docThe Online Business Models
download 
Report Transcription
The Online Business Models
Online Business Models Infringing Intellectual Property Rights Erling Vestergaard European Observatory on Infringements of Intellectual Property Rights European Union Intellectual Property Office Webinar, 26 July 2016 Content • The Online Business Models - The Importance of Business Model Analysis - The 9 ‘Legal’ Business Models of the Web • New Method to Analyse ‘Illegal’ Online Business Models Infringing IPRs • The 5 Categories of Business Models – Examples • Perspectives The Importance of Business Model Analysis The Online Business Models The Importance of Business Model Analysis The Importance of Business Model Analysis Elements in understanding an infringing business Inspired from Lawrence Lessig: Code and Other Laws of Cyberspace (1999) The Importance of Business Model Analysis Elements in understanding an infringing business Inspired from Lawrence Lessig: Code and Other Laws of Cyberspace (1999) The 9 ‘Legal’ Business Models of the Web The Online Business Models The 9 ‘Legal’ Business Models of the Web The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Merchant Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Merchant Manufacturer (Direct) Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Merchant Manufacturer Affiliate (Direct) Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Merchant Manufacturer Affiliate Commu(Direct) nity Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Merchant Manufacturer Affiliate Commu(Direct) Subnity scription Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Professor Rappa’s ‘9 Business Models of the Web’ Brokerage Advertising Infomediary Merchant Manufacturer Affiliate Commu(Direct) Subnity scription Utility Professor Michael Rappa: Business Models On The Web http://digitalenterprise.org/models/models.html The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD "The digital economy, new business models and key features", in Addressing the Tax Challenges of the Digital Economy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue "The digital economy, new business models and key features", in Addressing the Tax Challenges of the Digital Economy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent "The digital economy, new business models and key features", in Addressing the Tax Challenges of the Digital Economy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent Selling of goods "The digital economy, new business models and key features", in Addressing the Tax Challenges of the Digital Economy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent Selling of goods Selling of services "The digital economy, new business models and key features", in Addressing the Tax Challenges of the Digital Economy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent Selling of goods Selling Subof services scription based revenues "The digital economy, new business models and key features", in Addressing the Tax Challenges of the Digital Economy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent Selling of goods Selling Subof services scription Licensing based revenues content and "The digital economy, new business models and key features", in technoAddressing the Tax Challenges of the Digital Economy logy OECD Publishing, Paris, 2014 The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent Selling of goods Selling Subof services scription Licensing based revenues content and "The digital economy, new business models and key features", in technoAddressing the Tax Challenges of the Digital Economy logy OECD Publishing, Paris, 2014 Selling of user data etc. The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Digital content sale or rent Selling of goods Selling Subof services scription Licensing based revenues content and "The digital economy, new business models and key features", in technoAddressing the Tax Challenges of the Digital Economy logy OECD Publishing, Paris, 2014 Selling of user data etc. “Hidden” fees and loss leaders The 9 ‘Legal’ Business Models of the Web Generally applicable online business models: Revenue sources according to OECD Advertising based revenue Donation based revenue Digital content sale or rent Selling of goods Selling Subof services scription Licensing based revenues content and "The digital economy, new business models and key features", in technoAddressing the Tax Challenges of the Digital Economy logy OECD Publishing, Paris, 2014 Selling of user data etc. “Hidden” fees and loss leaders New Method to Analyse Online Business Models Infringing IPRs New Method to Analyse Online Business Models Infringing IPRs New Method to Analyse Online Business Models Infringing IPRs The Provider • Deloitte Advisory S.L. supported by • An Attorney-at-Law specialising in internet cases, a panellist in WIPO UDRP • An IT Forensic expert, previously working for a cybercrime police unit Two Phases • Overview - Phase 1 (2015) • Quantitative - Phase 2 (2016) • ....more EUIPO initiatives.... Published 12 July 2016 New Method to Analyse Online Business Models Infringing IPRs The Methodology New Method to Analyse Online Business Models Infringing IPRs The Methodology Online Business Models Infringing IPR Online Business Models Infringing IPR Online Business Models Infringing IPR The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples Creating an overview of online business models infringing IPR (25 - 27 - analysed business models) Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier Darknet Hidden Services Phishing, Malware Dissemination and Fraud Digital Content Sharing on Open Internet The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Functionality of the Domain Name System IP address: 109.232.208.230 https://euipo.europa.eu DNS Server DNS Server The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier The 5 case studies Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Canvas 1 Cybersquatting Canvas 2 Domain Name Parking Affiliate Marketing Making Unauthorized Trademark Use in the Canvas 3 Domain Name Marketing of Counterfeited Products While Misusing the Related Canvas 4 Trademark in the Domain Name Marketing of Non-Genuine Products on Website Making Canvas 5 Unauthorized Use of an Unrelated Trademark in the Domain Name WIPO UDRP, Case 2010-0406, Decision of 5 May 2010 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier WIPO UDRP, Case 2010-0406, Decision of 5 May 2010 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Affiliate Marketing Model WIPO UDRP, Case 2010-0406, Decision of 5 May 2010 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Affiliate Marketing Model WIPO UDRP, Case 2010-0406, Decision of 5 May 2010 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Affiliate Marketing Model WIPO UDRP, Case 2010-0406, Decision of 5 May 2010 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Affiliate Marketing Model WIPO UDRP, Case 2010-0406, Decision of 5 May 2010 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Affiliate Marketing Model Danish Dispute Board for Domain Names, Case 2015-0093, Decision of 15 September 2015 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Danish Dispute Board for Domain Names, Case 2015-0093, Decision of 15 September 2015 The 5 Main Categories of Business Models – Examples Open Internet Marketing Misusing IPR in Domain Name or Digital Identifier Webshop Affiliation Model Domain Names Webshops Infringing Entity The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier The 5 Main Categories of Business Models – Examples Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier The 5 case studies Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier Canvas 6 Online Pharmacy Marketing Prescription Medication Canvas 7 Website Marketing Applied Arts Replica Marketing Goods or Digital Content on Third Party Online Canvas 8 Wholesale Marketplace (B2B) Canvas 9 Sale of Non-Genuine Goods through Social Media Networks Canvas 10 Virtual Product Marketing in a Virtual World UNICRI Report ‘Counterfeit medicines sold through the Internet (2010) The 5 Main Categories of Business Models – Examples Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier UNICRI Report ‘Counterfeit medicines sold through the Internet (2010) The 5 Main Categories of Business Models – Examples Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier WIPO Document SCT/24/4, 2010, Trademarks and the Internet The 5 Main Categories of Business Models – Examples Open Internet Marketing Without Misusing IPR in Domain Name or Digital Identifier The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples Darknet Hidden Services The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the The Onion Router (TOR) browser work? Step 1 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the The Onion Router (TOR) browser work? Step 2 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the The Onion Router (TOR) browser work? Step 3 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the Bitcoin payment system work? Component 1 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the Bitcoin payment system work? Component 2 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the Bitcoin payment system work? Component 3 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the Bitcoin payment system work? Component 4 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the Bitcoin payment system work? Component 4 The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does the Bitcoin payment system work? Component 5 The 5 Main Categories of Business Models – Examples Darknet Hidden Services The Escrow Service The 5 Main Categories of Business Models – Examples Darknet Hidden Services The Escrow Service The 5 Main Categories of Business Models – Examples Darknet Hidden Services The Escrow Service The 5 Main Categories of Business Models – Examples Darknet Hidden Services The Escrow Service The 5 Main Categories of Business Models – Examples Darknet Hidden Services The 5 (7) case studies Canvas 11 Canvas 12 Canvas 13 Canvas 14 Canvas 15 Darknet Hidden Services A. Darknet TOR Hidden Service User Account Shop B. Darknet TOR Hidden Service User Account Shop Vendor Darknet TOR Hidden Service E-book Library Darknet TOR Hidden Service Marketing Weapons and Firearms A. Darknet TOR Hidden Service Marketplace for Goods and Services B. Vendor on Darknet TOR Hidden Service Marketing Storage Media Preloaded with Digital Content Darknet TOR Hidden Service Marketplace For Protected or Sensitive Information The 5 Main Categories of Business Models – Examples Darknet Hidden Services How does a Darknet marketplace function? Postal/Parcel/Express Courier Service Bitcoin Exchange Provider TOR Browser TOR Hidden Marketplace TOR Browser (Escrow) Vendor Admin 10% Fee Consumer The 5 Main Categories of Business Models – Examples Darknet Hidden Services The 5 (7) case studies The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples Phishing, Malware Dissemination and Fraud The 5 Main Categories of Business Models – Examples Phishing, Malware Dissemination and Fraud The 5 case studies Canvas 16 Canvas 17 Canvas 18 Canvas 19 Canvas 20 Phishing, Malware Dissemination and Fraud Spoofing Website Making Unauthorized Use of a Trademark Phishing E-mails Making Unauthorized Use of a Trademark Android Smartphone Application Making Unauthorized Use of a the Trademark, Providing Access to Pornographic Content and Disseminating Malware Malware Dissemination from Website Making Unauthorized Use of a Trademark Fraudulent use of the Trademark of a Trademark Registration Office The 5 Main Categories of Business Models – Examples Phishing, Malware Dissemination and Fraud Phishing The 5 Main Categories of Business Models – Examples Phishing, Malware Dissemination and Fraud Ransomware WIPO UDRP, Case 2015-1628, Decision of 10 November 2015 The 5 Main Categories of Business Models – Examples Phishing, Malware Dissemination and Fraud Malware injection WIPO UDRP, Case 2015-1628, Decision of 10 November 2015 The 5 Main Categories of Business Models – Examples Phishing, Malware Dissemination and Fraud Malware injection Spoof website exploiting a weakness in the Java application to install a Trojan Spear fishing email inviting recipient to press a link Re-directing to TM holders genuine website But what is the economic value of an infected device? The 5 Main Categories of Business Models – Examples Virtual Goods Phishing Website Malware Download Website Digital Content Piracy Server Child Pornography Server SPAM Website Webmail Spam 419 Scams Harvesting E-mail Contacts Harvesting E-mail Acc Corporate E-mail Acc Access Virtual World/Gaming Avatars Virtual World/Gaming Goods/Curency Harvesting Software License Keys Web Server Botnet Activity E-Mail Attacks Fraudulent Auctions Virtual World/Gaming Credentials Website FTP Credentials VoIP Credentials Client Side Encryption Certificates SPAM Zombie DDOS Zombie Click Fraud Zombie CAPTCHA Solving Zombie Anonymisation Proxy Financial Credentials Account Credentials Reputation Hijacking Hostage Attacks Social Media Blogs Credit Card Data Bank Acc Financial Trading Acc Mutual Fund Acc Virtual Currency Wallet Fraudulent Antivirus Unwanted Software/Adware Ransomware E-mail Acc Ransom Webcam Image Extortion The 5 Main Categories of Business Models – Examples The 5 Main Categories of Business Models – Examples Digital Content Sharing on the Open Internet The 5 Main Categories of Business Models – Examples Digital Content Sharing on Open Internet The 5 case studies Canvas Canvas Canvas Canvas Canvas 21 22 23 24 25 Digital Content Sharing on Open Internet Website with Links to Digital Content Website Contributing to Video Streaming Torrent Website File Sharing Cyberlocker Television Streaming The 5 Main Categories of Business Models – Examples Digital Content Sharing on Open Internet Digital Display Advertising The 5 Main Categories of Business Models – Examples Digital Content Sharing on Open Internet Digital Display Advertising Published 12 January 2016 and freely available on the Observatory subpage on the EUIPO website www.euipo.europa.eu Dedicated webinar on the study also available on www.euipo.europa.eu Perspectives Perspectives Perspectives Legitimate compared to infringing business models Digital platforms Infringing business make more extensive use of Darknet Revenue sources Mostly identical direct and indirect revenue sources, but infringing businesses uses virtual currencies more and sometimes applies malware injection and phishing techniques Customer relations Infringing businesses sometimes have less developed advocacy, discount, and return/refund features; infringing business models often apply deceptive marketing practices Marketing techniques Often comparable use of advertising, search engine optimization, affiliate marketing etc., but infringing businesses sometimes apply illegal marketing tools like SPAM, spoofing and phishing and make unusual domain name use Intermediary use Mostly the same use of internet services, payment providers, shippers and express courier services Enforcement resilience Application of techniques to hide identity and hinder or resist legal action seems extensively used in infringing businesses Perspectives Closing remarks • Many IPR infringing business models are based on generally applicable online business models using different online platforms and marketplaces • Operators can and do use these platforms and marketplaces to trade IPR-infringing goods and services either to other businesses or to consumers • However the business models sometimes apply clearly deceptive marketing practices even if the deceptiveness can be unrelated to the IPR infringement • And considering that some business models have been specifically developed to intentionally benefit from IPR infringement Perspectives Closing remarks • It has been found that vendors often conceal identity, expand (or move) to Darknet and show remarkable resilience against enforcement action • While it is also found that the borderline between IPR infringing activities and traditional cybercrime is blurring • Many IPR infringing business models gain revenue in comparable ways to legal business models, but sometimes revenue is gained from decisively fraudulent activities
