as you undoubtedly
know, the entire Popcorn Time project is 100% unlicensed and infringing
– indeed, it was created and distributed expressly for copyright
infringement, and has been used overwhelmingly for precisely that
purpose. Accordingly, in addition to the DMCA, popcorn-desktop violates
GitHub’s own Terms of Service (precluding use of its platform for
copyright infringement), as well as the Supreme Court’s decision in
Grokster (confirming that “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”). Accordingly, we repeat
our request that you remove the entirety of popcorn-desktop.

If, however, you are only willing to consider GitHub’s obligations under
the DMCA (and ignore its broader obligations under its own Terms of
Service and under U.S. copyright law as confirmed by the Supreme Court),
in response to your request for further identification of other “parts
of the project that configure it to infringe,” in addition to the urls
identified on our prior correspondence, we identify the following
additional parts that are most clearly and unambiguously designed to
find and deliver infringing content to end-users:

-	https://github.com/popcorn-official/popcorn-desktop/blob/master/src/app/lib/providers/ysubs.js and https://github.com/popcorn-official/popcorn-desktop/blob/development/src/app/lib/providers/ysubs.js
(providing subtitles for infringing titles used by proven pirate sites)
-	https://github.com/popcorn-official/popcorn-desktop/blob/master/src/app/lib/views/torrent_collection.js and https://github.com/popcorn-official/popcorn-desktop/blob/development/src/app/lib/views/torrent_collection.js
(providing content from KickassTorrents (KAT), a notorious pirate site,
and rarbg, a notorious pirate release group)

-	https://github.com/popcorn-official/popcorn-desktop/blob/master/package.json and https://github.com/popcorn-official/popcorn-desktop/blob/development/package.json
(providing infringing endpoints and allowing for circumvention of
site-blocking via CloudFlare)

*	*	*

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 popcorn-desktop 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 [private].

Regards,

[private]
