Your SlideShare is downloading. ×
0
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Anti piracy and content protection summit slides
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Anti piracy and content protection summit slides

502

Published on

Anti-Piracy and Content Protection Summit …

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

Published in: Business, Technology
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
502
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
0
Comments
0
Likes
1
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. COORDINATE YOUR ANTI-PIRACY INITIATIVES WITH YOUR COMPANY’S SALES FORCE
  • 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

×