Legal Advice on Fines by Popcorn Time


Questioner

About two/three months ago I watched a movie at my aunt's in Germany via their WiFi through PopcornTime, now my aunt received a letter stating that she has been fined about €1000. Is there a way to reduce this fine (I am a student, then still in high school, 18 years old). The letter is in German so I had some trouble deciphering it, but I think the fine is so high because PopcornTime uses a system that everyone who downloads a movie saves a part of the file on their computer and thus makes it possible to distribute it? I didn't know this though, maybe that can help? Thank you very much in advance for your help!

Lawyer

The question is whether you deliberately took this action. If there is no intent, you cannot be held liable for this fine. Popcorn Time will first have to prove this.

Questioner

The fine comes from Warner Bros (or an agency that specifically searches for people who watch movies illegally, on behalf of Warner Bros), because PopcornTime is a program that allows you to watch movies illegally. Is it still the case that they (this agency) have to prove that it was intentional?

Lawyer

If you know in advance that you are doing something 'illegally', then you will naturally seek out the problems yourself. And then there is a form of personal guilt to be seen.

Lawyer

Popcorn Time states - just reviewed - that you can watch all movies. Therefore, I think the problem lies here and not with you, as a viewer/buyer.

Questioner

So then the prosecutor would have to prove that I knew beforehand? Anyway, thanks so much for your help so far!

Lawyer

It is more complicated. They have proven that your aunt is the owner of the wifi whose intellectual property is being abused. If she proves that she was not the one who used the wifi but family members who she had instructed not to do such a thing, she would go free - but Warner will go after you. Whether they will demand the "fine" from you from the Netherlands and go to court if you do not pay is not certain. The amount is negotiable.

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