'Vietnam Piracy History\r'

'II. The Prioriry actions request in 2012: IIPA had hoped that the 2005 passage of the IP encrypt in Vietnam, revisions to the malefactor Code in 2009, an administrative enforcement parliamentary law ( no 47) also in 2009, and a nationwide judicial reformprocess would solelyure to steady improvements in secure bulwark, on the whole toldowing a legitimate creative marketplace to come proscribed in Vietnam. Unfortunately, online and ready plagiarism has gotten significantly worse in Vietnam, and end-user plagiarism of vocation computer softw be system lodges largely unchecked, among opposite plagiarization bformer(a)s.Increased meshing and agile insight and more astray available wideband capacity substantiate led to a severe add-on in the carry on of illicit procure files online. Technological advances in Vietnam throw outpaced the political relation’s chemical reaction to copy adept issues, notwithstanding that the Vietnamese buzz off long re cognized that piracy in the country is increasingly â€Å"sophisticated” and involves violations of â€Å" just about of the objects of the counterbalances”.The Vietnamese Government has taken truly hardly a(prenominal) enforcement actions over the years, and no abominable courting has ever been brought to address right of first publication piracy. Because of that, IIPA has launched the priority actions requested in 2012 to bowdlerise the piracy situation in Vietnam: Enforcement: * give greater resources and Ministry of Culture, Sports and Tourism (MCST) Inspecto rank and Economic police manpower to running raids and bringing cases low the felon Code through and through targeted woeful actions,e. . , against online piracy, retail and source piracy,.. * Take stiff enforcement mea authorizeds against notorious infringing sites whose business models are establish on providing access to infringing content, including in cross those sites much(prenominal) as So cbay. com, Bamboo. com,… * Enforce edict No. 4 and Decree No. 47 on administrative remedies for right of first publication usurpation, imposing maximal penalties. * slenderise plagiariserd imports from China. Reduce head theft by removing flagitious content from local cable operators and filet retransmission of signals from neighboring countries without license. Legislation and Market annoy * Issue implementing guidance for the rewrite venomous Code so that prosecutions can commence, in line with Vietnam’s BTA obligation, including by positive that the Code applies to online distri only ifions, and providing detailed interpretations of â€Å"commercial denture” infringements that include those undertaken without a profit motive. act upon necessary changes to IP Code and implementing decrees to jibe Vietnam is in full compliance with its BTA and in the altogether(prenominal) planetary obligations, and differentwise facilitate the gratuitous ex ercise of rights by procure owners. * expedite the drafting process for, and provide popular consultation as to, amendments to the Internet Decree (or circular) on ISP indebtedness that clarifies the secondary liability of ISPs and requires ISPs to take responsibility and cooperate with right holders to combat online infringements some(prenominal) in the hosted and the non-hosted environment. cede U. S. right holders greater access to the Vietnamese market, by eliminating foreign stationment detainrictions and other entry barriers with respect to drudgery, importation and distribution of copyright materials whether in the visible or online/mobile marketplaces. * Extend the enclosure of protection for sound recordings to the BTA-compatible term (75 years or more) and otherwise extend copyright term in line with the international bowel movement (life of the author plus 70 years). * head for the hills optical disc licensing regulation. III.The actual out come of the 2011 de cisions (the end in 2012 afterward(prenominal) applying priority actions requested in 2012) IIPA hopes the event and entry into force in 2012 of the Ministry of development and communications (MIC) and Ministry of Culture, Sports, and Tourism (MCST) Joint orbitual on Stipulations on the Responsibilities for Intermediary dish up Providers in the Protection of Copyright and related to Rights on the Internet and Telecommunications Net kit and boodle will break to significant diminutions in online and mobile piracy in the country, including closures of notorious websites and armed services construct on copyright infringement.The IP Code, Criminal Code, administrative enforcement Ordinances and Decrees, and judicial reform, mustiness all be brought to bear to significantly descend all forms of piracy, including online and mobile piracy, enterprise end-user piracy of software system package, physical piracy, and book piracy which perch largely unchecked in Vietnam. And th e results after applying priority actions requested in 2012, plagiarism Situation and enforcement challenges in Viet Nam are summarized as follows: 1.Internet and Mobile piracy Causing revolting Damage to Copyright Owners: Increased Internet and mobile penetration and more widely available broadband capacity grant led to a severe increase in the trade of illegal copyright files online. Internet penetration occurd on an upward path, with reportedly 31. 1 trillion Internet users according to the Ministry of study and Communications (MIC) of Vietnam, with 3G mobile Internet users reaching 16 one thousand thousand (18% of the country’s population).Vietnam ranks eighteenth in the world, 8th in Asia, and tertiary in Southeast Asia in the gist number of Internet users. According to MIC, in that location are 19 Internet service providers, some 1,064 licensed websites, and 335 social networks operating(a) in Vietnam. Unfortunately, the vast majority of websites relations i n copyright content remain unaccredited, although there are at 1 time a few operators of online services providing licensed medicinal drug (representing, however, only 1% of online practice of medicine services).The rest are streaming and download sites (50%), forums (21%), television system websites (17%), search engines (8%), deeplinking, cyberlocker, and social network sites all creation employed to deliver unauthorized copyright content, including medication, movies, frolic and software, and published materials. not only the repertoire of VietNam but international and other Asian repertoire such as Chinese, Japanese and Korean medication can also be tack together on these sites. And University networks are increasingly being used for dissemination of infringing content.Specific example for this case is Zing. vn. Zing. vn is one notorious website which was identified by IIPA in its annual notorious markets register with the U. S. Trade Representative, and USTR placed Zing. vn on its â€Å" ill-famed Markets” list. Zing. vn is an online portal service operated by VNG fraternity (previously called VinaGame) in Vietnam. Zing. vn provides various services including an online music portal, social networking, a search engine, minute messaging, movies, karaoke, video and photos. Zing. n, well documented in last year’s IIPA powericular(a) 301 report, was proposed by IIPA as a â€Å"notoriousmarket” in its Special 301 out-of-cycle review submission in September 2012, and USTR agreed in its declination 2012 announcement. USTR noted in its announcement, â€Å"In accompaniment to being a social media site, Vietnam-based Zing. vn also includes an infringing deeplinking music portal, which reportedly attracts large rime of users to the site. ” They also indicated, â€Å"We understand that VNG, Zing’s parent company is currently in talks with rights holders to obtain the necessary licenses to transitionZing into an reliable digital music platform. ” With rapid increases in mobile phone subscribers in Vietnam, there has also been an increase in mobile piracy over the year. Right holders now face two major challenges in the mobile space: 1) the effect by mobile device vendors of illegal copyright content onto devices at the point of cut-rate sale; and 2) illegal music channels or â€Å"apps” rophy up to be accessed on mobile platforms, without any intervention from the disposal to cease such activities.As an example of this phenomenon, sites alike(p) Socbay. com offer illegal downloads of ringtones to mobile phones, but Socbay has now developed a mobile â€Å"app” called Socbay iMedia which provides a variety of unauthorized entertainment content, including, inter alia, music files. This second phenomenon will, if allowed unchecked, endanger the entire online/mobile market for music and other copyright materials into the future and must be addressed. 2.Enterprise End-U ser piracy of software Harms the Software Industry and Stunts the Growth of the IT Sector: The software intentness reports a continued graduate(prenominal) level of software piracy in Vietnam. In 2011, the software piracy rate in Vietnam was 81% (among the highest in the world), representing a commercial value of unlicensed software of US$395 million. 13 This includes widespread unlicensed software use by enterprises in Vietnam, retail piracy, and hard disk loading of unlicensed software. Most leading cities, such as Hanoi, Ho Chi Minh City, Da N? ng, and H? Phong are salve key software piracy hotspots. The perseverance also notes the desperate fate for legitimation of software usage deep down the Vietnamese government. It has been recognized by some within the Vietnamese government that use of unlicensed commercial software is occurring within government ministries. Some initial discussions on government legalization have commenced between BSA and the Ministry of Informati on and Communications (MIC), with a focus on legalization procedures and the government avoiding any mandates orpreferences for the bargain for of specific types of software. . Physical Piracy ashes Rampant, Including Pirate Imports, Pirate Burned Content, grind Production, and â€Å"Media Box” Piracy: Evidence of physical piracy, including virtually 100% piracy of star sign video entertainment, can dumb be implant everywhere in Vietnam, oddly in urban areas like Ha Noi, HCM City,… It remains very easy to steal almost imported discs (from China mainly),burned discs or factory discs of any kind of content, and pirated software is readily available at pastures on the socalled â€Å"PC streets” or other â€Å"CD-DVD” shops.Vietnamese-sourced pirate products flood the domestic markets and have been found in other markets in new-fangled years in Asia, North America, and even Eastern Europe. For the music industry, with piracy levels still extremely hi gh, financial returns for recorded music sales have dropped so deeply that the companies manifold are unable to invest in new albums and artists, choosing to recoup enthronization through ring tones, ring- clog tones, ancillary revenues for reputation rights, and music channel licensing. 4. Book and ledger Piracy Severely Harms Publishers:Book and ledger publishers continue to suffer from rampant piracy in Vietnam, in the form of illegal reprints and unauthorized photocopies. Bookshops, roadside vendors and copy shops all sell unauthorized copies of bestselling trade books, expire books and academic textbooks, and unlicensed print overruns continue to harm foreign publishers. Unauthorized translations produced by university lecturers or professors have been detected, in which the lecturers or professors append their name to the translated textbook.State-sector publishers also have an interest in making sure their licenses (such as those of the Ministry of Youth and the General publishing House of Ho Chi Minh City) are not misused. 5. Signal Piracy/ soften TV Piracy: Vietnams Pay-TV sector is one of the fastest developing markets in the Asia Pacific, and is set to rank fourth in the constituent in growth over the beside four years. With 4. 2 million general connections, and digital systems taking hold (including through Vietnamese Government infusion of capital), signal piracy in Vietnam still holds back the legitimate Pay-TV market, and causes major damages to right holders. Overspill” is also a paradox in Vietnam as cable operators flummox signals from neighboring countries’ satellite systems. These are autochthonous problems which the government should address. A relatively new and dangerous problem in Vietnam involves the functioning of websites which steal pay-TV signals and stream them onto the Internet. Several sites have been identified as streaming pension content channels without authorization, mainly focussing on motion p ictures or sports content.In general, after applying the above policy, the piracy situation in Vietnam has not improved. oneness of the reasons for this situation is enforcement challenges. Enforcement updates in Vi? t Nam: Failure to cover Internet and Mobile Device Piracy: Despite notifying the Vietnamese government ofsites involved in piracy of music, movies, software, games, and published works (with reports of growing electronic piracy of textbooks and dictionaries, among other published products), the government has been mainly still and disinterested. Notorious piracy site zing. n has been brought to the attention of administrative authorities in Vietnam, but there has been no response. The problem is further compounded by subsisting administrative enforcement remedies being rendered in utile by: * The lack of an effective procedure to turn to with online piracy administrative complaints. * A forbidding burden on right holders for production of evidence and proof of act ual damages. * continue rudimentary issues related to ability to light upon and effectively subscribe to with online infringement cases. * inadequacy of compliance with administrative ordersCourt Reform Efforts lacking: The inactivity of the courts in dealing with copyright infringement issues is a major disappointment. at that place have to date been relatively few civil court actions involving copyright infringement in Vietnam. The main reasons for this are confused procedures, delays, and a lack of certainty as to the expected outcome. Building IP expertise must be a part of the overall judicial reform effort. instruction should be provided to police and prosecutors as they get a very important fibre in bringing a wrong offense case to the courts.End-User Piracy Enforcement: One relatively bright spot in enforcement seems to be in the area of addressing software piracy. In 2012, more raids were taken with connection of both MCST and the MPS Anti- richly Tech offense P olice. Administrative fines remain relatively low, generally, VND50 million (around US$2,400), never reaching the maximum applicable rate of VND500 million (US$24,000). The industry also reports stronger support given to both enforcement and educational campaigns to sensitize the public to the need to use legal software.The presence of the High Tech Police is now seen as essential for the success of raids as they be in possession of technical knowledge which is helpful to achieving effective raids. In addition, there are preparedness courts covered the overview of copyright laws and the value of IP and innovation. There remain no implementing guidelines for the revised Criminal Code, so no software piracy cases have ever been brought to Criminal Court. Very Little Enforcement Against Hard Goods Piracy:Though MCST has indicated its recognition of the hard goods piracy problem, it has devoted very few resources to deal with physical piracy across Vietnam. however a ‘zero tole rance’ campaign, including actions against equal to(p) and blatant piracy activities of all kinds, with preventive administrative fines meted out to their maximums, license revocations, shop closures, seizures of pirate imports and pirated product destined for exportation by Customs, and criminal penalties can result in a significant reduction in piracy in Vietnam.\r\n'