Notorious Markets
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Notorious Markets
A notorious market is a website or physical market where, according to the Office of the United States Trade Representative (USTR), large-scale intellectual property infringement takes place. Officially termed Notorious Markets for Counterfeiting and Piracy, the USTR has generated a yearly list of such notorious markets since 2006 with input from various industry groups. History Since 2006, the members of the International Intellectual Property Alliance in conjunction with the Office of the United States Trade Representative has annually filed a list of Notorious Markets as a part of their Special 301 Report to the U.S. federal government. It lists virtual markets (websites) and physical markets outside of the US where large scale copyright infringement takes place and recommends trade sanctions for countries with weak copyright protection enforcement. Since 2010 the list is separately issued as a part of an out-of-cycle review between the main report submissions. Whilst the list ...
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Office Of The United States Trade Representative
The Office of the United States Trade Representative (USTR) is an agency of the United States federal government responsible for developing and promoting American trade policy. Part of the Executive Office of the President, it is headed by the U.S. Trade Representative, a Cabinet-level position that serves as the U.S. President's primary advisor, negotiator, and spokesperson on trade matters. USTR has more than two hundred employees, with offices in Geneva, Switzerland, and Brussels, Belgium. USTR was established as the Office of the Special Trade Representative (STR) by the Trade Expansion Act of 1962, leads trade negotiations at bilateral and multilateral levels, and coordinates trade policy with other government agencies through the Trade Policy Committee (TPC), Trade Policy Committee Review Group (TPCRG), and Trade Policy Staff Committee (TPSC). Its areas of expertise include foreign direct investment, commodity agreements, trade-related intellectual property protection, ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual go ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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International Intellectual Property Alliance
The International Intellectual Property Alliance (IIPA), formed in 1984, is a private sector coalition of seven trade associations representing U.S. companies that produce copyright-protected material, including computer software, films, television programs, music, books, and journals (electronic and print media). It seeks to strengthen international copyright protection and enforcement by working with the U.S. government, foreign governments, and private-sector representatives. Activities IIPA works closely with the U.S. Trade Representative in compiling the annual Special 301 reviews of foreign countries that the Office of the U.S. Trade Representative considers to have inadequate protection of intellectual property rights. IIPA was the principal representative of the entertainment industry in assisting the U.S. government in the World Trade Organization (WTO) TRIPS negotiations, the North American Free Trade Agreement (NAFTA) negotiations, and at the Diplomatic Conference lea ...
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Special 301 Report
The Special 301 Report is prepared annually by the Office of the United States Trade Representative (USTR) that identifies trade barriers to United States companies and products due to the intellectual property laws, such as copyright, patents and trademarks, in other countries. By April 30 of each year, the USTR must identify countries which do not provide "adequate and effective" protection of intellectual property rights or "fair and equitable market access to United States persons that rely upon intellectual property rights". The Special 301 Report is published pursuant to Section 301 of the Trade Act of 1974 (, ) as amended by Section 1303 of the Omnibus Trade and Competitiveness Act of 1988. The Special 301 Report was first published in 1989. By statute, the annual Special 301 Report includes a list of "Priority Foreign Countries", that are judged to have inadequate intellectual property laws; these countries may be subject to sanctions. In addition, the report contains ...
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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and t ...
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Recording Industry Association Of America
The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/or distribute approximately 85% of all legally sold recorded music in the United States". RIAA is headquartered in Washington, D.C. RIAA was formed in 1952. Its original mission was to administer recording copyright fees and problems, work with trade unions, and do research relating to the record industry and government regulations. Early RIAA standards included the RIAA equalization curve, the format of the stereophonic record groove and the dimensions of 33 1/3, 45, and 78 rpm records. RIAA says its current mission includes: #to protect intellectual property rights and the First Amendment rights of artists #to perform research about the music industry #to monitor and review relevant laws, regulations, and policies Between 2001 and ...
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Motion Picture Association
The Motion Picture Association (MPA) is an American trade association representing the five major film studios of the United States, as well as the video streaming service Netflix. Founded in 1922 as the Motion Picture Producers and Distributors of America (MPPDA) and known as the Motion Picture Association of America (MPAA) from 1945 until September 2019, its original goal was to ensure the viability of the American film industry. In addition, the MPA established guidelines for film content which resulted in the creation of the Motion Picture Production Code in 1930. This code, also known as the Hays Code, was replaced by a voluntary film rating system in 1968, which is managed by the Classification and Rating Administration (CARA). The MPA has advocated for the motion picture and television industry, with the goals of promoting effective copyright protection, reducing piracy, and expanding market access. It has worked to curb copyright infringement, including attempts to ...
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The Pirate Bay
The Pirate Bay (sometimes abbreviated as TPB) is an online index of digital content of entertainment media and software. Founded in 2003 by Swedish think tank Piratbyrån, The Pirate Bay allows visitors to search, download, and contribute magnet links and torrent files, which facilitate peer-to-peer, file sharing among users of the BitTorrent protocol. The Pirate Bay has sparked controversies and discussion about legal aspects of file sharing, copyright, and civil liberties and has become a platform for political initiatives against established intellectual property laws as well as a central figure in an anti-copyright movement. The website has faced several shutdowns and domain seizures, switching to a series of new web addresses to continue operating. In April 2009, the website's founders (Peter Sunde, Fredrik Neij, and Gottfrid Svartholm) were found guilty in the Pirate Bay trial in Sweden for assisting in copyright infringement and were sentenced to serve one year in ...
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Stream Ripping
Stream ripping (also called stream recording) is the process of saving data streams to a file. The process is sometimes referred to as ''destreaming''. Stream ripping is most often referred in the context of saving audio or video from streaming media websites and services such as YouTube outside of the officially-provided means of offline playback (if any) using unsanctioned software and tools. This is often prohibited under each respective website or service's Terms of Use. Legality The Recording Industry Association of America (RIAA) has taken stances against tools that are, in particular, used to rip content from YouTube, citing that their use to download music from the website and convert them to audio formats constitutes a violation of their members' copyrights. The RIAA has targeted various stream ripping websites (including the websites themselves, and listings for them via search engines) under the anti-circumvention provisions of the U.S. Digital Millennium Copyright A ...
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Cheating In Online Games
Cheating in online games is the subversion of the rules or mechanics of online video games to gain an unfair advantage over other players, generally with the use of third-party software. What constitutes cheating is dependent on the game in question, its rules, and consensus opinion as to whether a particular activity is considered to be cheating. Cheating is present in most multiplayer online games, but it is difficult to measure. Various methods of cheating in online games can take the form of software assistance, such as scripts and bots, and various forms of unsporting play taking advantage of exploits within the game. The Internet and darknets can provide players with the methodology necessary to cheat in online games, with software often available for purchase. As methods of cheating have advanced, video game publishers have similarly increased methods of anti-cheating, but are still limited in their effectiveness. Punishments for cheaters also have various forms, wi ...
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