Two Arrests In Denmark For Spreading Information About Popcorn Time

[Syntaxvgm]

https://torrentfreak.com/police-arrest-men-for-spreading-popcorn-time-information-150819/
http://yro.slashdot.org/story/15/08/19/1624220/two-arrests-in-denmark-for-spreading-information-about-popcorn-time

Following a court order dated June, local police report that yesterday morning they arrested two men in their thirties said to be the operators of a pair of Popcorn Time related websites. Popcorntime.dk and Popcorn-time.dk have now been shut down, with their domains placed under the control of the state prosecutor.

 

While arrests of file-sharers and those running sites that closely facilitate infringement are nothing new, this week’s arrests appear to go way beyond anything seen before. The two men are not connected to the development of Popcorn Time and have not been offering copyrighted content for download.
Both sites were information resources, offering recent news on Popcorn Time related developments, guides, FAQ sections and tips on how to use the software. The screenshot below shows PopcornTime.dk.

That's right.
They were arrested for TALKING about piracy. Not actually providing ANY 'illegal' content.
As this comment on slashdot points out-

 

 

In order to exceed the speed limit follow these steps...

1. Turn on your car
2. Put your car in a drive gear.
3. Depress the accelerator pedal until the speedometer shows a value higher than the posted speed limit. (Try to avoid obstacles.)

I'm off to the police station to confess. Bye /.

I mean where does it stop?

Is it limited to owning a website that tells someone how to use these things? Or what if a forum user or something tells someone to use thepiratebay. Are they in jail? 

 

[Tomsen]

Guess I'll hear about this tomorrow morning in the office.

That sounds a little out of the ordinary.

[Syntaxvgm]

Guess I'll hear about this tomorrow morning in the office.

That sounds a little out of the ordinary.

It does. 

I feel like they made a mistake with the url's being similar, and are just sticking to their guns. 

[burnttoastnice]

Wow, that's just harsh

[That Norwegian Guy]

If this is true I will laugh until morning comes.

 

But the Danish are "special" so it could very well be.

[Volbet]

They didn't get arrested for talking about piracy. They got charged with instructing people on how to install and use PopcornTime.

This means they can get sentenced under §23 of the Danish penal code, since they aided people in breaking §299b of the Danish penal code.

Their court document (in Danish) http://popcorn-time.dk/kendelse.htm

[Murdoch]

It's a tactic used quite a lot to get sites to shut down, just arrest the dudes running them, detain or shut down the servers, closing the sites down. Then any legal action falls apart later on down the line.

[Rekx]

Like Volbet already said they didn't get arested because they talked about popcontime... But because they showed how to used it and download it.

 

It must be noted that the two men wasn't charged because they talked about popcorntime or used it , but only for having distributed the knowledge of how the service was installed and used . Both have allegedly confessed .

http://www.version2.dk/artikel/danskere-anholdt-opskrift-paa-piratstreaming-popcorn-time-325523 (danish)

 

I guess it got misunderstood by foreign sites because it got translated wrong or something like that. Though i would like to add that there have been cases like this before in Denmark and in some of the cases the court let them go

[Trik'Stari]

This is a special kind of retarded.

[LAwLz]

Like Volbet already said they didn't get arested because they talked about popcontime... But because they showed how to used it and download it.

 

http://www.version2.dk/artikel/danskere-anholdt-opskrift-paa-piratstreaming-popcorn-time-325523 (danish)

 

I guess it got misunderstood by foreign sites because it got translated wrong or something like that. Though i would like to add that there have been cases like this before in Denmark and in some of the cases the court let them go

So the person who explained how to exceed the speed limit should also be arrested? Come on... It's bullshit.

[Megahurt]

Like Volbet already said they didn't get arested because they talked about popcontime... But because they showed how to used it and download it.

 

http://www.version2.dk/artikel/danskere-anholdt-opskrift-paa-piratstreaming-popcorn-time-325523 (danish)

 

I guess it got misunderstood by foreign sites because it got translated wrong or something like that. Though i would like to add that there have been cases like this before in Denmark and in some of the cases the court let them go

I don't think people misunderstood, and it's still stupid.

[Slinkey]

Strange haven't heard anything... considering I am Danish.

[Rekx]

Strange haven't heard anything... considering I am Danish.

Been on major news sites and danish tech sites. Strange indeed

[Misanthrope]

Now this is something we actually should start a kickstarter for: A legal defense team so they can counter sue the Danish authorities for false arrest as well as charges being brought up to the top level management of the RIAA and MPAA that are undoubtedly behind this.

[Guest]

I just use PopcornTime because Netflix doesn't have anything.

[Volbet]

So the person who explained how to exceed the speed limit should also be arrested? Come on... It's bullshit.

Shouldn't I get some sort of punishment if I instruct some on how to commit a murder, knowing that they will commit a murder?

I would think so.

Not becuase murder and breaking a copyright is in any way equal in severity, but I couldn't think of a different example.

But the point is, that it's much more complicated to install and use PopcornTime than it is to break the speed limit.

However, if you encourage someone to drive above the speedlimit, and somthing that fall under the penal code happens, the encourager can also be punished.

 

I too think the case is bullshit, but not becuase of §23 in the Danish penal code. 

I think it's bullshit becuase the current copyright laws are bullshit.

 

Most likely the case will never become a thing. I can't see the police ever lifitng their burden of proof in this case.

 

 

Now this is something we actually should start a kickstarter for: A legal defense team so they can counter sue the Danish authorities for false arrest as well as charges being brought up to the top level management of the RIAA and MPAA that are undoubtedly behind this.

They haven't been arrested, they have just been charged. They are still free to go where ever they like (possibly with some restriction)

If they had been arrested and they didn't get convicted, they would be compensated for their wrongful imprisonment. 

[Rekx]

Before i start i would like to add that i'm not defending either sides. And that copyright law is really bullshit in most countries.

 

So the person who explained how to exceed the speed limit should also be arrested? Come on... It's bullshit.

 

Not really what the police is auguring here though. 

 

 

The two men got arrested because  they are accused of distributing knowledge and information about illegal content online 

 

Our supreme court still have to make a judgment on this case. They got charge with danish copyright law. It got nothing to do with traffic laws. 

[Misanthrope]

They haven't been arrested, they have just been charged. They are still free to go where ever they like (possibly with some restriction)

If they had been arrested and they didn't get convicted, they would be compensated for their wrongful imprisonment. 

 

False charges or legal defense if they're stupid enough not to dismiss them then.

[Volbet]

False charges or legal defense if they're stupid enough not to dismiss them then.

The legal defense is free, and if they can prove a loss due to false charges, that will be compensated aswell.

[LAwLz]

But the point is, that it's much more complicated to install and use PopcornTime than it is to break the speed limit.

However, if you encourage someone to drive above the speedlimit, and somthing that fall under the penal code happens, the encourager can also be punished.

They are pretty close in terms of complexity. "Download and run the installer, press next a few times, double click on the icon and then just click on whichever movie you want to watch".

That's barely more complicated than "get in the car, insert and twist the key to start the engine, press down the clutch while moving the gear leaver into first gear, press down the throttle and keep it down".

The speeding example might even be more complicated, but it relies on things a lot of older people already know how to do. Hell, the instructions on how to speed could put peoples' lives in danger, while the worst thing that could happen with Popcorn time is that someone might not buy or see a movie.

 

Encouraging someone to break the law is and should definitely be a crime. Instructing someone on how to do it should not.

 

If you want to use murder as an example, posting instructions on how to install Popcorn time on the Internet would be like going around telling people "stab someone in the heart with a knife and they will die". It's really weird and you might get arrested because you are suspicious, but I don't think anyone will try to charge you for "instructing people on how to commit murder".

 

 

 

Not really what the police is auguring here though. 

Then I am misunderstanding why they were arrested or what they are charged with.

[kuddlesworth9419]

Bloody terrorists trying to destroy our capitalist society where we irradiate chillies to stop people growing their own.

[Volbet]

They are pretty close in terms of complexity. "Download and run the installer, press next a few times, double click on the icon and then just click on whichever movie you want to watch".

That's barely more complicated than "get in the car, insert and twist the key to start the engine, press down the clutch while moving the gear leaver into first gear, press down the throttle and keep it down".

The speeding example might even be more complicated, but it relies on things a lot of older people already know how to do. Hell, the instructions on how to speed could put peoples' lives in danger, while the worst thing that could happen with Popcorn time is that someone might not buy or see a movie.

 

Encouraging someone to break the law is and should definitely be a crime. Instructing someone on how to do it should not.

 

If you want to use murder as an example, posting instructions on how to install Popcorn time on the Internet would be like going around telling people "stab someone in the heart with a knife and they will die". It's really weird and you might get arrested because you are suspicious, but I don't think anyone will try to charge you for "instructing people on how to commit murder".

The problem with both of your examples, is that they are pretty simple tasks, that most people do know how to do.

Everyone with a drivers licens (and probably a lot without one) know how to break the speed limit, and pretty much everyone knows that stabbing person can kill that person.

 

However, the more complicated your instructions become, the more likely it is that the instruction subject is not common knowledge.

While saying "stabbing people might kill them" probably wouldn't see you charged as an accomplish to murder, making a more advanced guide could see you charged.

Giving instructions on how to easily dispose of a body, poisoning a person, cleaning the crime scene etc. could make you an accomplish equal to a person that could have driven the person to a potential crime scene. 

I have never used PopcornTime, so I don't know how difficult it is to set up. 

It might just be a simple .exe file or it could involve VPN's and other networking. I simply don't know. 

 

But there needs to be proven both a objective link and a subjective link between the information given and the crime commited. This is why I think the case at hand will not end in a court case. 

A link between the information given by the two guys, and people actually using PopcornTime to break a copyright, would be extremely hard to prove. 

[LAwLz]

I have never used PopcornTime, so I don't know how difficult it is to set up. 

It might just be a simple .exe file or it could involve VPN*s and other networking. I simply don't know.

It's just a regular installer. You double click it and press next a few times. No VPN or other configurations needed.

 

 

But there needs to be proven both a objective link and a subjective link between the information given and the crime commited. This is why I think the case at hand will not end in a court case. 

A link between the information given by the two guys, and people actually using PopcornTime to break a copyright, would be extremely hard to prove. 

Isn't that something they should do before arresting someone?

 

I see your point, but I think this is bullshit.

[Murdoch]

Arguing about the intricacies of the legality of what they did is largely redundant. The sites have been taken down, job done. With an even mildly competent lawyer, no more will come of this.

[Tomsen]

It is BS.

Something smells like hollywood aint happy