Early 2014, a new craze was sweeping the piracy world. Instead of relatively cumbersome text-heavy torrent sites, people were turning to a brand new application called Popcorn Time.
Dubbed the Netflix for Pirates due to its beautiful interface, Popcorn Time was soon a smash hit all over the planet. But with that fame came trouble, with anti-piracy outfits all over the world seeking to shut it down or at least pour cold water on its popularity.
In the meantime, however, the popularity of Kodi skyrocketed, something which pushed Popcorn Time out of the spotlight for a while. Nevertheless, the application in several different forms never went away and it still enjoys an impressive following today. This means that despite earlier action in several jurisdictions, Hollywood still has it on the radar.
The latest development comes out of Norway, where Disney Entertainment, Paramount Pictures Corporation, Columbia Pictures, Twentieth Century Fox Film Corporation, Universal City Studios and Warner Bros. have just taken 14 local Internet service providers to court.
The studios claimed that the ISPs (including Telenor, Nextgentel, Get, Altibox, Telia, Homenet, Ice Norge, Eidsiva Bredbånd and Lynet Internet) should undertake broad blocking action to ensure that three of the most popular Popcorn Time forks (located at popcorn-time.to, popcorntime.sh and popcorn-time.is) can no longer function in the region.
Since site-blocking necessarily covers the blocking of websites, there appears to have been much discussion over whether a software application can be considered a website. However, the court ultimately found that wasn’t really an issue, since each application requires websites to operate.
“Each of the three [Popcorn Time variants] must be considered a ‘site’, even though users access Popcorn Time in a way that is technically different from the way other pirate sites provide users with access to content, and although different components of the Popcorn Time service are retrieved from different domains,” the Oslo District Court’s ruling reads.
In respect of all three releases of Popcorn Time, the Court weighed the pros and cons of blocking, including whether blocking was needed at all. However, it ultimately decided that alternative methods for dealing with the sites do not exist since the rightsholders tried and ultimately failed to get cooperation from the sites’ operators.
“All sites have as their main purpose the purpose of facilitating infringement of protected works by giving the public unauthorized access to movies and TV shows. This happens without regard to the rights of others and imposes major losses on the licensees and the cultural industry in general,” the Court writes.
The Court also supported compelling ISPs to introduce the blocks, noting that they are “an appropriate and proportionate measure” that does not interfere with the Internet service providers’ freedom to operate nor anyone’s else’s right to freedom of expression.
But while the websites in question are located in three places (popcorn-time.to, popcorntime.sh and popcorn-time.is) the Court’s blocking order goes much further. Not only does it cover these key domains but also other third-party sites that Popcorn Time utilizes, such as platforms offering subtitles.
Popcorn-time.to related domains to be blocked: popcorn-time.to, popcorn-time.xyz, popcorn-time.se, iosinstaller.com, video4time.info, thepopcorntime.net, timepopcorn.info, time-popcorn.com, the-pop-corn-time.net, timepopcorn.net, time4videostream.com, ukfrnlge.xyz, opensubtitles.org, onlinesubtitles.com, popcorntime-update.xyz, plus subdomains.
Popcorntime.sh related domains to be blocked: Popcorntime.sh, api-fetch.website, yts.ag, opensubtitles.org, plus subdomains.
Popcorn-time.is related domains to be blocked: popcorn-time.is, yts.ag, yify.is, yts.ph, api-fetch.website, eztvapi.ml and opensubtitles.org, plus subdomains.
Separately, the Court ordered the ISPs to block torrent site YTS.ag and onlinesubtitles.com, opensubtitles.org, plus their subdomains.
Since no one appeared to represent the sites and the ISPs can’t be held responsible if they cooperate, the Court found that the studios had succeeding in their action and are entitled to compensation.
“The Court’s conclusions mean that the plaintiffs have won the case and, in principle, are entitled to compensation for their legal costs from the operators of the sites,” the Court notes. “This means that the operators of sites are ordered to pay the plaintiffs’ costs.”
Those costs amount to 570,000 kr (around US$70,000), an amount which the Court chose to split equally between the three Popcorn Time forks ($23,359 each). It seems unlikely the amounts will ever be recovered although there is still an opportunity for the parties to appeal.
In the meantime the ISPs have just days left to block the sites listed above. Once they’ve been put in place, the blocks will remain in place for five years.