In the current era of digital technology, it is effortless to access and share information and creative works. However, it has also resulted in increased piracy, which refers to the unauthorised copying, distribution, or use of copyrighted materials. Piracy has significant adverse effects on the livelihood of creators and copyright owners and innovation and creativity across various industries.
Film / TV
Anti-piracy measures are essential in the film, TV, and streaming industries. Copyright protects the rights of creators, allowing them to control and monetise their work. Robust anti-piracy strategies, including digital rights management and legal enforcement, combat unauthorised distribution and piracy, safeguard revenue, and encourage the production of high-quality content. Lobbying and engagement strategies to support copyright holder efforts are also vital.
Sports
Anti-piracy measures safeguard sports broadcasters' exclusive rights over their live sports content, preventing or minimising unauthorised reproduction and distribution. Investigations against illicit streaming operations and legal actions, such as dynamic site blocking, are taken to protect the industry's revenue streams and maintain the integrity of sports broadcasting.
Music
Copyright protects musicians' original compositions and recordings, granting them control over their work. Effective anti-piracy measures, such as digital fingerprinting, TPM, pre-release protection and legal actions against piracy, combat unauthorised sharing and downloading, protect artists' livelihoods, and ensure a sustainable music ecosystem.
Gaming and metaverse
Copyright safeguards game developers' creative works, ensuring they retain exclusive rights over their content. Robust anti-piracy measures combat unauthorised distribution and usage, and implementing Technological Protection Measures (TPM) protects developers' revenue and fosters a fair gaming ecosystem. Safeguarding intellectual property is crucial for sustained innovation and growth in this dynamic industry.
Publishing
Copyright and anti-piracy measures are crucial in the publishing of books and journals. Efforts to combat piracy, including digital rights management and legal enforcement, are vital to protect the industry's intellectual property, prevent unauthorised copying and distribution, and support the growth of quality literature and academic research. Advocating for adequate copyright protections, appropriate fair use policies, and collective management organisation structures is also essential.
Software
Software developers have exclusive control over their intellectual property rights through copyright laws. Effective anti-piracy strategies, such as license compliance, escalation, and legal enforcement, aim to deter unauthorised users and drive them towards legitimate products.
First successful case in a Chinese court in relation to TPMs in the entertainment industry.
Our client, an international entertainment company, faced significant issues in China concerning a breach of technological protection measures (TPM), impacting its business worldwide. In one matter, the defendant belonged to an international syndicate that had cracked the code of our client's products. It produced circumvention devices, exported over 250,000 units, and supplied the China market. This case and criminal enforcement action in the US, Hong Kong, UK, and Europe successfully brought down the syndicate. Our team in China brought a rare civil action relying on a breach of TPM. The Court decided in our client's favour, and the defendant received a prison sentence and a significant fine. The precedent-setting case was the first in a Chinese court relating to TPM circumvention affecting the entertainment industry.
Anti-piracy programme for a Japanese video game and entertainment MNC.
Rouse played a crucial role in online intelligence gathering, investigation, enforcement, and litigation actions for this client in the last few years, combatting the supply and distribution of "mod chips" across Asia. These "mod chips" allowed pirate games and other unauthorised software to run on our client's console. Our adversary was a complex community of software and hardware tinkerers who released new iterations of their modification devices and software to take advantage of discovered exploits that allow custom firmware and piracy.
Successful enforcement actions in Thailand and Indonesia for a sports rights owner for game broadcasts.
Our client requested Rouse to investigate and coordinate enforcement action against websites that illegally stream sports and earn money by selling advertising space. Such acts usually constitute unauthorised communication to the public under copyright laws. However, the task is often challenging as the individual operators behind these sites hide their identities. After conducting successful investigations in Thailand, we collaborated with the Department of Special Investigation to raid several illegal streaming sites. In Indonesia, we targeted one of the individuals behind a longstanding illegal streaming site and used a "knock-and-talk" strategy. After finding the operator, we delivered a warning letter and persuaded him to stop streaming. Civil action such as this is typically a last resort.
We launched our Ching Shih: Asia Anti-Piracy Blog where we regularly post copyright piracy news and stories from around Asia. You can access the blog here.
