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Anti piracy and content protection summit slides


Anti-Piracy and Content Protection Summit …

Anti-Piracy and Content Protection Summit
November 14 - 16, 2011, Sentry Center, New York

Published in Business , Technology
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  • 2. Since its inception, the Internet has doubled in size approximately every fourteen months.
  • 3. The Problem…. The DMCA has not scaled well for enforcing copyrights infringed by means of P2P file-sharing networks. The safe harbor provisions of § 512 covers routing and transmission. This has led to waves of John Doe litigations, which does not scale well either. Notice-forwarding agreements (“Notice and Notice arrangements”) as a workaround (COMCAST/VERIZON/DISNEY/RIAA)
  • 4. New Developments In 2010, members of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement (“ICE”) conducted an investigation into websites that illegally distributed copyright-protected content, particularly, first-run movies, over the Internet. During the course of the investigation, ICE agents discovered that many of the websites that are involved in the illegal distribution of copyright- protected content over the Internet may be divided into two classes: “linking” websites and “cyberlocker” websites.
  • 5. New Developments Beyond Peer-to-Peer..... Direct download websites (“cyberlockers” or “one-click hosting” services) (e.g., MegaUpload, DropBox, HotFile, RapidShare, MediaFire, FileSonic, FileFactory MegaVideo, DepositFiles and 4Shared) System of Referral Links - Easier to enforce (recentralization) (Follow the Money) Many brand and trademark infractions are committed by unauthorized resellers, dealers and agents who advertise one brand of product then switch the consumer at the point of sale to a competitive product or black market look-a- like.
  • 6. Proposed Solutions Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property (PROTECT IP) Act (S 968) Stop Online Piracy Act (SOPA) (HR 3261) Who has taken interest? Computer & Communications Industry Association with respect to the impact on fair use, and the Business Software Alliance with respect to cloud computing.
  • 7. Proposed Solutions Software authors: Write software in such a way that it can be recalled or modified after it has been obtained by a user and then put to an undesirable purpose; (2) Program software to disable the installed software of others. Control over software as a service allows for minor adjustments in code. Backbone level of the Internet (Fingerprinting, filtering and blocking technologies) System of private, Online Dispute Resolution via ICANN similar to UDRP
  • 8. Proposed Solutions Digital content protection services (Quality Control) Alliances (Law Enforcement, International, ISPs) Safe and Effective Distribution Channels
  • 9. Sales Controls Using the C.O.P.E. Program Factors involved in the sale of products: Company Order Person End user
  • 10. Company Indicators The company is unknown to you. It has recently been established. It has recently changed its name (but has the same ownership). It has recently changed ownership. It has recently changed ownership and changed its name. It has one or more subsidiaries (local, national, and global). It has recently set up subsidiary companies. It shares an address(es) with other companies in a similar industry. It has links to another company or companies not through ownership, or it shares employees (family). Its market is primarily international (it is looking to acquire products at cheaper rates). Its facilities do not justify the ordered products.
  • 11. Company-related Questions Company Is the company in your database? Has the company profile been completely filled out? Who are the directors? When was the company formed? Does the company have subsidiaries or branch offices locally, nationally, or in other countries? Where are the company's primary markets? What are its channels of distribution? What shippers does it use? Has the company ever been involved in any civil or criminal litigations or proceedings?
  • 12. Company-related Questions Has the company provided your company with a recent financial statement? Who are the company's clients and customers? Has there been a change of ownership within the last year? Has the company changed its name in the last year? Would the company report to you anyone who approaches it to provide gray market goods? Would the company be willing to use a preselected group of shippers?
  • 13. Company-related Questions Would the company agree to a biannual audit by your company? Would the company agree to a visit at its offices and facilities by a representative of your company? Would the company be willing to reimburse you for products sold to it that are found on the gray market Would the company object to a background investigation? Has the company moved to new facilities within the last year?
  • 14. Order Indicators The first order for the company is unusually large. The company ordered only one specific product. The order does not make sense (e.g., too large for the claimed purpose). The company requested special pricing. The company required immediate shipping.
  • 15. Order-related Questions What is the size of the order? Does the order make sense for the customer? What product is being ordered? Are the bill-to and ship-to information the same? Are there questionable shipping instructions, shippers, or forwarders? How will the company use your products? Does the company want your products because of the price or because of their quality? Is a new freight forwarder being used?
  • 16. Person Indicators One or more of the directors of the company is a director of one or more other companies. The company has directors, owners, and/or employees with relatives working at your company. The company's directors, owners, and/or employees have personal relationships with employees of your company. Some of the company's employees are former employees of your company.
  • 17. Person-related Questions What interest (ownership, directorship, employee) does the company itself and everyone in the company have in other companies? Does the company have ties with or are any employees in the company related to anyone who works at your company? Do family members or any of the employees work for the company's competition? Are any of the company's current employees former employees of your company?
  • 18. End-User Indicators The company is a subsidiary of a purchasing company. The company is located in a country other than the country in which the order was placed. The company is a government agency; and even though it has never bought your products before, it is placing a large order. The company is a reseller and claims that the end user is confidential or that the product is for a confidential project.
  • 19. End-user Related Questions Would the company object if you verified all orders over X number of products? Has the company verified the end users' ability to legally use or acquire products? How will your products be used? Does the company meet your compliance department's standards and qualifications to purchase the product?
  • 20. Best Practices Share information with others in a manner consistent with antitrust, privacy and other applicable laws, but members should do so consistently and in a uniform manner as part of working groups Public relations and advertising campaigns to end users as well as distributor education and involvement Highlight your brand as a hard target by giving high visibility to aggressive prosecution of violation of compliance and product diversion matters
  • 21. Best Practices for Enforcing Your Policies  Conduct training and awareness programs concerning diversion and gray market prevention activities for your company sales staff as well as OEMs, customers and distributors  Make undercover purchases of products on a regular basis from the gray market to gain acceptance in the gray market-diverter community  Use stings, buy-and-bust, and deception operations against known gray marketers  Take legal actions, request customs seizures, and demand differential price repayments from diverters
  • 22. Best Practices for Managing Sales and Marketing Activities  Review Sales Procedures and Contract Forms  Remove “gray market friendly” language  Restrictions on where goods can be sold, conditions for sale and resale pricing, and so forth, all lower risk and increase chances for recovery of margins  Tighten controls and procedures for programs involving large discounts, and check for fraud by employees or customers  Train the staff to use due diligence inquiries for all new customers or unusual deals with existing customers  Check for fraud or misrepresentation by employees  Check for fraud or misrepresentation by customers  Ensure that employee compensation programs, rebate programs, and discounts do not encourage fraud or abuse leading to gray market goods  Establish ethics program training, and implement enforcement
  • 23. MONITOR THE MARKETPLACE  Track shipments from production facilities to end users to verify the supply chain  Monitor the Internet for products and price anomalies to identify gray market products that quickly appear in the marketplace  Take prompt remedial action  Purchase sample products from Internet sources considered questionable so that you can determine their source and authenticity  Continually collect intelligence about customer mergers, acquisitions, and new ventures  Covert penetration of gray market operations requires “front” purchasing companies around the world that are viewed as part of the gray market system and trust by the bad guys – this provides real-time tracking of product movement and allows monitoring for distribution-- incorporate into a database of gray market good players and pricing trends