Blog Post

The AAPA expresses strong concerns after the adoption of the report of the European Parliament on the Digital Services Act (DSA)

AAPA

24th January 2022

The Audiovisual Anti-Piracy Alliance ( AAPA ) is deeply concerned and disappointed about the European Parliament (EP) report on the Digital Services Act (DSA) which was adopted last week. The final position of the EP fails to address audiovisual piracy as one of its core issues, despite several MEPs supporting important amendments. Furthermore, the EP position represents a dangerous step back which would have strong detrimental effects on the whole audiovisual industry if it was adopted by co-legislators. Through the adoption of this position, the EP undermines the current legislative framework, while an increasing number of Member States are striving to develop and implement effective tools to fight audiovisual piracy.

More specifically, the introduction of a “stay-up principle” in article 14(3)a is totally unacceptable and would prolong audiovisual piracy in Europe. Indeed, the text provides that notified content shall remain accessible while its legality is being assessed by providers of hosting services. This new provision will inevitably lead to a longer retention of illegal content online and will thus be extremely harmful across the entire audiovisual value chain . It also negates the effectiveness of dynamic blocking injunctions which are becoming more widely used throughout the EU.

The AAPA also deeply regrets that the EP has missed the opportunity, by one vote, to extend the traceability requirements for professionals to all intermediaries (Article 22). Indeed, it is of utmost importance that this obligation applies 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.

Despite these worrying developments, the AAPA and its members stand ready to partner with like-minded players and engage with the EU and national policymakers during the trilogue negotiations to reverse course. The coming months represent a final opportunity to ensure that the DSA does not represent a missed opportunity, (let alone a dangerous step back) and achieve its core priority, i.e. – using Commissioner Breton’s own words – to ensure that “what is illegal offline, is illegal online”.

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.

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Audiovisual Anti-Piracy Alliance 2024-2029 EU Manifesto

by AAPA • 01 Oct, 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.”