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Use of a Hash by a torrenting site to enable people to download the movie is clearly damaging the market for the original work.

Clearly some uses of a Hash qualify for fair use, but it’s hard to argue that Popcorn Time is one of them.




I don't think we're disagreeing on that point. All I'm saying is that the nature of the hash as being derived from the movie file is irrelevant. If people organized movie torrenting by assigning version 4 UUIDs to movie files, then Popcorn Time would infringe just as much by publishing those UUIDs as it does by publishing hashes. There's no "derivative work" argument being made on either side. If there was, the pro-Popcorn-Time side would win.




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