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Even if Popcorntime was considered functionally the same as Grokster, GitHub certainly isn't. In order for GitHub to be held liable, not only would the DMCA have to stretch to Grokster like tools but even further to anyone who provides any service to such a team building such a tool.

So any Patreon account or Slack account a Popcorntime team uses. I imagine this is what The Motion Picture Association is aiming for.

And as you hint, the difference between the court's regard for ordinary people vs powerful organizations is especially stark here. Copyright infringement and any tool that might be used for it is mightily prohibited while car theft tools like the Slim Jim are still manufactured and easily available in stores. But only tools made by less powerful groups like Popcorntime and Grokster, as far back as VCRs, those tools produced by large corporations remain legal.




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