The 2019 Review of Notorious Markets for Counterfeiting and Piracy provides a list of such markets (the NML), of both physical and virtual (online) varieties. These include:
Online markets:
1337x, 1Fischier, Amazon Foreign Domains, BestBuyIPTV, Bukalapak, Carousell, Chomikuj, Cimaclub, DHGate, DYTT8, Flokinet, FMovies, Hosting Concepts B.V., MP3Juices, MPGH, NewAlbumReleases, PHIMMOI, Pindioduo, Private Layer-hosted sites, Propeller Ads, Rapidgator, RARBG, Rutracker, Sci-Hub, Seasonvar, Shopee, SnapDeal, TaoBao, ThePirateBay, Tokopedia, TorrentZ2, Turbobit, Uploaded, UPSOBox, VK, and Warmane
Physical Markets:
Argentina, Brazil, Cambodia, China, Ecuador, India, Kyrgyz Republic, Malaysia, Mexico, Paraguay, Peru, Philippines, Russia, Spain, Thailand, Turkey, Ukraine, UAE, and Vietnam
The NML Review is provided (and needed) because "[c]ommercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety." The Review provides "prominent and illustrative examples" of markets that "engage in or facilitate substantial piracy or counterfeiting." The goal of disclosing these markets in the Review is to "motivate appropriate action by the private sector and governments to reduce piracy and counterfeiting." The listed countries and markets "exemplify global counterfeiting and piracy concerns and because the scale of infringing activity in these markets can cause significant harm to U.S. intellectual property (IP) owners, consumers, legitimate online platforms, and the economy."
Some of the markets on the NML are a mixture of legitimate and illicit activities, while others are known or suspect to be engaged solely in counterfeiting and piracy. Inclusion in the list varies from year-to-year as the markets come and go, or governments improve enforcement or other activities to limit counterfeiting and piracy, or market owners cooperate with branded product manufacturers and purveyors.
The NML warns that the list is not exhaustive nor has the USTR made findings of lawbreaking, deferring to the Special 301 Report for more detailed assessments.
On a positive note, the Review commends "notable efforts to address widespread availability of pirated or counterfeit goods in some online and physical markets." Particular successful efforts in 2019 regarding virtual content providers:
• Ukraine's cyber police launched a nationwide anti-piracy operation that resulted in the shutting down of four popular video streaming sites with a combined daily audience of over 100,000 visitors: Kinogo, UAFilm, UKRFilm, and Kino-HD.
• In Uruguay, Interpol and the national police closed and arrested the operators of the Pelispedia websites, a popular linking service to unlicensed movies and TV shows that attracted an estimated 44 million visits a month.
• OpenLoad, one of the largest cyberlockers that reportedly provided pirated content to 36 of the top 50 global illegal video streaming and linking sites, was also taken offline in October 2019, along with another popular cyberlocker that was nominated as a notorious market this year, Streamango.
• In Indonesia, the Ministry of Communications and Information in conjunction with industry groups pressured the operators of the notorious movie pirate site IndoXXI to cease operations.
• In Thailand, Movie2free.com, Thailand's most-visited pirated movie and TV content provider that was nominated as a notorious market this year, was also shut down after successful enforcement efforts, and the administrator of the site was arrested by the Thai Department of Special Investigation.
• Brazilian law enforcement executed Operacao 404, through which they took action against approximately 210 websites and 100 Internet Protocol television (IPTV) apps that facilitated the unauthorized streaming and downloading of films, TV shows, and live sporting events.
Particular attention is given in the NML to illegal IPTV purveyors, the Review noting that an international team of police in Bulgaria, France, Germany, Greece, Italy, and the Netherlands, coordinated by Eurojust, carried out raids in multiple locations resulting in the shutdown of more than 200 servers used by Xtream Codes, which was responsible for over 5,000 IPTV apps streaming to about 50 million viewers. There was also a major criminal case brought in Singapore for sales of Android set top boxes "preloaded" with infringing apps. In the Middle East, the infringing beoutQ piracy operation was also shut down. And notorious market Mp3va was shut down when U.S. credit card processors voluntarily agreed to terminate their support.
Turning to physical markets, officials are extolled in the Report for Argentina, Brazil, Romani, UAE, and Vietnam.
On a more disturbing note, the Review has an "Issue Focus" on the nexus between malware and online piracy, particularly on 1Fichier, MPGH, and ThePirateBay online markets. Malware as defined in the Review to include backdoor Trojans, cryptominers, ransomware, and botnets, which can produce mass cyberattacks including distributed denial-of-service attacks. What drives the nexus, according to the Review, are financial incentives that permit cybercriminals to use malware to buy and sell personal and financial information, collect ransoms, and other nefarious deeds. The cost: $3.3 million in 2015. Also implicated in malware schemes are copyright infringement of computer games, software, movies, music, and books, which are used as vectors for introducing malware to recipients.
The NML Review also includes detailed descriptions of physical and online markets, their characteristics, and attempts to block or restrict their infringing activities in 2019.
The NML concludes with URLs "[t]o assist U.S. right holders and consumers who confront IP infringement online," which include https://www.stopfakes.gov, https://eallegations.cbp.gov, and https://www.iprcenter.gov/referral.
