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Two Danes face up to six years in jail for explaining how to use Popcorn Time

40 points by rinesh 11y ago

bediger4000 11y ago
Now tell me again how copyright is compatible with any reasonable idea of free speech? Once you're done with that, tell me how I can tell what speech is legal and what speech isn't, without consulting a specialist lawyer.
wishinghand 11y ago
Why on earth would they plead guilty to that charge.
- sandstrom 11y ago
  US and European law, and surrounding practices, are quite different. It's not what it sounds like to an American. I guess they've only admitted to having run the sites (probably easy to prove), not necessarily admitted to any wrongdoing.
Tangokat 11y ago
The law states that up to 6 years is only in "exceptionally aggravating circumstances" which would be difficult to argue here I believe (not a lawyer). About 15 years ago some kids got punished for explaining how to download mp3 files so it is very likely that these guys will also get some sort of punishment. The reason for them pleading guilty, I'd imagine, is because whether or not they did it is not hard to prove. The law itself is pretty scary although never really used as far as I know. The Danish version of MPAA has largely given up on suing private citizens and I had hoped they would stop completely since Netflix et al. are gaining ground. This is an unfortunate development. As a side note, according to a specialist lawyer, it is questionable whether or not it is actually illegal to stream pirated content since the user does not download anything to save locally [1]. Although maybe you could argue that since you are sharing it with others while you watch that is a crime. [1] Danish: http://www.computerworld.dk/art/234666/it-advokat-derfor-er-det-helt-efter-bogen-at-sigte-to-danskere-for-streaming-info-paa-website http://www.computerworld.dk/art/234666/it-advokat-derfor-er-...
flexie 11y ago
Danish lawyer here. They don't face up to 6 years in jail. No-one in their right mind is thinking they will get even 1 year if found guilty, or whether they have pleaded guilty. Still outragous, though. But they will never get anything like 6 years. I will get surprised if they receive more than a suspended sentence, and if its not suspended they will never serve more than a few month in jail. Even with the most harsh judges.
SomeCallMeTim 11y ago
I'm old. When I see "Popcorn Time" I always do a double-take, because when I was growing up, you would dial "POP-CORN" (767-2676) to get the time. "At the tone, Pacific Daylight time will be ..." Considering the history of the app, I'm sure there's no connection.
- feld 11y ago
  Wow, thank you for reminding me about this. Totally forgot it existed. There were other common ones, especially an echo test and a tone generator. Useful for folks in the phone repair industry.
_lce0 11y ago
"guilty of sharing knowledge" I don't know anything of law, does illegal knowledge exists? If so, can you name an example?
- PebblesHD 11y ago
  Well, not sure if this is what you had in mind, but for example the U.S. has laws prohibiting the export of various encryption products, classing them in the same category as weapons etc. I'm sure they will also have laws on the discussion (online or otherwise) of building or using explosives or other dangerous substances regardless of the intent or ability of those present to actually do anything. These pieces of information could arguably be deemed 'illegal'
- danielnixon 11y ago
  https://en.wikipedia.org/wiki/Illegal_number https://en.wikipedia.org/wiki/Illegal_number
- geofft 11y ago
  Classified information is perhaps the most obvious example. Attorney-client privilege also comes to mind. A somewhat subtler example is insider trading. Knowledge of material non-public information isn't, per se, illegal, but sharing it with someone who intends to trade on it is.
marcelocamanho 11y ago
Wouldnt stories reporting this also fall into the same definition? After all this is also "distributing knowledge on how to obtain illegal content online" since some people might not know what is Popcorn Time at all. I know this is to make some people targets to make people afraid, but still.. Very weak definition.

40 points by rinesh 11y ago

Now tell me again how copyright is compatible with any reasonable idea of free speech? Once you're done with that, tell me how I can tell what speech is legal and what speech isn't, without consulting a specialist lawyer.

wishinghand 11y ago

Why on earth would they plead guilty to that charge.

sandstrom 11y ago
US and European law, and surrounding practices, are quite different. It's not what it sounds like to an American. I guess they've only admitted to having run the sites (probably easy to prove), not necessarily admitted to any wrongdoing.

Tangokat 11y ago

The law states that up to 6 years is only in "exceptionally aggravating circumstances" which would be difficult to argue here I believe (not a lawyer). About 15 years ago some kids got punished for explaining how to download mp3 files so it is very likely that these guys will also get some sort of punishment. The reason for them pleading guilty, I'd imagine, is because whether or not they did it is not hard to prove. The law itself is pretty scary although never really used as far as I know. The Danish version of MPAA has largely given up on suing private citizens and I had hoped they would stop completely since Netflix et al. are gaining ground. This is an unfortunate development. As a side note, according to a specialist lawyer, it is questionable whether or not it is actually illegal to stream pirated content since the user does not download anything to save locally [1]. Although maybe you could argue that since you are sharing it with others while you watch that is a crime. [1] Danish: http://www.computerworld.dk/art/234666/it-advokat-derfor-er-det-helt-efter-bogen-at-sigte-to-danskere-for-streaming-info-paa-website http://www.computerworld.dk/art/234666/it-advokat-derfor-er-...

flexie 11y ago

Danish lawyer here. They don't face up to 6 years in jail. No-one in their right mind is thinking they will get even 1 year if found guilty, or whether they have pleaded guilty. Still outragous, though. But they will never get anything like 6 years. I will get surprised if they receive more than a suspended sentence, and if its not suspended they will never serve more than a few month in jail. Even with the most harsh judges.

SomeCallMeTim 11y ago

I'm old. When I see "Popcorn Time" I always do a double-take, because when I was growing up, you would dial "POP-CORN" (767-2676) to get the time. "At the tone, Pacific Daylight time will be ..." Considering the history of the app, I'm sure there's no connection.

feld 11y ago
Wow, thank you for reminding me about this. Totally forgot it existed. There were other common ones, especially an echo test and a tone generator. Useful for folks in the phone repair industry.

_lce0 11y ago

"guilty of sharing knowledge" I don't know anything of law, does illegal knowledge exists? If so, can you name an example?

PebblesHD 11y ago
Well, not sure if this is what you had in mind, but for example the U.S. has laws prohibiting the export of various encryption products, classing them in the same category as weapons etc. I'm sure they will also have laws on the discussion (online or otherwise) of building or using explosives or other dangerous substances regardless of the intent or ability of those present to actually do anything. These pieces of information could arguably be deemed 'illegal'
danielnixon 11y ago
https://en.wikipedia.org/wiki/Illegal_number https://en.wikipedia.org/wiki/Illegal_number
geofft 11y ago
Classified information is perhaps the most obvious example. Attorney-client privilege also comes to mind. A somewhat subtler example is insider trading. Knowledge of material non-public information isn't, per se, illegal, but sharing it with someone who intends to trade on it is.

marcelocamanho 11y ago

Wouldnt stories reporting this also fall into the same definition? After all this is also "distributing knowledge on how to obtain illegal content online" since some people might not know what is Popcorn Time at all. I know this is to make some people targets to make people afraid, but still.. Very weak definition.