Blog Post

AAPA expresses strong concerns after the IMCO vote on the Digital Services Act (DSA)

AAPA

15 December 2021

We, as the Audiovisual Anti-Piracy Alliance ( AAPA ), are representatives of a broad range of companies involved in the fight against illegal audiovisual content. Our membership includes the whole audiovisual value chain, such as rightsholders, platform operators, telecommunication companies, OTT providers, broadcasters and technical service providers. Our aim is to tackle audiovisual piracy, particularly pertaining to the development, promotion, distribution, application or use of technologies aimed at allowing illegal access to audiovisual content .

We are very concerned about the European Parliament Internal Market and Consumer Protection (IMCO) Committee’s draft report on the Digital Services Act (DSA) which was adopted yesterday. While the report fails to address audiovisual piracy as one of its core issues, some of the modifications proposed even represent a dangerous step back in comparison to the current legislative framework and would have strong detrimental effects on the whole audiovisual industry.

In particular, the introduction of a “stay-up principle” in article 14(3)a, which provides that notified content shall remain accessible while its legality is being assessed by providers of hosting services, will inevitably lead to a longer retention of illegal content online and would have adverse effects in the already difficult fight against audiovisual piracy. This provision will be extremely harmful for the whole audiovisual value chain , and simply catastrophic for right holders and broadcasters of live content, for whom it is of utmost importance to ensure that pirated content is swiftly removed due to the time sensitivity of such content whose value resides in the live.

Furthermore, the introduction of new transparency requirements for entities willing to become trusted flaggers (Article 19) are burdensome and would discourage more entities to apply to this status. AAPA also wishes to clarify the type of entities that can apply for this status and to extend it to include notably, rights holders, licensees, technology vendors and other relevant entities. They have demonstrated a strong expertise and a high rate of accuracy when flagging illegal content, and we believe that they should be granted the status of trusted flaggers.

Finally, AAPA also regrets that the IMCO text has missed the opportunity to:

· Clarify the wording in recital 22 specifying that “expeditious removal” of illegal online content means “as fast as possible and immediately” during live broadcasts.

· Clarify the definition of “hosting service” (article 2) to include services that not only store information but also enable the storage of information as well as services that consist in the provision of IP addresses allowing the anonymous use of domain names and websites. These include dedicated servers [1] /rental service providers, and reverse proxies [2] , where currently there is an uncertainty regarding the liability regime applicable to them although they greatly facilitate piracy.

· Extend the traceability requirements for professionals to all intermediaries (Article 22). We believe that this obligation should apply to all digital services, regardless of their active or passive nature, by making it mandatory to collect data and verify the identity of professional clients who wish to use their services.

The future financial health of the European audiovisual industry depends on the solutions that the DSA will provide to tackle online piracy. We urge the Members of the European Parliament to take our concerns into consideration ahead of the plenary vote expected in January.

About AAPA

The Audiovisual Anti-Piracy Alliance ( AAPA ) represents 30 companies involved in the provision of protected audiovisual services, security technology for protecting such services and the manufacturing of products which facilitate the delivery of these services. Our membership is geographically diverse with companies from Europe, the Middle East, Russia and America, and includes the whole audiovisual value chain, such as rightsholders, platform operators, telecommunication companies, OTT providers, broadcasters and technical service providers. Many of our members are global businesses.

Our aim is to tackle piracy, particularly pertaining to the development, promotion, distribution, application or use of technologies aimed at allowing illegal access to content. Members are facing a concerning growth in volume of unauthorised use of protected audiovisual content. Within AAPA, they coordinate intelligence and action through effective dialogue and interaction with other stakeholders and law enforcement,

[1] “Dedicated servers” are hosting services in which a physical server is dedicated to a single business customer.

[2] A “reverse proxy” is a common type of proxy server (i.e. a server application or appliance that acts as an intermediary for requests from clients seeking resources from servers that provide those resources) that is accessible from the public network. Large websites and content delivery networks use reverse proxies, to balance the load between internal servers. Reverse proxies are typically owned or managed by the web service, and they are accessed by clients from the public internet.

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AAPA Honours Law Enforcement Agencies with Annual Awards for Excellence in Copyright Enforcement

by AAPA • 19 December 2024

Date, Brussels, Belgium The Audiovisual Anti-Piracy Alliance (AAPA) is proud to announce the recipients of its annual awards, celebrating exceptional contributions by law enforcement agencies in combatting online piracy and protecting intellectual property in the audiovisual sector. This year’s honorees have demonstrated exemplary efforts in the investigation, enforcement, and dismantling of illegal content distribution networks that undermine the creative industries. The AAPA Annual Awards recognize agencies whose proactive strategies and collaborative actions have significantly advanced copyright enforcement online. These awards reflect the growing importance of international cooperation in addressing the evolving and sophisticated tactics used by piracy networks. Oliver Pribramsky, Co-President of AAPA , praised the recipients of the awards, saying: "We are honoured to recognise the outstanding work of these administrative and law enforcement agencies. Online piracy remains one of the most significant challenges facing the audiovisual industry, costing billions in lost revenue each year and threatening jobs across the sector. The dedication and innovation displayed by our award winners not only protect the industry but also reinforce the critical role that law enforcement plays in safeguarding intellectual property in the digital age." Award Recipients This year’s AAPA Awards for Excellence in Copyright Enforcement are presented to: 1. Lifetime achievement Award for Sheila Cassells: On behalf of all AAPA members and stakeholders from all spectrums of the industry, we would like to thank Sheila for her loyalty and friendship over the last 14 years where she transformed AAPA into the organisation it is today and honour her remarkable achievements and lifelong dedication to the fight against audiovisual piracy with this Lifetime Achievement Award.

AAPA MEMBERS JOIN FORCES WITH LAW ENFORCEMENT IN THE WORLD’S LARGEST-EVER OPERATION AGAINST AUDIOVISUAL PIRACY

by AAPA • 27 November 2024

The Audiovisual Anti-Piracy Alliance (AAPA) has supported the Catania Public Prosecutor’s Office, the Croatian State Attorney Office for Suppression of Corruption and Organised Crime and law enforcement agencies in Italy, Switzerland, Sweden, Croatia and England in dismantling the world’s largest transnational criminal organisation alleged to be serving pirated audiovisual content to over 22 million users, and generating over 250 million euros in illegal revenue per month. The operation, conducted yesterday, was coordinated by Europol and Eurojust and involved over 270 officers from the Polizia Postale carrying out 89 property searches in 15 Italian regions. An additional 14 searches were conducted by law enforcement agencies abroad, including five addresses in England, and further searches and seizures in the Netherlands, Sweden, Switzerland, Romania, France, Bulgaria, Germany and Croatia. 11 people were arrested by the Cybercrime Division of the Croatian Police. During yesterday's searches, cryptocurrencies in excess of EUR 1,650,000 and cash in excess of EUR 40,000 were seized as alleged proceeds of the offences committed. These immediately seized proceeds represent only a fraction of an illegal business that is alleged to yield approximately EUR 3 billion per annum. Digital piracy harms the entertainment and creative industries across the continent and is often run by sophisticated criminal networks that may use their profits to fund other serious forms of criminal activity. At the same time, illegal streams can expose the end user to the risks of data theft, fraud and malware. Mark Mulready, Co-president of AAPA, said: “We applaud the efforts of the Catania Public Prosecutor’s Office, the Croatian State Attorney Office for Suppression of Corruption and Organised Crime, Europol, Eurojust, and all of the law enforcement agencies involved in these operations. The scale of these multi-jurisdictional law enforcement actions highlights the considerable challenge our industry faces when dealing with such sophisticated international pirate networks. We are proud to have collaborated with our law enforcement partners to provide technical training and in-field support to assist them in successfully tackling the world’s largest pirate network. We are very grateful to the AAPA members who supported this action day, including Premier League, Sky Group, Nagravision, Deutsche Fußball Liga (DFL), beIN Sports, United Media, Friend MTS and Irdeto. We will continue to closely collaborate with law enforcement agencies in Europe and beyond to enable them to successfully identify, investigate and prosecute large-scale cross-border pirate networks.” ---------- AAPA contact: Mark Mulready +31651246415 Co-President AAPA Miranda Rock +44 7957 391 498 Rocket Launch for AAPA

Audiovisual Anti-Piracy Alliance 2024-2029 EU Manifesto

by AAPA • 1 October 2024

The Audiovisual Anti-Piracy Alliance (AAPA) publishes its first Manifesto, linked here . The document aims to recognise past efforts of EU legislators when it comes to content protection and the fight against copyright infringement, whilst admitting that more can and should be done to address this growing issue. Miruna Herovanu, Executive Director of AAPA said : " After years of laying the groundwork to combat online piracy it’s time for EU policymakers and beyond to fully acknowledge that decisive, targeted measures are needed at the European level. The rise of digital theft demands action. We call for strong political resolve to end the theft of our members' content. We're ready to support every stakeholder—law enforcement, policymakers, and industry representatives—to dismantle criminal networks and protect European consumers from harm."

AAPA ANNOUNCES NEW EXECUTIVE DIRECTOR

by AAPA • 28 May 2024

The Audiovisual Anti-Piracy Alliance (AAPA) has announced the appointment of Miruna Herovanu as its Executive Director. Miruna was previously the Director at the Association of Commercial Television and Video on Demand in Europe in charge of Intellectual Property and Competition policies. She took up her position with AAPA on 27 May 2024 and will be based in Brussels. Miruna will replace Sheila Cassells who is retiring as Executive Vice President of AAPA and will report on a day-to-day basis to the two Co-Presidents, Mark Mulready, VP of Cyber Services at Irdeto and Oliver Pribramksy, Head of IP Protection and Committees at the Deutsche Fussball Liga. She will be responsible for the implementation of the strategy agreed by AAPA members, managing relationships with law enforcement agencies such as Europol, Eurojust, INTERPOL and the European Institutions, delivery of AAPA’s Working Group goals and general management of the Alliance. Mark Mulready said that: “We are delighted to appoint someone of Miruna’s calibre and experience to become the Executive Director of AAPA. Miruna’s commitment to copyright protection is well-known. Her knowledge of the Brussels institutions and the EUIPO will stand AAPA in good stead for future policy developments. A priority will be for Miruna to work closely with AAPA members, the EUIPO and the European Institutions to deliver on, inter alia, the goals of combatting online piracy of sports and other live events recommendation.” Miruna Herovanu commented that: “My professional experience demonstrated that piracy is an ever-growing issue that eats at the heart of Europe’s most important industries. This is a golden opportunity and a new professional challenge that will help further develop my passion for and commitment to protecting copyright. Being able to work with and support industry experts and practitioners in AAPA, law enforcement, the European Institutions and other trade associations is essential to the fight against piracy. I am excited to be taking on this role.”