zlatko pejakovic
Transcription
zlatko pejakovic
19425 Bulletin Jan08:Layout 1 March35 ... Issue Issue 2008 26 January In this issue: 2 3 4 5 6 7 8 9 10 11 12 Belgium Netherlands United Kingdom Netherlands Czech Republic Spain Spain Italy Hungary Brazil Colombia Argentina Nigeria U.S.A. China Indonesia Malaysia Australia Indonesia Malaysia Russia News in brief Turkey Russia People Diary 2008 Contact details enforc e m e n t bulletin 31/01/2008 17:50 Page 1 INTERPOL launch Intellectual Property crime course IFPI experts participated in the first ever intellectual property rights (IPR) training seminar organised by INTERPOL in November. The event saw 26 police investigators from 18 countries attend a course designed to promote the global investigation of IPR crime. Law enforcement officers heard from IPR experts from the music, pharmaceutical, sportswear and tobacco industries, as well as speakers from the US Chamber of Commerce, FBI and Department of Homeland Security. respective countries and were tasked with developing training programmes to enhance the investigation of IPR crimes on their return home. Backup will be provided by INTERPOL, which has already launched a revised version of its training manual that is being translated into several languages. The event was hosted by the GdF at the Scuola Polizia Tributaria and organised in conjunction with the INTERPOL IP Crime Action Group and the Italian Government. The GdF offered to make these facilities available for a second course planned for March 2008. Such was the interest generated by this innovative programme that three other countries have also offered to host similar INTERPOL sponsored training courses in the future. Source: IFPI During the event visits were made to offices of the Guardia di Finanzia (GdF) in Rome and Italian Customs at Fiumicino airport to see how piracy and counterfeiting offences are dealt with in Italy. Officers attending the course gave presentations about the problems they encounter in their Students and Instructors at the inaugural INTERPOL training seminar at the Guardia di Finanza School in Ostia. SENIOR POLICE CHIEF JOINS IFPI TO HEAD ANTI-PIRACY TEAM Len Hynds, Former Assistant Chief Constable and Deputy Director of the Serious Organised Crime Agency (SOCA), joined IFPI on 2nd January 2008 as head of antipiracy enforcement. He will lead a team that works alongside governments and agencies across the world tackling the widespread production and trafficking of pirate CDs. He will also work closely with IFPI's London-based Internet AntiPiracy Unit, using his specialised knowledge of cyber- crime and hi-tech enforcement. Hynds is one of the UK's most senior specialists in fighting organised crime and has played a key role in advising government on how to tackle hi-tech and cybercrime. He has more than 30 years experience in the police force, including several years as the first head of the UK's National Hi-Tech Crime Unit. Hynds is also widely acknowledged as an international expert in the field of criminal enforcement. Len Hynds says: "Organised crime in all its guises acts like a parasite on the legitimate infrastructures of society. Nowhere is this more obvious than in the world of music piracy. Turning the tide against this destructive phenomenon is a challenge I relish. IFPI is an impressive organisation, and I am pleased to be joining the team. I believe the key to achieving real impact in the future will be innovation and genuine partnership at national and international level. " Source: IFPI 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 2 Regional news Europe NETHERLANDS BOLLYWOOD PIRATES FINED BY DUTCH COURT A Dutch court has fined a number of Rotterdam shopkeepers up to €15,000 each for selling pirated Bollywood material. Three of the defendants were also given community service sentences of up to 200 hours and a three month conditional prison sentence. The verdicts came at the end of a trial that was triggered by a raid in March 2005 which saw the seizure of more than 140,000 CDs and DVDs containing Indian music and movies from 13 shops across Rotterdam. Most of the illegal product originated in Pakistan, a major source of illegal copies of popular Indian films and music. The raids had involved around 100 officers from the Dutch fiscal police, supported by investigators from record industry bodies IFPI and BPI as well as Dutch anti-piracy group BREIN, who assisted the authorities in identifying illegal product. BPI, which represents the UK recording industry, had a Bollywood music and film piracy expert who supplied specialist advice and additional intelligence ahead of the raids. The rate of Bollywood music and film piracy in the UK is estimated at 70 per cent, far higher than the average national music piracy rate of 10 per cent. Tim Kuik, Managing Director of BREIN, says: "Despite the high profile of online piracy, the sale of counterfeit Bollywood CDs and DVDs is still a major problem in the Netherlands. We are pleased with this verdict that sends a strong message to shopkeepers tempted to make a Source: BREIN quick profit by selling illegal product." SUMOTORRENT SITE CHASED OUT OF HOLLAND Sumotorrent, one of the largest illegal peer-to-peer (p2p) websites, was taken offline by its hosting provider Leaseweb following a demand by Dutch anti-piracy foundation BREIN. The site moved its hosting overseas and is now moving from jurisdiction to jurisdiction in an effort to escape being permanently shut down. Sumotorrent provides its users access to more than 700,000 files, which mainly contain illegal films, music, games and other unauthorised content. The website started six months ago and rapidly attracted 350,000 users a day. Sumotorrent's operator admits that he earns a five figure monthly income. The Netherlands is often incorrectly thought of as a safe haven by the operators of services providing access to illegal content. It is often mentioned on the blogs and forums used by internet pirates as a country without copyright issues. In particular, Leaseweb has been named as the best hosting provider for illegal p2p sites. The actual situation is radically different with BREIN having closed down more than 200 illegal p2p sites across Holland. Tim Kuik, director of BREIN, says: "The operators of sites like these think they are not doing anything to break the law because the illegal content they are using is not stored on their site but with their users. Yet in Holland it is prohibited for a website to make structural use of the availability of illegal content. So it does not matter whether the illegal content is stored somewhere else, the site is still busy organising its illegal distribution. "BREIN will continue to ensure that sites that occupy themselves with the unauthorised distribution of films, music and games cannot easily operate from the Netherlands." BELGIUM FLIKKENDAG 2007 IFPI Belgium participated in the ninth edition of the "Flikkendag" in Ghent on 30th September. The event is linked to a Belgian police TV show called "Flikken" and organised by the Federal Police of Ghent. This year's theme was Europe and more than 100,000 visitors attended. IFPI Belgium, which has co-operated for several years with the police in order to fight against piracy and counterfeiting, set up an information booth together with the Belgian Anti-Piracy Federation (BAF) at the event. Visitors were given an opportunity to learn about problems relating to the illegal sharing of copyright infringing music on the internet and counterfeit CDs and DVDs. In a multimedia presentation IFPI Belgium also explained a number of European anti-piracy campaigns. Several Belgian artists, including Katerine and Danzel, were invited to a signing session where fans could ask for autographs on their CDs. Due to the success of the stand, the organisation has invited IFPI Belgium to the 10th and last session of Flikkendag. Source: IFPI Belgium Anti-piracy Training IFPI Belgium and BAF were invited by the newly-formed Administration of Economic Inspection, which has authority to fight piracy, and the Police Academy PIVO to host a training day in November on counterfeiting and piracy. The purpose of the day was to train the police officers about the identification of counterfeited music, films and games, both online and physical product, and to explain how IFPI and BAF could assist them in their work. Source: IFPI Belgium Source: BREIN 2 EB 35/JAN 08 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 3 Regional news Europe UNITED KINGDOM & NETHERLANDS Worlds largest pre-release pirate music site shut British and Dutch police have shut down the world's biggest source of illegal pre-release chart albums and arrested a 24-year old man in an operation coordinated between Middlesbrough and Amsterdam. The raids, which took place in October and were coordinated by Interpol, followed a two-year investigation by the international and UK music industry bodies IFPI and BPI into the members-only online pirate pre-release club OiNK. OiNK specialised in distributing albums leaked on to the internet, often weeks ahead of their official release date. More than 60 major album releases were leaked on OiNK in 2007, making it the primary source worldwide for illegal pre-release music. The site, which had an estimated membership of 180,000, was used by many hardcore filesharers to violate the rights of artists and producers by obtaining copyrighted recordings and making them available on the internet. It is alleged that the site was operated by a 24-year-old man from Middlesbrough area, who was arrested by local police. The site's servers, based in Amsterdam, were also seized in a series of raids. OiNK's operator allegedly made money by setting up a donations account on the site facilitated by PayPal. Cleveland Police and the FIOD-ECD SCHIPOL branch of the Dutch police undertook the raids, supported by INTERPOL, as part of a carefully-planned international investigation involving anti-piracy investigators from IFPI and BPI. OiNK used the BitTorrent protocol to distribute copyright infringing music. Torrent sites such as OiNK effectively act as a library for illegal music files. BitTorrent is the most popular software for internet file sharing and OiNK was the best-known service for pre-release piracy. OiNK operated an exclusive membership scheme by which users were only invited to join the site if they could prove that they had music to offer. They were encouraged to distribute recordings in the torrent file format with other OiNK members and had to keep posting such music to the site to maintain their membership. Once an album had been posted on OiNK, users that downloaded the music then passed the content to other websites, forums and blogs, where multiple copies were made. Within a few hours of a popular pre-release track being posted on OiNK, hundreds of copies could be found further down the illegal online music supply chain. UNITED KINGDOM No Insurance leads to two arrests Occasionally arrests for piracy come about through unlikely circumstances. Police officers in County Durham, England arrested two men on suspicion of conspiracy to defraud the music and film industries, after they were stopped in a car, which was identified as having no insurance. After questioning the two men in the car, further enquiries were made which led police to execute search warrants at their two houses. The two individuals had already been under suspicion after investigations by BPI and FACT into the supply and distribution of counterfeit music and film in the region. Police said that officers from the force's Automatic Number Plate Recognition (ANPR) unit were on duty in Chester-leStreet, when they stopped a car being driven by the two suspects. The subsequent raids uncovered an estimated 30,000 discs comprising music, films, TV series, and computer games. Several Xboxes were also recovered along with recording equipment, toner cartridges and around £500 in cash. The car has also been seized under the Proceeds of Crime Act and the two men were arrested for copyright offences. Source: BPI The recording industry says that the closure of the site was an important victory in the industry's bid to tackle copyright theft. Jeremy Banks, Head of the IFPI's Internet Anti-Piracy Unit, said: "OiNK was central to the illegal distribution of pre-release music online. This was not a case of a few friends sharing music for pleasure. This was a worldwide network of users that acquired music they did not own the rights to and posted it online. This operation was a classic example of how the recording industry can work with law enforcement agencies to prove that illegal operations on the internet are not immune from detection." Source: IFPI London EB 35/JAN 08 Computers linked to servers controlling the Oink site 3 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 4 Regional news Europe Czech Republic DOGGED DETERMINATION SNIFFS OUT PIRATES The border towns of the Czech Republic host around 60 markets catering almost entirely for visitors from the neighbouring countries of Austria and Germany. The markets are notorious for the sale of all types of counterfeit product. The damage caused by these markets to the music and film industries alone is estimated at several million euro each year. In November, Czech Customs officers raided two border markets in Cheb and Strazny, actions that were prepared and co-ordinated by IFPI Austria and VAP, representing the MPA in Austria. These markets had been the subject of previous raids but are remarkably resilient and persistent in their illegal activities. On this most recent occasion, a special squad of Czech customs authorities were accompanied by two specially trained dogs, Lucky and Flo, who have the ability to detect optical discs. During the raids, officers searched 14 warehouses, numerous stalls and two vans. In total more than 17,000 discs containing music and films were seized and two people were arrested. Among the discs seized were large quantities of the new album from the very popular German group "Die Ärzte", officially released only the day before the seizure and copies of the forthcoming new album "X" from Kylie Minogue, scheduled for release at the end of November. The content of this CD mainly consisted of older songs by the artist. Both CDs were of very poor quality, having been downloaded from the internet. Also found were film titles including brand new blockbusters such as 'Ratatouille'. The border markets have flourished during the last few years and it is estimated that about one million pirated discs are available in these markets every day. Such is the scale of this illegal activity it is thought that about 80 per cent of the counterfeit CDs sold in Eastern Austrian flea markets originate from this source. Source: IFPI Austria Spain JOINT POLICE / CUSTOMS ACTION TO DISMANTLE ILLEGAL MUSIC PLANT Madrid Local Police and the Customs Department of the Spanish Tax Agency carried out a joint operation that led to the dismantling of an illegal music plant The plant was where music CD-Rs and film DVD-Rs were produced which were then distributed to street sellers in Madrid. These pirate vendors then sold these counterfeit products in bars and pubs across Madrid. After inquiries carried out by both enforcement agencies, two people were arrested and 83 burners, 27,325 music CDRs and 18,475 DVD-Rs seized. Production capacity of the dismantled plant has been estimated at approximately 84,000 discs weekly on a 24/7 basis. The market value of such weekly production amounts to over one million euro. OPERATION CASPER II HITS PIRATES IN GRANADA After a two-month investigation following the street sellers of pirate music and films around Granada's restaurants and bars, the Judicial Police Unit of the Armilla Guardia Civil determined that these vendors wereobtaining their products from addresses raided a year previously by the police as part of Operation Casper. The police therefore named their subsequent actions in Churriana de la Vega Operation Casper II. In September, five addresses were raided and twelve people were arrested. The results of these raids indicated that the leaders of the pirate network disrupted last year had remained active. Paws for thought. Flo in action during search in Czech Republic 4 Material seized during raid in Granada The seized material included almost 30,000 CD-Rs, 20,000 DVD-Rs, 30 burners in five recording towers and around 8,000 inlays and 2,500 jewel cases. €8,000 in cash was also discovered during the raids. Source: Promusicae EB 35/JAN 08 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 5 HUNGARY SPAIN Raids in Barcelona Police have carried out two major anti-piracy operations in Barcelona with the assistance of Promusicae, the Spanish National Group. A total of 14 people were arrested during the raids in which two major pirate networks were dismantled. As a result of the raids, 62 burners and 23,000 CDs and DVDs were seized. The first operation was carried out by the Mossos d'Esquadra, the Catalonian autonomous police, who raided a flat where six people were arrested and 3,428 DVDs and 5,972 CDs were seized. The second operation was undertaken by the Spanish National Police, who carried out the search of a flat in the city. During the raid, eight people were arrested and 62 burners (seven towers), 6,044 CDs and 6,957 DVDs were seized, together with 10,000 inlays. Left: Burners seized during the raid Right: Storeroom displaying pirate product ITALY Source: Promusicae Italian government, IFPI and FPM sign antipiracy agreement. Giovanni Kessler, High Commissioner for anti counterfeiting, Paul Warren, IFPI anti piracy coordinator for Europe, and Luca Vespignani, Secretary General of FPM, have signed a memorandum of understanding aimed at enhancing co-operation in the struggle against music piracy. The High Commissioner, IFPI and FPM agreed that the fight against music piracy plays an essential role in the protection of the national and European commercial interests and prevents heavy losses in tax revenues as well as huge losses for the legitimate music industry. The growth of music piracy has led IFPI and FPM to reinforce their co-operation with government agencies at both national and international level. The High Commissioner has acknowledged the music industry's needs and believes a specific enforcement action plan should be put in place. Regional news Europe Police raids halt Bittorrent sites Hungarian police have conducted their first raids against the operators of Warez and BitTorrent servers that were distributing music files on the internet without permission from rights holders. It was the first time officers took such action based on the reasonable suspicion of copyright violations. The raids, which took place in and around Budapest, were the fruit of an intensive education programme for police and prosecutors run by PROART, the Hungarian antipiracy organisation. Officers concluded, based on available evidence, that there were grounds for reasonable suspicion concerning a large quantity of available illegal content on servers that were accessible using the internet. The content was made available after users paid several thousand Hungarian forints into a bank account, the exact amount depending on the timing and speed of the downloads of the music files. Investigators conducted raids at various locations in Budapest and Pest County on 8th November, and as a result, nearly 30 computers and numerous hard drives were seized. Officials are still determining the exact content made available and the financial damage caused, but based on preliminary data, the damage is estimated to be in excess of one billion forints (around US$5 million). Criminal charges have been filed against three suspects. As an indication of the success of these operations, the volume of internet traffic in Budapest declined by 30 per cent in the following few days (BIX: the Budapest Internet Exchange). Source: ProArt/Mahasz The plan includes monitoring, prevention and enforcement actions against all aspects of music piracy. IFPI and FPM will also co-operate with the High Commissioner in public awareness campaigns aimed at raising consumers' understanding of the damage caused by the music piracy. Source: FPM EB 35/JAN 08 5 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 6 Regional news Latin America BRAZIL Major street raids in Brazil Authorities in Farroupilha, a city in the state of Rio Grande do Sul, seized around one million blank optical units, two hundred burners and approximately half a million dollars worth of computer notebooks destined for the various pirate markets of Brazil, during raids in October. The seized goods came from the border town of Rivera in Uruguay. Intelligence indicated that for the past year the duty free markets of Rivera had become a new wholesale outlet for suspect blank optical media and burners. Most of these goods were being sent to Ciudad del Este in Paraguay. The Uruguayan Customs Service believes that in 2007 approximately 35 million blank optical CD-Rs arrived at the duty free markets in Rivera having been falsely declared. A second major operation occurred when Brazilian authorities intercepted three so-called tourist buses, from Ciudad de Este, on a major highway renowned as a route for shipping pirate goods in the Tri-border region. They seized a total of 210,000 CD-Rs and DVD-Rs containing pirated music and movies along with 185 burners and over 300,000 dollars in computer notebooks. Three people were detained. The Brazilian anti-piracy team, Associacao Anti-pirateria de Cinema e Musica (APCM) and IFPI Special Project operations in the area provided key information needed by the authorities to conduct the operation. Later in October, the Military Police executed 18 search warrants in the well-known pirate market of Galeria Pagé. The market is located in the heart of Sao Paulo City's major commercial district. A total of 105,000 DVDs and 18,300 CD-Rs containing illegal film and music products were seized. This marks the third time in a year that Galeria Pagé was raided. Source: IFPI Latin America COLOMBIA CD-R lab seized in Bogota Colombian law enforcement authorities, with assistance from IFPI's local antipiracy team (Apdif Colombia), executed a raid on a major duplicating facility located in the Candelaria Centro Shopping centre in Bogota. As a result of the October raid, 90 burners were seized. The number of burners in a single location makes this raid one of the most significant in the music industry's ongoing anti-piracy enforcement campaign in Colombia. The operation also had strategic value because the raid site was located in a commercial area offering legitimate products. As part of the raid, police also dismantled a storage and distribution center for pirate music products and audiovisual material that served other major markets, including Bogotá. A total of around 5,000 music and film CD-Rs & DVD-Rs, more than 87,000 inlays, and 52,800 labels were seized in the storage area. Police arrested and detained three people during the raid. Burners seized in La Candelaria In other operations in Colombia officers from SIJIN executed warrants in Aguachica Cesár, seized 32 burners and arrested 3 persons involved in duplicating pirate CDs. In the southern suburbs of Bogata officers seized 15 burners and arrested one further person suspected of supplying discs to the San Andresito markets. 6 Burners and blank diiscs seized during enforcement activity Source: APDIF Colombia EB 35/JAN 08 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 7 Regional news Latin America / North America ARGENTINA Largest seizure of burners in Argentina In Argentina, 300 officers from the Gendarmería Nacional and the Prefectura Naval Argentina from the Buenos Aires suburb of La Salada carried out a series of raids against music pirates. The operation, which commenced on the morning of 2nd October and finished the on the evening of the following day, recovered enormous quantities of infringing material. During the search of 13 homes, officers uncovered storerooms and burning sites in various locations. The group behind this illegal activity had divided their operations to minimise the risk of Search underway by officers from the discovery, producing discs in some locations, Gendarmeria Nacional printing the inlays in others and packaging the product for distribution elsewhere. The material was then sold in disparate sites across the city. The product seized included 8.6 million inlay cards, 273 high speed burners, 136,067 master optical discs, 11,850 blank discs and 45,200 jewel boxes. Four people were detained pending further investigation. Source: CAPIF NIGERIA Industry bodies train Nigerian law enforcement Nigerian officials drawn from different law enforcement agencies benefited from a training session conducted by IFPI and MPA in September. On 21st September, 25 participants from the Nigerian Copyright Commission, Nigeria Police, Nigeria Customs Service and Standard Organisation attended the first leg of the training in Abuja, the Nigerian capital city. USA Global investigation, arrests in Las Vegas and Maryland In March 2007, a number of suspected pirate music DVD hip hop albums were found in a shop in Sydney, Australia. These DVDs were part of a series and had all been imported into the country by an Australian distributor. At the same time, similar titles were seen in some well-known UK retail outlets. In an investigation that encompassed national groups in Australia, Britain, Israel and the United States as well as IFPI's forensic laboratory in London, the source of the material was eventually established. The investigations led back to an American company and in December 2007 Nevada law enforcement officials, acting on information provided by RIAA investigators, seized more than 40,000 infringing music video DVDs, 12 computers, 14 duplicating machines and thousands of fraudulent inserts. The owner of the company was arrested on felony violations of Nevada labelling law. A second simultaneous enforcement action was also undertaken in Maryland, resulting in yet more seizures and the arrest of the owner of a retail outlet. The Director-General of the Nigerian Copyright Commission, Adebambo Adewopo, opened the session and thanked the IFPI/MPA team for assisting the LEAs to build their capacity for tackling the serious problem of optical disc piracy in the country. The training programme was timely, coming when the Copyright Commission was commencing the implementation of the Optical Disc Regulation, which recently became law. The training shifted to Lagos where a further 41 officers drawn from the same four organisations attended. Participants were taken on visits to 11 optical disc replicating plants as part of the training. These plant visits enabled each participant to gain hands-on practical knowledge of what was taught in the training room. Officers showed great enthusiasm throughout the visits and expressed gratitude to IFPI and MPA for organising the training sessions. Source: Akeem Aponmade, IFPI/MPA National Co-ordinator, Lagos EB 35/JAN 08 Some of the suspected pirate DVDs found during the investigation. Source: Kenny Giel RIAA 7 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 8 Regional news Asia Pacific CHINA Seven years imprisonment for pirate leader On 5th November, the ring leader of a pirate syndicate based in Chongqing received a prison term of seven years and had assets worth RMB 50,000 (US$6,800) confiscated. The convicted person, Li, had been operating a burning lab in the Sha Ping Ba District with a daily production rate of tens of thousands discs which were distributed to various cities in the Sichuan and Guizhou provinces in addition to the local towns at RMB 1.30 (US$0.17) per disc. The operation continued until December 2006 when the Chongqing Cultural Market Enforcement Team and Public Security Bureau officers raided Li's home as well as his warehouse in Shi Qiao Pu District. A total of more than half a million burnt discs and 128 burners were seized. Allegedly, Li set up the lab together with five others including one who was arrested in October 2007. The other four associates are still at large. IFPI's Asian Regional Office is in close contact with the authorities in Chongqing and is set to provide assistance such as copyright evidence when required. Clandestine warehouse raided in Guangzhou Hai Yin City in Yuexiu District (Guangzhou Municipal, China) is an area of high-end audiovisual equipment and music products, but unfortunately the convenience has attracted pirate distribution syndicates who have been going underground with their operation. The continuous efforts of IFPI Asian Regional Office paid off in October with the successful unveiling of four clandestine storage facilities where all kinds of pirate audio-visual products, including pornography, could be found. The matter was brought to the attention of the Guangzhou Municipal MOC Task Force, who on the same day conducted a series of raids on those facilities. A total of more than 40,000 discs were seized. Seized product in Hai Yin City These dens had a high daily turn-over volume and were estimated to be responsible for the majority of supplies in the district. Distribution centre hidden in residential area The Guangdong Provincial MOC received a tip-off in October about the possible existence of a huge storage facility and distribution centre hidden in the outskirts of a residential area in Nan Hai District of Foshan. Their preliminary investigation confirmed the intelligence and on 12th November a van conveying pirate discs in the area led the investigating officers to the distribution centre, which was immediately raided. In addition to the van, 400,000 pirate discs were seized and one person arrested. According to the authorities, the case will be handed to local PSB for criminal prosecution. Source: IFPI Asia Pacific 8 CHINA Infringing websites "Unplugged" The Guangzhou Municipal MOC Task Force (GZMOC) physically located the server of an infringing website, terminated its connection and seized it following a complaint from IFPI's Asian Regional Office. The authorities also brought the website operator in for questioning. The website had offered more than 100,000 songs for unauthorised free download. The GZMOC handed down an administrative punishment to the operator and confiscated the server in October. IFPI's Asian Regional Office in China filed more than 300 administrative complaints in 2007 with the National Copyright Administration of The People's Republic of China, National Anti-Piracy & Pornography Office, the Ministry of Culture, and various local Copyright Bureaus. This has led to various administrative punishments being imposed upon the operators and owners of those infringing music websites, including shut-down orders, seizure of server orders, orders to takedown infringing links, fine orders and orders to cease infringement. Despite these successful results, a small number of these infringing websites have re-appeared on the internet and their operators have re-located their website servers to other regions within China to evade detection and action by local government departments. IFPI will continue to pursue these infringing websites and file more complaints against new infringing websites across China. Since October 2006, 65 infringing websites have been ordered to shut down by various Government departments in China after complaints from IFPI about the infringement of copyrighted sound recordings. In addition, more than 4,700 Cease and Desist notices were sent to infringing websites in China in 2007 and approximately 70 per cent of them closed. Source: IFPI Asia Pacific EB 35/JAN 08 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 9 Regional news Asia Pacific INDONESIA MALAYSIA Following on from factory raids in July 2007, which closed two businesses and recovered 11 lines, a third registered facility was raided by a combined team of Indonesian police and IFPI personnel in August. Malaysian authorities raided three illegal optical disc manufacturing plants, recovered six replication lines, several hundred infringing stampers and thousands of infringing discs in November and December. FURTHER FACTORY RAID On entry, the seven-line facility was found to be manufacturing pirate products. An investigation uncovered 40,000 infringing discs and 125 stampers, none of which were marked with the LBR and mould codes as required by Indonesian law. In addition, it was discovered that the plant owners had failed to register a number of the replication lines, also a legal requirement, and that a substance had been placed on the mould surfaces to prevent the transfer of SID codes to optical discs. Preliminary examination of the production records revealed that the plant was replicating in excess of 110,000 discs per day. MALAYSIAN POLICE RAID ILLEGAL DISC PLANTS The Royal Malaysian Police, working with music industry anti-piracy operatives, acted on information from a source and moved against the first suspected illegal facility in Kluang, Johor province on 20th November. The raid netted three replication lines and more than 6,000 infringing discs. A review of evidence recovered from the first facility led to the location of a second suspected illegal factory in the same town. The police subsequently raided this optical disc plant and located a further two replication machines with several hundred infringing discs. The Royal Malaysian Police then passed the investigation and exhibits to the Ministry of Domestic Trade and Consumer Affairs (MDTCA) which, together with industry investigators, identified a third related suspected illegal replication plant. When the authorities approached this optical disc plant they discovered the owners attempting to remove a sixth replication line in a heavy goods vehicle. This replication line was also seized. The authorities and industry operatives continue to investigate the syndicate, their activities and the individuals involved. On conclusion of the raid, six employees were arrested and, according to the police commander at the scene, are likely to face prosecution. The authorities have subsequently decommissioned all seven pressing lines and removed all production records for examination. As a follow up to the raid, a goods vehicle, later discovered to have been used by the factory for the delivery of pirate discs to the local market place, was recovered and found to contain in excess of 40,000 pirate discs. IFPI South East Asia/Pacific anti-piracy operatives are now actively helping the authorities with stamper reading and examining production records to ascertain the exact quantities and titles of music product produced. Bob Youill Regional Coordinator said, "The Indonesian authorities have disrupted a major producer of pirate product. We thank them wholeheartedly for their excellent work". EB 35/JAN 08 Production line seized by Malaysian authorities Source: IFPI Asia Pacific 9 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 10 Regional news Asia Pacific Australia Pirate Croatian CDs seized in Melbourne Victorian Police seized approximately 5,000 burnt Croatian CDs and extensive computer burning equipment in a raid on the home of a prolific trader of Croatian pirate music in the Melbourne suburb of Cheltenham. The raid, which took place in August, was assisted by Music Industry Piracy Investigations (MIPI). The pirate trader first came to MIPI's attention when selling burnt Croatian music in church grounds at Keysborough, Clifton Hill and Ardeer in Melbourne to unsuspecting consumers. Enquiries over the course of six months led MIPI investigators to the home of a woman from where it is understood that large quantities of pirate CDs were being manufactured and distributed for sale. The CDs featured unauthorised recordings of popular Croatian artists including Thompson, Matko Jelavic and Zlatko Pejakovic. It is expected that criminal charges will be laid against the pirate trader. Sabiene Heindl, General Manager of MIPI says: "The music industry is committed to protecting the copyright of artists and songwriters whether they are based in Australia or overseas. Traders who deliberately burn music and sell it to unsuspecting customers are not only deceiving consumers but they are taking food off the table of artists and songwriters that devote their life to creating music." Pirated DVDs seized and web sites shut down in joint operation Australia Police raid another pirate seller of Croatian Music Following a huge haul of pirate Croatian CDs in August, Victorian Police raided the home of another large scale pirate Croatian music seller at Taylors Lakes, Melbourne. MIPI assisted the Keilor Downs Criminal Investigation Unit seize over 3,000 pirate Croatian CDs, blank media and extensive computer burning and printing equipment during the November raid. Customer order lists were also seized. Following widespread media attention of the raids in Cheltenham, MIPI received a large number of piracy reports from the general public pointing to the pirate seller at Taylor Lakes. The man was allegedly manufacturing pirate discs in a purpose- built area in his home and selling them at local church markets and through customised orders. Victorian police raided the South East Melbourne residence of a 30 year-old man in August, seizing more than 2,000 pirated DVDs and computer equipment allegedly used to manufacture illegal optical discs. The man had allegedly been operating several web sites hosted out of the USA and Germany, offering pirated music videos, movies and computer games to customers in Australia and overseas with the claim they were "original items". The raid followed a lengthy joint investigation by MIPI and the Australian Federation Against Copyright Theft (AFACT). Asian music and film importer raided in Sydney New South Wales Police, supported by investigators from MIPI and Verifact investigators representing KCAB Korean Movies, raided the premises of Success Audio and Video of Anzac Parade, Kingsford in Sydney. Thousands of high quality counterfeit CDs and DVDs imported from Asia were seized in the October raid. The counterfeit CDs were being sold to unsuspecting customers for $10 each and included Western titles from Nora Jones, Robbie Williams, David Bowie, Avril Lavigne, the Backstreet Boys and Michael Jackson. Asian movie and music titles were also seized. The raid followed separate investigations by MIPI and its Asian affiliate, IFPI in Hong Kong and by Verifact on behalf of KCAB Korean Movies. 10 Extensive foreign works seized by police Source: MIPI EB 35/JAN 08 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 11 Regional news Asia Pacific INDONESIA MALAYSIA Raids on digital download outlets IFPI Asia Pacific has been investigating the spread across Jakarta of illegal digital download outlets which specialise in selling unauthorised music files for storage and use on mobile phones and other digital devices. In addition to the more prevalent simple illegal downloading businesses, that are commonplace in a large number of Indonesian shopping malls, the investigation identified sophisticated illegal operations, offering franchises to smaller vendors. IFPI targeted two such operations and presented an evidence package to the authorities. Consequently, the authorities raided eight locations in Jakarta allegedly linked to the two illegal download operations, including a main office where business records were held. During the November raids law enforcement officers seized more than 60 computers, each holding an average of 28,000 illegal music files, and arrested the principle operator of the business. Source: IFPI Asia Pacific MALAYSIA 'Red Dragon' Malaysian Factory raid Investigators have tracked down and raided the Malaysian manufacturing plant alleged to have produced high quality counterfeit discs marked with the pirate logo 'Red Dragon'. The IFPI Asia Pacific Regional Anti-Piracy Team has long targeted the syndicate behind the 'Red Dragon' brand. The syndicate's discs have been recovered in numerous parts of the world including, the UK, US, Middle East and South East Asia. During the lengthy and complex investigation into the organisation, there have been numerous large seizures of pirate discs, but until recently the 'Red Dragon's' manufacturing centre remained hidden. The industry's Malaysian investigators (RIM) achieved a breakthrough when intelligence was received about the location of a suspected unregistered replication facility in Kuala Lumpur. After several days of surveillance, a raid took place on the 25th October, resulting in the dis- covery of a covert replication plant. Inside the facility, which was concealed in a non-descript industrial building, guarded by high tech surveillance equipment, the raiding team located a fully functioning optical disc replication line, together with numerous 'Red Dragon' audio discs, including titles by Evanescence, Bon Jovi and Good Charlotte. A large number of 'Red Dragon' stampers, silk screens and production orders were also recovered. The owner of the manufacturing plant is now being sought by the authorities. Source: IFPI Asia Pacific Typical ‘Red Dragon’ product and enlarged logo EB 34/SEP 07 Discs seized in hunt for Pirate plant The IFPI South East Asia Operations Team has been working with music industry investigators in Malaysia and the Philippines to locate an underground mastering facility. The facility is believed to be based in Malaysia but has distribution links to the Philippines. As a result of the ongoing investigation, information was cultivated regarding a location in Kuala Lumpur, Malaysia that was used as an "off-site" storage facility for the mastering facility. A complaint was subsequently made to the Malaysian authorities and in September 2007, the authorities raided the premises. Inside, they recovered 2,500 infringing music stampers and 151,000 pirate music discs, embodied with both local and international repertoire. The product was destined for the Malaysian and other Asian markets. IFPI regional operatives are working with the authorities and the Malaysian National Group to locate the underground mastering facility and replication line used to manufacture the seized infringing discs. RUSSIA Security Service raid warehouse Officers from the Federal Security Services (FSB) in Russia targeted a network of retail outlets in the cities of Krasnodar and Novorossiysk in the southern region of Krasnodasky. A chain of five retail outlets called "Planeta Soyuz" and their storage warehouse were simultaneously raided by officers of the Federal Security Services on 1st November. In total, 120,000 pirated pressed CDs and DVDs containing music and movies were seized. The Director and Deputy Director of the company have been arrested and are currently remanded in custody. Source: MRO 11 19425 Bulletin Jan08:Layout 1 31/01/2008 17:50 Page 12 News in brief TURKEY People The Turkish National Group (Mu Yap) test-purchased a pirate CD in July containing music from Serder Ortac, a significant local artist with numerous best selling albums. Len Hynds Plant raid uncovers counterfeit discs IFPI's specialist forensics team matched the counterfeit disc to a Turkish replication plant in Istanbul. Mu Yap then used this evidence to make a criminal complaint to the authorities. The plant was raided in September by Turkish police officers, accompanied by Mu Yap. They recovered 13,000 suspected infringing units, by the popular Turkish artist Ibrahim Tatlise, together with 2,000 inlays and jewel boxes marked with Turkish Government banderols. The Police are liaising with the Ministry of Culture to establish the issuing chain of the banderols and Mu Yap is assisting with preparation of an evidence file. RUSSIA Source: Mu Yap 30,000 RAIDS BY RUSSIAN AUTHORITIES IN ONE WEEK The Russian Ministry of the Interior (MOI) has announced details of a nationwide series of actions aimed against music pirates, codenamed 'Operation Counterfeit'. Nearly 30,000 raids formed part of the largest ever such operation by the Russian authorities. During 'Operation Counterfeit' the MOI targeted the production, storage, distribution and retail outlets of suspected CD and DVD pirates throughout the Russian Federation. All divisions and sub-divisions of the Economic Crime Police participated in the actions between 22nd and 29th October. A total of 29,670 premises were visited and the authorities seized 3.7 million pirate discs con- taining film and music repertoire of both international and Russian origin. The estimated retail value of the recovered product was 147 million roubles (US$6m). In addition, 1,127 criminal cases and 4,270 administrative cases for summary offences were initiated throughout the Russian Federation. Source: MRO Enforcement Bulletin update We would like to remind all recipients of the Bulletin that IFPI will circulate this Enforcement newsletter via email and will only stock a very limited number of physical copies at its London Office. EB 35/JAN 08 Arrivals Departures Isabelle Drew Head of Enforcement (January 2008) Exec. Administrator (October 2007) Michelle Middleton Executive Assistant (September 2007) Kelly Stubbs PPD Administrator (October 2007) Jodie Isaac Analyst (November 2007) Diary 2008 14 January Prague (Training with IPR Business Partnership) 30 March - 4 April Interpol Training (Rome) Last word... General anti-piracy enquiries and requests for information relating to enforcement issues should be sent to the following email address: training@ifpi.org Information is also available from IFPI’s website: www.ifpi.org The next EB will be May 2008. Contributions / comments are welcomed and these should be forwarded to the editor no later than 15th April 2008 (see below for details). Mailing list enquiries should also be addressed to the editor. ENFORCEMENT BULLETIN This Bulletin is edited by Graham Hagger, Training Officer @ IFPI Secretariat. Fax: email: +44 20 7878 7990 graham.hagger@ifpi.org 12