SHOULD PAYMENT SERVICE PROVIDERS HAVE SELF-REGULATORY POLICIES IN PLACE TO HELP FIGHT AUDIOVISUAL PIRACY?

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Should payment service providers have self-regulatory policies in place to help fight audiovisual piracy?

Recently the EUIPO Observatory on IP Infringements published a discussion paper on the Challenges and good practices for electronic payment services to prevent the use of their services for IP infringing activities. Based on input from one of its Expert Groups, the paper provides an overview on how such services are misused; what regulatory and other measures apply; emerging trends and challenges; and good practices adopted by payment providers which comprise both preventive and reactive measures. The discussion paper is a useful contribution to the debate about the role of intermediaries in facilitating – knowingly or not – IP crimes such as audiovisual piracy. However, closer scrutiny reveals that the practices in reality fall some way short of being “good”.

Let’s take a look at why and how online pirates exploit the trusted payment provider’s brand.

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