I think he's referring to films that haven't been yet been released in the US on DVD or BD. The Piranha page just got pulled because of that. You're right, most of the time, there's no telling if a cap is pulled from a DVD or a bootleg, but in this case, if there's no way to get a legal DVD or BD, it's most definitely a bootleg.
(Although...theoretically, since there are people in the industry amongst the members, what about award screeners? I know there are rules regarding these screeners, but would taking screen caps be in violation of those rules?)
As for the violators, repeat violators should be punished.
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