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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]



EXHIBIT A

Popcorn Time Desktop Application: https://github.com/popcorn-official/popcorn-app

Popcorn Time Interface:

screen shot 2014-07-11 at 12 40 46 pm

Popcorn Time Playing “Lego Movie”:

screen shot 2014-07-11 at 12 41 03 pm

Popcorn Time playing “RoboCop”:

screen shot 2014-07-11 at 12 41 13 pm

Time4Popcorn Desktop Application: https://github.com/time4popcorn/popcorntime-desktop

Time4Popcorn Interface:

screen shot 2014-07-11 at 12 41 23 pm

Time4Popcorn playing “47 Ronin”:

screen shot 2014-07-11 at 12 41 32 pm

Time4Popcorn playing “Noah”:

screen shot 2014-07-11 at 12 41 40 pm

Time4Popcorn Android Application: https://github.com/time4popcorn/popcorntime-android

Android Interface:

screen shot 2014-07-11 at 12 41 49 pm

Time4Popcorn Android Playing “The Hobbit: The Desolation of Smaug”

screen shot 2014-07-11 at 12 41 59 pm

Time 4Popcorn Android Playing “Thor 2: The Dark World”

screen shot 2014-07-11 at 12 42 16 pm

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