What are they trying to do
From the lawsuit:
44. The mere possession of a software program like Popcorn Time is the type of conduct that
the State of Oregon has criminalized in ORS 164.235, which reads in part:
164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of
possession of a burglary tool or theft device if the person possesses a burglary tool or
theft device and the person:
Case 3:15-cv-01587-AA Document 1 Filed 08/20/15 Page 7 of 11
COMPLAINT Page 8 of 11
(a) Intends to use the tool or device to commit or facilitate … a theft by a physical
(b) Knows that another person intends to use the tool or device to commit or facilitate
a … theft by a physical taking.
(2) For purposes of this section, “burglary tool or theft device” means … [any]
instrument or other article adapted or designed for committing or facilitating a … theft by
a physical taking.
(3) Possession of a burglary tool or theft device is a Class A misdemeanor.
45. It is acknowledged that the transfer of data, storing of the physical data locally on a hard
drive and facilitation and redistribution of the stolen data to others may or may not be a “physical
taking” under Oregon law.
Are they trying to make the possession of software like popcorn time part of criminal law rather than the use of it being part of civil law?
Or even extent that to P2P bit torrent?