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Print articleEfforts Across Asia to Stamp Out Piracy
January, 2007 -
For the first time in Hong Kong, during the first half of 2006, civil suits were filed against Internet users for illegally uploading, downloading and sharing pirated music on the Internet using the WinMX file-sharing software. The suits were filed by record companies (Cinepoly, Emperor Entertainment, Go East, Gold Label, Sony BMG, Universal Music and Warner Music) and the International Federation of the Phonographic Industry after managing to persuade the courts to compel the internet service providers to reveal the identities and addresses of the suspected account holders. The suits seek unspecified damages, injunctions to stop further infringement and deletion of all illegal files. Cease and desist warning letters and instant messages sent by the record companies prior to commencing legal action were mostly ignored.
In Singapore early 2006, Motion Picture Association (MPA) together with local distributor Alliance Entertainment brought a claim against TS Group, a group of home video distributors for illegal distribution of pirated MPA member company movie titles (ie. Die Another Day, Double Vision, Solaris and Vampires: Los Muertos) and causing significant losses and damages to MPA member companies. A settlement was reached whereby TS Group agreed to pay damages, publish an acknowledgement of wrongdoing, support MPA’s anti-piracy initiatives and desist from further illegal sales and pledged to pay additional sums should they breach the terms of the settlement agreement. MPA estimates that its members are losing more than US$896 million in potential revenue every year in the Asia Pacific region alone.
In Malaysia, the Recording Industry Association of Malaysia (RIM) is reported to be stepping up its efforts to fight music piracy by sending out warning letters to owners of shopping complexes who fail to take action against tenants who pirate CDs with a view to taking civil actions against these landlords. RIM is also considering working with the government to search the internet for, and stop, Malaysia-run websites that are offering illegal copies of music, movies and software. So far, warning letters have been effectively used in some cases to close down such sites.
In Korea, an initiative between lawyers and a film portal company has been set up to combat illegal internet distribution of films in Korea. The film portal company will provide information to the lawyers who will carry out infringement actions against the offenders. In addition the film portal company will promise rewards to those who report illegal distribution activity. This year is seeing the film industry follow the music industry in cracking down on internet piracy. According to Korean Film Council (KOFIC), internet downloads should be “acknowledged as a newly emerged medium and an aggressive market strategy should be created to address it.”
In Mainland China, Chinese authorities have been stepping up anti-piracy campaigns by raiding factories running disc copying businesses around the country making illegal DVDs and CDs, revoking business operation licences and stopping further production. Apparently, MPA research has revealed that the industry loss caused by piracy in China is US$2.7 billion, with US$1.5 billion in damage to the Chinese film industry and only US$244 million to the Hollywood studios. This was the first research in China to examine the specific piracy situation which also revealed that the pirated optical discs industry has a 93% market share in China. Despite this, in a recent copyright infringement claim by seven music companies against NASDAQ-listed Baidu.com, the Beijing First Intermediate Court rejected their claim and found that Baidu.com’s MP3 search engine service did not infringe the copyright of the music companies.
In Singapore early 2006, Motion Picture Association (MPA) together with local distributor Alliance Entertainment brought a claim against TS Group, a group of home video distributors for illegal distribution of pirated MPA member company movie titles (ie. Die Another Day, Double Vision, Solaris and Vampires: Los Muertos) and causing significant losses and damages to MPA member companies. A settlement was reached whereby TS Group agreed to pay damages, publish an acknowledgement of wrongdoing, support MPA’s anti-piracy initiatives and desist from further illegal sales and pledged to pay additional sums should they breach the terms of the settlement agreement. MPA estimates that its members are losing more than US$896 million in potential revenue every year in the Asia Pacific region alone.
In Malaysia, the Recording Industry Association of Malaysia (RIM) is reported to be stepping up its efforts to fight music piracy by sending out warning letters to owners of shopping complexes who fail to take action against tenants who pirate CDs with a view to taking civil actions against these landlords. RIM is also considering working with the government to search the internet for, and stop, Malaysia-run websites that are offering illegal copies of music, movies and software. So far, warning letters have been effectively used in some cases to close down such sites.
In Korea, an initiative between lawyers and a film portal company has been set up to combat illegal internet distribution of films in Korea. The film portal company will provide information to the lawyers who will carry out infringement actions against the offenders. In addition the film portal company will promise rewards to those who report illegal distribution activity. This year is seeing the film industry follow the music industry in cracking down on internet piracy. According to Korean Film Council (KOFIC), internet downloads should be “acknowledged as a newly emerged medium and an aggressive market strategy should be created to address it.”
In Mainland China, Chinese authorities have been stepping up anti-piracy campaigns by raiding factories running disc copying businesses around the country making illegal DVDs and CDs, revoking business operation licences and stopping further production. Apparently, MPA research has revealed that the industry loss caused by piracy in China is US$2.7 billion, with US$1.5 billion in damage to the Chinese film industry and only US$244 million to the Hollywood studios. This was the first research in China to examine the specific piracy situation which also revealed that the pirated optical discs industry has a 93% market share in China. Despite this, in a recent copyright infringement claim by seven music companies against NASDAQ-listed Baidu.com, the Beijing First Intermediate Court rejected their claim and found that Baidu.com’s MP3 search engine service did not infringe the copyright of the music companies.
