ifpi bulletin for print qxd by alicejenny


									                              em e t i n
                        enforcb u l lent
                    Issue 23                                                                                   June 2004

       Thirty-nine people arrested in Andalucian piracy offensive
    panish National Police executed        were approximately 24,800                    his association had warned on
S   a series of eight raids, targeted
against producers and distributors
                                           recorded CDRs and DVD-Rs
                                           containing music, films and video
                                                                                        various occasions that Granada was
                                                                                        an important site, not just for the
of pirate CDRs, in Granada,                games, 36,000 Euros in cash, fake            consumption and distribution of
Southern Spain. Thirty-nine people         Rolex watches, sunglasses, cards             pirate copies but also in the
were arrested. Police initiated the        and stamps as well as counterfeit            establishment of organised
action following complaints made           driving licences.                            networks dedicated to
by AFYVE, IFPI’s Spanish National                                                       counterfeiting.
Group, on the increasing piracy            Director of Anti-piracy, José Luis
levels in that region.                     Perez Quintero of AFYVE stated that                         Source: AFYVE Spain

This significant operation has
successfully dismantled an                                                                        In this issue:
organised crime gang based in
Granada but with links to other                                                             2       United Kingdom
cities in Andalucia and as far afield                                                               Italy
as Alicante. The officer in charge of
the operation, Inspector Damián                                                             3       Bulgaria
Fuentes, stated that the gang was                                                                   Lithuania
connected with illegal immigration                                                                  Hungary
                                                                                            4       Romania
During the searches 82 recorders                                                                    Middle East Review
capable of recording 720 discs per
                                        An array of illegal product and equipment           5       Kuwait
hour were seized. Also recovered        confiscated during the operation in Andalucia               Saudi Arabia
                                                                                            6       Jordan
Paraguay: Seven year jail sentence for pirate                                                       Israel

   he music industry's anti-piracy                                                          7       Brazil
T  efforts received a major boost
when a key organised crime leader
                                           illicit CDRs to Paraguay and the
                                           other a financier and front man for
                                           the venture.
was jailed for seven and a half                                                             8       Hong Kong
years on 6th April. This is the first      The defendants made every effort                         China
organised crime case involving             to have the case dismissed or                            Malaysia
blank CDR importers and is the             suspended. This was vigorously
result of three years of co-operation      resisted by APDIF Paraguay and the               9       Singapore
                                           case was brought before the                              Taiwan
with law enforcement and                                                                            Thailand
continuous lobbying of the                 Tribunal in Pilar, Paraguay. It took
Paraguayan Government.                     only one week for the tribunal to                10      Zambia
                                           hand down the sentence.                                  Russia
The jailed man was one of the                                                                       Mauritius
most powerful and influential              The investigation is ongoing and will
pirates (“contrabandistas”) in             focus on other individuals linked to             11      Industry news
Paraguay. Also sentenced to six-           this illegal enterprise                                  Training

year prison sentences were two
accomplices, one of whom
                                                                                            12      Newsbites
captained the vessel bringing in the                   Source: IFPI Latin America                   People news/Diary 2004
Regional news:                                                                                             Europe (W)

UNITED KINGDOM                                                                     ITALY
Joint raids smash huge counterfeiting operation                                    Major crackdown on
     ne of the largest ever              Three brothers, believed to be the
                                                                                   organised crime
O    counterfeit music and film rings    ringleaders of the operation, were
                                                                                       wenty-one people were arrested
uncovered in the North East was
dismantled recently - when a series
                                         arrested at the scene on charges of
                                         conspiracy to defraud and                 T   at the culmination of a six-month
                                                                                   investigation by Public Prosecutors
of joint Durham Trading Standards        questioned by Durham Police. A
& Police raids yielded a £250,000        significant amount of cash and            in Naples in February. The operation
haul of CDs and DVDs.                    multiple CD burning towers were           led to the seizure of 80 high speed
                                         also seized at the scene.                 CDR burners, 25,000 CDs and DVDs
A BPI/FACT investigation into the                                                  and printing equipment. Fiscal
supply of counterfeit product in the                                               Police searched several addresses
region led to the raids, which took      “In terms of manufacturing                which had been identified as part of
place at three different premises at     capability, this was one of the largest   a major piracy operation, uncovering
10 am on 13th May. After six             operations we've encountered in the       evidence of a wide distribution
months of surveillance at car boot       UK to date. This factory was clearly      network for infringing music
sales at nearby Seaham, Tanfield         supplying a large network of pirates      products. Individuals at all levels of
Lea and Chester-le-Street,               in the North East, as it was capable      the network were arrested, from the
investigators successfully identified    of churning out tens of thousands of      importers of blank CDRs and the
the building from which the ring was     counterfeits per week.” David             operators of replication plants,
believed to be operating. The            Martin, BPI Director of Anti-Piracy       through to the owners of record
evidence gathered was passed to                                                    stores acting as outlets for these
the authorities for corroboration and                                              infringing products.
application for search warrants
                                                                    Source: BPI    In a separate action, Fiscal Police in
under criminal provisions.
                                                                                   Naples arrested five people during a
                                                                                   raid on a house near Somma
IRELAND                                                                            Vesuviana. The officers recovered
                                                                                   240 CDR burners, 50,000 pirate
Cottage conceals CDR burning operation                                             CDR discs and more than 16,000
                                                                                   inlay cards. Two cars believed to
  rish police officers recently raided   Intelligence suggests that                have been used by the operators
I a cottage in Dromahair, a village
close to the border with Northern
                                         paramilitary organisations use these
                                         types of operations for fund-raising
                                                                                   were also seized.

Ireland, and seized a considerable       activities. It is thought that the        Raid in San Marino
amount of duplicating equipment          operators pay a percentage for
and CDRs. During the raid on 22nd        “protection” but, if caught, are          Police in San Marino raided a well-
April 2004, a total of 37 burners        under strict instructions not to          known production plant on 20th
were recovered, as well as               implicate their ‘protectors’.             February situated within the
thousands of blank and burned                                                      principality following a laying of a
CDRs. Printers, scanners and                              Source: IRMA Ireland     formal complaint by IFPI and FPM,
labelling machines were also seized.                                               the Italian National Group’s anti-
                                                                                   piracy unit. The plant was
The sole occupant of the cottage                                                   responsible for manufacturing the
was arrested on the premises. He                                                   pirate titles, the ‘MP3 Collection’
took full responsibility for the                                                   which contained over 50 music
operation and stated that he had                                                   albums and their artwork and
been working at the premises for                                                   ‘Twilight’, a DVD containing BSA
about six months. He said he                                                       member repertoire. During the raid,
worked alone supplying market                                                      infringing product was recovered as
traders as far south as Clara market                                               well as stampers for previous
in County Offaly and Clogher and                                                   production. Police enquiries are
Jonesboro markets in Northern                                                      continuing.
                                                                                                        Source: FPM Italy
                                         CDR equipment uncovered in cottage

2                                                                                                             EB 23 - Jun 04
Regional news:                                                                                                  Europe (E)

 BULGARIA                                 LITHUANIA
 CO-OPERATION SECURES                     Two suspects arrested in CDR laboratory raids
 HUGE CUSTOMS SEIZURES                         cting on intelligence gathered during their investigations in February this

     ustoms Officers at the Danube
                                          A    year, police officers in Vilnius
                                          inspected the business premises of a
 C   Bridge Station conducted checks
 on a Bulgarian registered lorry and
                                          private company and discovered an
                                          illegal CDR burning laboratory in
 discovered, among boxes of               operation. The premises contained
 cosmetics, more than 120,000             equipment for recording music
 pirated DVDs with music and film         cassettes, nine CDR burners, silk
 content. The driver of the vehicle       screen printing equipment and more
 had been previously identified in a      than 6,000 pirate discs.
 similar action conducted by
 Romanian Customs Officers in             Based on evidence found within the
 2003.                                    laboratory the police were able to
                                          identify the principal customer who
                                                                                 Silk screen print ed fakes
 After the seizure, Bulgarian Customs     had ordered the illegal products found
 contacted their representative in        at the premises, and traced a
 Bucharest and provided information       warehouse where these products were stocked. In a raid on this warehouse
 concerning a second Bulgarian lorry,     building, more than 30,000 discs were recovered, along with 500 kg of inlays
 which had left Bulgaria via the          and booklets. Two suspects were arrested.
 Russe Border Station. As a direct
 result of this information sharing, on
 30th April the second vehicle was
 stopped at Siret Border Station on
 the Romanian/Ukrainian border.
 Upon checking the lorry, a further
 107,214 pirated DVDs were                MAHASZ and Police co-operation yields results
 discovered and seized.
                                            ncreased co-operation between the music industry association MAHASZ
 Enquiries revealed that both lorries
 were connected to the same               I and Hungarian police authorities has led to significant operations and
                                          seizure of large quantities of pirate products.
 Bulgarian business and were
 transporting cosmetics and the
                                          The biggest seizure of 2004 to date took place in the north-eastern town of
 infringing DVDs to a company in
                                          Kazincbarcika. After several “test purchases”, two brothers were arrested on
 Moscow. The seizure is the largest
                                          21st January. During the searches, large quantities of CDs and DVDs were
 of its kind in Eastern Europe, and
                                          found by police and MAHASZ officials, in cars owned by the detainees and in
 can be attributed directly to the
                                          their homes and garage. Computers and CDR burners used for pirate
 strong co-operation between
                                          activities were also seized. The brothers were taken into custody and their
 industry investigators and customs
                                          trial is pending.
 officials in Romania and Bulgaria.
                 Source: BAMP Bulgaria    In a separate case which was widely publicised by the international media in
                                          April, officers from the FBI co-
                                          ordinated simultaneous raids in
                                          several countries on pirates who were
                                          illegally distributing copyrighted
                                          sound and video files on the Internet.
                                          In one such action, Hungarian Police
                                          arrested two system administrators in
                                          a Technical University dormitory for
                                          their involvement in this file-sharing

                                                       Source: MAHASZ Hungary
                                                                                    A selection of illegal product seized during
Spindle stack pirate discs                                                          the raids carried out by Hungarian Police

EB 23 - Jun 04                                                                                                               3
Regional news:                                                        Europe (E)/Middle East/N.Africa/S.W.Asia

     ore than 61,000 pirated music            Minister Ionel Blanculescu, Head of
M    and film products were
crushed in Romania's second public
                                              the National Authority of Control,
                                              and Timothy Phillips, Economic
destruction ceremony for counterfeit          Officer of the United States
goods, held in Bucharest. The event           Embassy. Wide media coverage of
was co-ordinated by a cross section           the ceremony helped to reinforce
of Law Enforcement and Ministerial            the Government's commitment to
Authorities tasked with addressing            raise public awareness of the
the protection of intellectual                dangers of purchasing counterfeit
property rights within the country,           products.
and benefited from the presence of                          Source: UPFR Romania      Second public destruction event in Romania


B   etween 16th March 2004 and
    29th March 2004, IFPI’s Head of
                                              KUWAIT                                  EGYPT
Enforcement, Iain Grant, visited the          This was followed by a trip to          With the exception of one seizure in
Middle East, North Africa and South           Kuwait, where Iain Grant and staff      2003, involving the recovery of over
West Asia Region. During this visit,          from the US Embassy secured an          two million pirate carriers, the
he travelled to Jordan, Kuwait,               agreement from the Minister of          Egyptian authorities have mainly
Pakistan, Lebanon, Egypt and the              Information to initiate anti-piracy     focused on retail outlets. Iain Grant
UAE - to canvass the opinion of the           enforcement action. After leaving       met the head of the Police Anti-
local music industry on piracy issues         the Ministry of Information, Iain met   Piracy Unit and Customs to cement
and lobby the authorities to protect          with the Director General of            relations and push for investigations
the intellectual property rights of           Customs and presented him with a        targeting manufacturers and
IFPI members.                                 plaque, to show IFPI's appreciation     wholesale distributors. In addition,
                                              for his Department's successful         he met with the Chief of the IT
JORDAN                                        interdictions. (See article page 5.)    Police to acknowledge his unit’s
                                                                                      expertise in e-crime investigations.
Over the past two years, Jordan has           PAKISTAN                                Finally, Iain Grant visited the
initiated an anti-piracy program and                                                  National Centre for Judicial Studies
the Director of the National Library,         In Pakistan, the US Ambassador          and secured an agreement to
responsible for enforcement, has              undertook to relay IFPI's concerns to   educate Egyptian Judges and
had some notable successes against            the Prime Minister and monitor          prosecutors on the importance of
pirates (see article on page 6).              intellectual property protection        deterrent sentences.
During his visit, Iain Grant met the          developments. The Minister of
Deputy Prime Minister and the                 Finance indicated that the Pakistani
Minister for Justice to convey his            Government was aware of the
appreciation and lobbied for                  importance of intellectual property
deterrent sentencing.                         and was in the process of
                                              establishing an entity to oversee
                                              anti-piracy enforcement.

                                                                                      Gen Mostafa Radi - Chief of Egyption E
                                              The situation in Lebanon is not so      Crime Unit receiving IFPI plaque
                                              optimistic. Piracy is blatant and the
                                              music industry is suffering severely.   U.A.E.
                                              As a consequence, IFPI is mobilising
                                              the international community to          In the United Arab Emirates, Iain
                                              lobby the Lebanese Government for       Grant reviewed the Regional
                                              change. Whilst in Lebanon, Iain         Enforcement office and met with
Jordanian Deputy Prime Minister (2nd left)    Grant met with both the EU and UK       members of IFPI’s Middle East &
and Director of National Library (far left)                                           North Africa Committee to discuss
with Iain Grant and Willem van Adrichem       Ambassadors.
                                                                                      regional priorities.

 4                                                                                                                   EB 23 - Jun 04
Regional news:                                                                                          Middle East

 Immediate success for IPR Unit initiative
     ro-active action by Kuwait          At the press conference, Iain Grant,
 P   Customs in late April resulted in
 the seizure of over 21,000 CDs and
                                         IFPI's Head of Enforcement, stated:

 DVDs. Kuwait has one of the             “We applaud the initiative taken by
 highest piracy rates in the Gulf        Kuwait Customs to implement an IPR
 States and in 2003 this reached an      unit. Customs play a major role in
 estimated 60% for Arabic and            detecting piracy at the borders.”
 international repertoire and even
 higher for Indian repertoire.           Shortly after the launch of the IPR     Mr Ibraheem A . Al-Ghanim being
                                                                                 presented his IFPI plaque by Iain Grant
                                         unit, Kuwait Customs seized more
 Steps to tackle the problem were
                                         than 21,000 CDs and DVDs                Later in April 2004, Kuwait Customs
 initiated at a press conference in
                                         originating from Pakistan (music,       also stopped entry of several boxes
 April attended by an IFPI delegation
                                         films and games) and arrested three     containing approximately 8,000
 when Director General of Kuwait
                                         people suspected to be involved in      pirated optical discs from Malaysia
 Customs, Mr. Ibraheem A. Al-
                                         the illegal importation of pirated      and Indonesia. The investigation is
 Ghanim, announced the
                                         optical discs in Kuwait. Different      ongoing and customs authorities are
 establishment of a dedicated IPR
                                         points of entry into the country were   monitoring the weekly importation
 unit in conjunction with Kuwait
                                         used, importing 5,000 discs at a        of pirated optical discs from
                                         time.                                   Pakistan, Malaysia and Indonesia.

Exemplary operation defeats smuggling syndicate in Riyadh
     audi Arabia Ministry of                                                     recipient of the pirate goods in
 S   Information and customs
 authorities have stopped a
                                         Saudi Customs closely monitored
                                         the progress of the 20,000 pirate
                                         shipment from the moment it
                                                                                 Saudi Arabia uncovered that the
                                                                                 same company had previously
 shipment of over 22,000 pirate          arrived at Riyadh International         received numerous illegal
 optical discs and arrested two          airport. The investigation uncovered    shipments from Pakistan and
 customs officers suspected of           that the shipment was loaded on a       Indonesia. In total, the Saudi
 corruption following a lengthy          plane to Jeddah Domestic airport        company had received more than
 investigation into the movement of      and shortly after returned to Riyadh.   70,000 pirate optical discs in recent
 pirate goods from Pakistan.                                                     months from Pakistan alone and an
                                         The investigation team that had         unknown quantity from Indonesia.
 For months, IFPI's office in Pakistan   monitored the complicated               Several months ago Customs at
 has collected detailed information      procedures the pirates used to          Riyadh International airport had
 about shipments of pirated optical      import the shipment illegally into      already seized a shipment of about
 discs to more than 45 countries         the Kingdom of Saudi Arabia             40,000 pirated optical discs for the
 worldwide. In March, information on     consequently arrested the two           same company, and another
 a shipment of about 20,000 pirated      Customs officers at Riyadh airport      shipment of 45,000 discs which
 discs on its way from Karachi to        suspected of corruption and seized      was prevented from entering the
 Riyadh was passed on to                 a shipment of over 22,000 pirated       country.
 Mohammed Al Ghamdi, Anti-Piracy         optical discs and approximately
 representative at SOREMA, IFPI's        21,000 inlay cards. The shipment
 National Group in Saudi Arabia.         contained pirated music CDs
                                         (featuring international repertoire),             Source: Willem van Adrichem
 Working together, Saudi Arabia          movies and games.                                             IFPI Enforcement
 Ministry of Information officials and   Preliminary investigations into the                       Middle East/SW Asia

EB 23 - Jun 04                                                                                                       5
Regional news:                                                                             Middle East/S.W. Asia

JORDAN                                  INDIA
Ministry of Culture                     Police/IMI surveillance operation nets CDR pirate
confronting piracy                          olice officers in collaboration with IMI investigators raided a residence in

      amoun Talhouni, Director
                                        P   Saharanpur, Uttar Pratesh leading to the seizure of 25 CD writers and

M     General of the National Library
of the Ministry of Culture, and
                                        over 4,000 pirated CDs. During the search of the premises in February, police
                                        also confiscated more than 32,000 inlay cards and 25,000 stickers.

responsible for IPR Enforcement,        The raid was a result of a prolonged surveillance operation on the suspect
has initiated several major anti-       known to be involved in piracy. The CDs were being supplied to a well-known
piracy operations in Jordan in recent   shop owner in the area. It is estimated that this illegal operation, running
months working in close co-             clandestinely for about a year, was producing approximately 2,500 CDs daily,
operation with the IFPI Middle East     mostly throughout the night.

One such operation was a well-          CDR operation discovered in hotel in Chennai
coordinated raid against a prolific
pirate in the country which resulted        hennai Police arrested three people and uncovered a haven of illegal
in the seizure of more than 20,000
pirated music cassettes, 20 MC
                                        C   activity when they raided a hotel in the Nammalwarpet area of Chennai
                                        on 26th February. They seized 29 CD writers, more than 3,500 pirated VCDs
duplicating machines and the            and 700,000 inlay cards.
complete printing facility for the
inlays. The court case is pending.      It was during the course of an inspection in the area that the Video Piracy
                                        Unit of the Chennai police received information about an operation in which
In a separate action, 44 cartons        audio and video CDs were being burnt on the first floor of a hotel. The hotel
containing approximately one            was subsequently raided and the illegal product was confiscated. It is
million pirated MC inlays were          understood that the CDR unit had been in operation for the past two years
seized which had been imported          and the pirated CDs were being supplied to shops located in the notorious
from a neighbouring country.            Burma Bazaar.

                                                                                                        Source: IMI India

                 Willem van Adrichem
                     IFPI Enforcement   ISRAEL
                Middle East/S.W. Asia

                                        Major organised crime operation disrupted

                                             lengthy investigation by IFPI        Documentation seized during the
                                        A    Israel into the operations of one
                                        of Israel's most prolific organised
                                                                                  raid indicated that the production
                                                                                  capacity of this laboratory was
                                        crime groups has revealed the             sufficient to meet the demand from
                                        extent of the group's involvement in      traders in a large percentage of the
                                        the manufacture and distribution of       region's markets.
                                        pirated CDs. In May, Israeli Police
                                        supported by IFPI Investigators                  Source: Moti Amitay, IFPI Israel
                                        raided a large hangar in the
                                        industrial zone of Ramla and
                                        discovered a CDR laboratory,
                                        equipped with 63 burners, four
                                        printing machines and a large
                                        quantity of raw materials.

Approximately one million pirated MC
inlays were seized by the authorities                                            Illegal operation uncovered in warehouse

6                                                                                                             EB 23 - Jun 04
Regional news:                                                                                      Latin & North America

 BRAZIL                                            U.S.A
 International DVD                                 Anti-Piracy battle continues in Atlanta, Georgia
 piracy operation raided                              he FBI and Atlanta Police            These seizures closely follow the

 A   major music DVD investigation
     involving an international ring based
                                                   T  Department executed Federal
                                                   search warrants at two locations in
                                                                                           recent indictment of five people by
                                                                                           the Federal Grand Jury in Atlanta,
 in Curitiba, Brazil was dismantled on             Atlanta, Georgia on 13th May which      GA charged with conspiracy and
 26th March. Prosecutors from the P.I.C.           resulted in the seizure of over         pirating of copyrighted sound
 (Promotoria Investigatoria de Crimen
                                                   250,000 pirate and counterfeit          recordings stemming from
 Organizado), accompanied by APDIF do
 Brasil and the Military Police from the           CDRs and approximately 60,000           involvement in a $50 million dollar
 State of Curitiba executed three search           counterfeit motion picture DVDs.        pirate sound recording operation
 warrants on two offices and a private             Seven individuals were arrested by      from April 1999 through February
 residence, the latter being the main              the Atlanta Police Department and       2003. During this period of time
 target of the investigation. Large                charged with criminal violation of      approximately 400,000 pirate and
 quantities of documents, including
 original contracts, were seized. Two
                                                   the State of Georgia piracy statutes.   counterfeit CDRs were seized by law
 computers were also confiscated, for              Members of the FBI Swat Team and        enforcement in the Atlanta, GA.
 forensic examination.                             Atlanta “Red Dog” Tactical Squad
                                                   secured the two locations and were                                   Kenny Giel
 This is only the first phase of the               assisted by a combined search party                                      RIAA
 enforcement action. Phase two will be
 to obtain search warrants against the
                                                   that included 60 police officers and
 distributors. The investigation is a joint        agents including the Atlanta PD
 effort between IFPI, RIAA and other               Aviation Squad. Illicit product from
 National Groups who assisted in                   these distribution locations was
 obtaining the necessary information to            traced to ten different states
 initiate a prosecution.
                                                   throughout the South East United
 The evidence seized will now be                   States.
 analyzed and presented to the presiding
 judge after the official police inquiry has       Seven waste containers measuring
 been completed.                                   6' x 8' x 22' were used to haul off
                                                   the seized product which was
 MEXICO                                            immediately destroyed after court
                                                   samples were retained for future
                                                   prosecution. The product seized
 Police maintain pressure                          included Hip Hop, R & B, Rap,           Seven waste containers were used to remove
 on Tepito's pirates                               Gospel, and Urban Contemporary          the seized pirate and counterfeit product
     major enforcement operation in April
 A   in the notorious Tepito area of
 Mexico has resulted in the dismantling
 of seven CDR laboratories. A total of             Deterrent sentence for street seller
 118 burners and 37,000 recorded CDRs
 were seized. Four people were arrested.                fficer Rodney Hanks of the
 The Tepito neighbourhood, well-known
                                                   O    Portsmouth Virginia Police
                                                   Department attended a Music
                                                                                           Virginia for music piracy violations
                                                                                           and sentenced to serve 4 months in
 for its illegal activities, is a regular target                                           jail and to pay a $500.00 fine.
 for enforcement actions by anti-piracy            Piracy Investigation class hosted by
 association APDIF and police authorities.         the RIAA on 22nd March. Absorbing       The judge has made it abundantly
 Some of these actions have also in the            his new found knowledge he              clear to this defendant that
 past led to violent clashes between                                                       engaging in music piracy does have
                                                   identified a street vendor selling
 police and criminal gangs operating in
                                                   piratical sound recordings in his       some serious consequences. This is
 the area. However, excellent co-
 operation between APDIF Mexico and                patrol area on March 29th. Officer      particularly welcome, given that
 law enforcement has led to significant            Hanks arrested the vendor and           many judiciaries worldwide fail to
 successes in recent years highlighting            seized 26 counterfeit CDRs which        reflect in sentencing the cultural
 the importance of such partnership.               were retained as evidence.              and economic damage wrought by
 Notably, APDIF Mexico has obtained a
 total of seven piracy convictions in
                                                   On April 28th the defendant was
 February and March of this year, one of
 which resulted in a three-year prison             found guilty of violating one of the                                Mike George
 sentence.                                         criminal codes used in the State of                   Director of Training, RIAA

EB 23 - Jun 04                                                                                                                    7
Regional news:                                                                                      S.E.Asia/Pacific

HONG KONG                                  CHINA
284 arrested in anti-                      Major strikes against piracy in key cities
Triad sweep in Kowloon                       n a series of encouraging              visual products. The syndicate head
  n one of the largest sweeps conducted    I operations against pirate              was sentenced to seven years and
I against organised crime gangs in
Hong Kong, law enforcement officers
                                           syndicates, the authorities have
                                           signalled an intention to step up
                                                                                    the remaining defendants to
                                                                                    between one and six years
arrested 284 people and seized more        enforcement efforts.                     imprisonment. The syndicate had
than HK$2.6 million worth of illicit                                                smuggled over ten million discs into
goods.                                     In Guangzhou City, PSB officers          China between 2001 and March
                                           recovered four million pirate discs      2003.
The day-long operation in January was      from a warehouse purportedly used
aimed at the revenue sources of Triad      as a motorcycle service centre. In a     The destruction of 13 million pirate
societies in West Kowloon, Hong Kong.      separate action, officers of the Anti-   discs in a ceremony at the Southern
These societies control illegal brothels   Smuggling Unit of Punyu Customs in       Gate Square of Tianhe Stadium,
as well as the sale of pirated and         the Zhujian Delta intercepted a          Ghangzhou on 26th April symbolised
pornographic compact discs and             vessel and discovered 1.79 million       a determination to address a crime
smuggled cigarettes. The sweep
                                           optical discs in 15 containers falsely   that threatens economic
involved about 300 police officers and
                                           declared to be empty.                    development in the region. The
220 officials from the Television and
                                                                                    ceremony was presided over by LEI
Entertainment Licensing Authority, the     On 13th March, on conclusion of the
Office of the Telecommunications                                                    Yu-nan, Guangdong Vice Provincial
                                           region's most significant criminal       Governor and attended by
Authority, Customs, Immigration and
                                           trial for piracy offences, 17 people     representatives from Embassies of
Labour Departments officials.
                                           were convicted of trafficking in         the United States, United Kingdom,
                                           excess of six million illegal audio      Indonesia, Holland and Malaysia.
Customs steps up
security after scare                       MALAYSIA
    he Hong Kong Customs and Excise
T   Department was recently placed on
full alert after a suspicious object was
                                           Surprise plant inspection uncovers piracy
                                               surprise plant inspection by the     obstruction tactics and dubious
placed outside the head office of its
anti-piracy taskforce in Tsim Sha Tsui
and a bomb threat made.
                                           A   Ministry of Domestic Trade and
                                           Consumer Affairs (MDTCA) on 9th
                                                                                    excuses, carried out a thorough
                                                                                    inspection despite the fact that
                                           February has resulted in the seizure     none of the plants three ‘CDR’ lines
As a result of the incident, all 80        of 13 infringing stampers and 4,000      were in actual production at the
frontline officers from the Special Task
                                           discs.                                   time of entry. As a result of the
Force were ordered to carry guns,
                                                                                    team's diligence and comprehensive
pepper spray and extendable batons.        IFPI has long suspected Malaysian        search the infringing stampers and
About 40 customs officers who were on      plants, registered for CDR
duty were evacuated from the ground-                                                discs were found on the site. All the
                                           production, as supplementing             plant's lines were sealed.
floor office and police threw a cordon
                                           revenue by re-configuring non-active
around the headquarters as bomb
                                           lines for pirate production. MDTCA       In separate and unrelated enquiries,
disposal officers were called in. The
fake bomb was discovered by a customs      officers uncovered just such a           MDTCA's intelligence unit received
officer outside the front door of the      practice in the course of the            information of an underground
taskforce's office just before midnight.   surprise inspection on a licensed        replication operation in Puchong, on
                                           Malaysian CDR facility in February       the outskirts of Selangor, Malaysia.
At the time, five suspects who had been    2004.                                    A raid took place on 12th April,
rounded up on the previous Friday in                                                assisted by IFPI personnel, and two
operations against pirated discs and       MDTCA's Factory Inspection Team          CD/VCD lines were found at the site.
smuggled cigarettes were being held in     (F.I.T), carrying out late night         In addition to the machinery, 277
cells inside the office. Shortly after     licensing checks on several plants,      suspected infringing stampers and
01.00 am a Hong Kong Police Bomb           had their suspicions aroused on          5,500 finished discs (local audio
Disposal officer disarmed the device       arrival at the plant when their entry    and international film repertoire)
which had been constructed of metal        into the facility was delayed by an      were seized. The lines have been
tubes, wires and a clock. No explosive     hour. On being allowed access,
materials were used.                                                                removed and securely stored
                                           MDTCA, alerted by the plant's            pending further investigation.

8                                                                                                             EB 23 - Jun 04
Regional news:                                                                                         S.E.Asia/Pacific

 SINGAPORE                                  TAIWAN
 Police take action on                      Joint IFPI/MJIB anti-piracy operation
 registered plant                           dismantles major laboratory
                                               he Ministry of Justice Investigators (MJIB) officers together with IFPI
 A   joint investigation between IFPI
     and national industry                  T  Taiwan anti-piracy personnel raided a three storey building suspected of
                                            being an illegal CDR burning centre and discovered eight towers of CDR
 association RIAS has culminated in
 a raid on a registered Singapore           burners, each containing seven burners, and more than 25,000 burnt CDRs.
 replication facility by the Intellectual   Seven people found on the premises were arrested, including the principal
 Property Rights Branch (IPRB) of the       operator of the laboratory. Evidence indicated that the laboratory had been
 Singapore Police Force.                    operational since December 2003 and that its production was intended
                                            mainly to supply mail order syndicates.
 In early 2003, a Singapore-based
 music company discovered                   Multiple raids on CDR duplication centres
 infringing copies of two albums
                                              PR Task Force Police and IFPI anti-piracy personnel conducted a raid on
 distributed under their label in local
 retail outlets. Samples of the
 infringing discs were passed to IFPI
                                            I 24th February on a building where a man was arrested and an extensive
                                            range of pirated products were seized, along with product catalogues and
 to coordinate an investigation.            mail order dispatch envelopes. Customer records were also recovered from a
                                            computer in the building. The raid was the result of a market survey
 Having conducted further enquiries         conducted by IFPI anti-piracy personnel which discovered the operation of a
 and corroborated preliminary               mail order syndicate in Taichung. An investigation into this syndicate led to
 findings in late 2003, IFPI/RIAS           the identification of premises in Beitun, Taichung.
 lodged a formal complaint with the
 Singapore Authorities requesting an        Later the same day, another team was deployed to raid other premises
 investigation into the identified          nearby. More than 10,000 burnt CDRs carrying music, movie and
 manufacturing premises. On 1st             pornographic video together with 200 CDs, believed to be mastering sources,
 March, IPRB officers accompanied           were found on a table. As a result of the raids, two men were arrested.
 by IFPI personnel, raided three
                                            Information recovered during the above raids also led to the identification of
 floors of the production facility, and
                                            further premises being used as CDR burning laboratories. As a result, an
 recovered infringing discs, stampers
                                            additional 69 CDR burners and more than 35,000 pirated discs were
 and production records for both the
                                            recovered together with lines of production equipment.
 suspect audio titles and additional
 infringing audio product.

 IPRB, with IFPI assistance, are            THAILAND
 following-up on leads generated
 from the raid that indicate that the       Major Bangkok distribution centre raided
 customers behind the pirate
                                                significant raid was carried out in March 2004 on a pirate distribution
 production orders are linked to both
 Singaporean and Thai based                 A   centre in downtown Bangkok. Over 97,000 pirate optical discs were
                                            seized, almost two thirds of which featured infringing international music
                                            repertoire. A Thai woman was arrested at the scene.

                                            Based on information provided by IFPI and National Group investigators', the
                                            Bangkok Metropolitan Police raided a private house in the Klongsan district
                                            of the city leading to a huge haul of pirate material.

                                            The warehouse also contained large quantities of software products and
                                            pornographic DVDs. Seventy-four stampers were recovered at the scene,
                                            capable of reproducing hundreds of thousands of pirate discs. Also seized
                                            were over one million inlay cards, a clear indication of the capacity and
                                            sophistication of the syndicate involved.

                                            Subsequent investigation revealed connections to Hong Kong and Malaysia.
                                            Police enquiries are ongoing.
                                                                                                      Reports by Bob Youill
Dave Mattinson (left) thanks OC Case,                                                     IFPI Enforcement, S.E.Asia/Pacific
SSgtt Joseph Ho for a job well done

EB 23 - Jun 04                                                                                                               9
Regional news:                                                                                                    Africa/Russia

ZAMBIA                                       RUSSIA
Task Force tackles                           Measured optimism as police extract price
piracy in Lusaka                             for piracy: enforcement operations update
   he Zambian Government's efforts                fficers from Moscow's Law                 representatives raided three large
T  to combat piracy in the region
have led to several anti-piracy
                                             O    Enforcement Agencies, assisted
                                             by IFPI Investigators, conducted a
                                                                                            wholesale warehouses in Moscow.
                                                                                            These raids led to the seizure of
operations on market stalls and              raid in February against a                     more than 700,000 infringing
shops resulting in the seizure of large      clandestine DVD manufacturing                  optical discs featuring music in MP3
quantities of pirate music cassettes         plant operating three replication              format and computer software.
and CDs.                                     lines. Following the discovery of              Evidence was recovered which
                                             more than 25,000 pirated DVDs and              indicated that the goods were being
These actions followed an IFPI               800 stampers, a criminal action was            distributed through a series of
training workshop for police officers        initiated against the operators of             Internet sites, which will now be
in Zambia in October 2003, which             this plant.                                    subject to ongoing investigation.
highlighted the widespread
availability of pirated music products       The nature of the escalating CDR               During the course of a routine CD
in the area. The workshop culminated         piracy problem in Russia was                   plant inspection conducted by
in the formation of an Anti-Piracy           illustrated when Ministry of Interior          representatives of the Moscow
Task Force, whose impact in the              Officers from the Tatarstan Region             Prosecutor's Office and IFPI
capital city of Lusaka was                   raided an illegal CDR replication              personnel in April, officers
immediate.                                   facility located inside an industrial          discovered that two replication lines
                                             unit in March. A total of nine                 operated by the licensed plant were
To date, seven raids conducted by
                                             duplication towers, each housing               being used to manufacture
enforcement officers from the task
                                             four manually loading burners were             copyright-infringing DVDs. As a
force have resulted in the seizure of
                                             in operation at the time of the raid,          result of this discovery a full search
pirated music cassettes and compact
                                             alongside three printing machines.             of the plant was initiated, resulting
discs worth more than US$105,000.
                                             The authorities seized more than               in the seizure of more than 35,000
Despite violent protests against the
                                             75,000 burnt CDRs carrying                     illegal discs. Consequently, all
seizures, these actions have led to
                                             infringing materials and a quantity            replication equipment in the plant
significant improvements for the
                                             of pornographic DVDs.                          has been sealed and further
legitimate industry in the area.
                                                                                            production halted pending the
The Zambian Government further               During a series of co-ordinated raids          outcome of forensic analysis of the
illustrated its determination to             in April 2004, officers from the               seized discs.
                                             Ministry of Interior and IFPI                                         Sergei Avdienko
combat piracy, with the hosting of a                                                                  IFPI Enforcement, Russia/CIS
three-day conference in March on the
protection of intellectual property
rights. The seminar received
sponsorship from the World
Intellectual Property Organisation
and was well supported by rights-            Ministry of Culture & Police anti-piracy crisis talks
holders in the region.
                                                   otee Ramdass, Minister for Arts & Culture, is planning future talks with Police
             Source: William Mubanga,
          Copyright Enforcement Officer
                                             M     Commissioner, Ramanooj Gopalsing, to discuss concerns on the escalating
                                             piracy levels in Mauritius. The meeting, date undisclosed, will focus mainly on the
          Zambia Anti-Piracy Task Force
                                             problem of CD piracy, in particular of local Mauritian artists.

                                             “This is an issue I feel very strongly about”, declared Ramdass. “It is essential that we
                                             look after the rights of our artists and they are properly rewarded for their efforts.”

                                             The meeting with the Commissioner of Police will also be attended by representatives
                                             from the Anti-Piracy Task Force established by Ramdass.

                                             Also planned are talks with Prime Minister Paul Béranger, to raise awareness of the
                                             problems encountered by local artists.
                                                                                                             Source: Richard Rademan
Inspecting the pirate product after a raid                                                                    IFPI Enforcement, Africa

10                                                                                                                         EB 23 - Jun 04
News:                                                                                            Industry/Secretariat

 UNESCO, Anti-piracy                       The participants were asked to
                                           discuss and debate the issues
                                                                                      Malaysia: Training
 Training for Trainers                     involved in hypothetical cases of          freight forwarders
                                           music piracy. These practical
   FPI was invited to participate in a     exercises which were designed to           and prosecutors
 I UNESCO sponsored training
 seminar held in Sofia, Bulgaria
                                           tease out knowledge gained during
                                           the previous three days and to             B   etween February and March, IFPI co-
                                                                                          sponsored two training seminars,
 between 17th-20th May. The                involve the students in an                 the first with MPA and Microsoft, the
 seminar entitled “Anti-Piracy             interactive programme. All the case        second with MPA and BSA.
 Training for Trainers” was attended       studies were based on actual               As part of IFPI's ongoing initiative to
 by customs, police and prosecutors        events.                                    address the issue of Malaysia's large-
 from Bulgaria, Bosnia and                                                            scale export of infringing optical discs
                                                                                      overseas, IFPI joined MPA and the
 Herzegovina, Croatia, Macedonia                                                      MDTCA in hosting representatives from
 Serbia and Montenegro, and                China fact finding tour                    the major courier firms (DHL, Fed-Ex,
 Romania all of whom had                                                              UPS), bulk cargo handlers (MAS Cargo)
 responsibility for training in their      A delegation of eight people from          and several local forwarding firms
 respective countries.                     the National Copyright                     including the Chairman of the Air Freight
                                                                                      Forwarders Association of Malaysia
                                           Administration of the People's
 The four day training seminar was                                                    (AFAM).
                                           Republic of China visited IFPI's
 divided into sessions on the law and      offices on Friday 23rd April. The          The aim of the seminar was to provide
 history of intellectual property rights                                              insight into the difficulties faced by the
                                           delegation, headed by the Deputy
 including the development of                                                         optical disc industry in respect of export
                                           Director General, ZHAI Lifeng, was         of infringing discs, and receive feedback
 international treaties and practical      visiting Europe on a fact finding          from the courier and freight forwarders
 aspects of investigation including        mission to obtain an understanding         on how to best tackle the problems. The
 enforcement issues.                       of EU best practices in regards to         seminar included presentations from
                                                                                      MDTCA, MPA and FACT and concluded
                                           the investigation of copyright
 IFPI provided an overview of piracy                                                  with a lively open forum discussion
                                           offences.                                  group chaired by IFPI. Several key
 affecting the music industry and
 members of the MPA and the BSA                                                       initiatives were agreed to, including
                                           An overview of IFPI services, in           improved information sharing through
 described the situation in respect of     particular the role of the                 identified communications.
 their industries.                         Enforcement Unit, was provided
                                                                                      Following the Export Seminar, IFPI and
                                           including details of some recent IFPI      RIM COP representatives co-hosted a
 Day three dealt with a general
                                           investigations involving organised         two-day seminar in Langkawi, Malaysia
 perspective of piracy in South
                                           crime. Optical disc piracy in China        designed to address experience and
 Eastern Europe and the legal                                                         knowledge issues amongst prosecutors
                                           remains at an extremely high level
 framework in the region. In each                                                     handling Copyright and Optical Disc Act
                                           and the delegates were shown
 case the delegates gave a                                                            offence cases.
                                           examples of genuine and
 presentation dealing with the                                                        The well attended program held
                                           counterfeit discs of both Chinese
 legislation in their respective                                                      between 1st-3rd March 2004 saw over
                                           and international artists obtained by
 countries. A visit was made to an                                                    40 MDTCA and AG's Chambers
                                           investigators from the South East          prosecutors engage in themed
 optical disc plant, TOT 2002 Ltd
                                           Asia regional office.                      discussions, chaired by industry
 accompanied by a representative of
                                                                                      representatives from IFPI, RIM COP,
 the Ministry of Culture who has           The delegates expressed an interest        MPA, BSA and Microsoft.
 overall responsibility for supervising    in establishing an exemplar
 the production of all optical discs in                                               In his keynote address, well respected
                                           collection programme to assist in          local Judge, Yg Arif Dato' Gopal Sri Ram
 Bulgaria. At this plant the delegates     their fight against optical disc piracy    drew attention to the provisions within
 saw discs being pressed and the           in China and stated that they would        Malaysia's strong legislation designed to
 artwork being applied.                    submit a report suggesting such a          support prosecutors presentation of
                                                                                      evidence in copyright cases.
                                           course of action. IFPI welcomes
 During the final session a discussion
                                           such an initiative.
 was held about the evidence                                                          “It is hoped the positive response from
 available from plant visits and a                                                    attendees will manifest itself in
 series of case studies were                                                          increasing numbers of convictions for
                                                                  Graham Hagger       piracy offences in the near future”. Bob
 facilitated by IFPI's Training Office.                                               Youill, IFPI Regional Co-ordinator,
                                                              IFPI Training Officer

EB 23 - Jun 04                                                                                                                11
News:                                                                                                             In brief

Western Europe: Portugal
Training at the Judges Academy in Lisbon
AFP, the Portuguese National Group of IFPI, and IGAC (General Inspection of
the Cultural Activities) held a training session in Lisbon on 28th May for
future Portuguese Judges (Public Prosecutors). The session was attended by
120 magistrates who were given information about identification of pirate
product, the involvement of organised crime and the scale of piracy in
Portugal as well as the Portuguese legal framework. The level of attendance          Por tugal: IPR training at the Judges
                                                                                     Academy in Lisbon at the end of May
to the session was very encouraging and AFP has high expectations of
bringing this training to the curriculum of the Academy, commencing in
                                                                                     Diary 2004
                                            Source: Miguel Ramires, AFP Portugal
                                                                                     28-29 Jun    IFPI Regional Anti-
                                                                                                  Piracy Enforcement
Latin America: Brazil                                                                             Meeting (Dublin)

Mobile CDR burning operation discovered on a bus                                     30 Jun-2 Jul IFPI World Anti-Piracy
Acting on information developed through border operations, APDIF                                  Enforcement
investigators and Military Police in Brazil conducted a stop-check on a bus                       Conference (Dublin)
near to Sau Paulo. Their intelligence suggested that the bus was being used
to house a mobile CD-R burning laboratory. During a search of the vehicle,
officers recovered 147 CD-R burners, with a vast potential production
capacity. The use of vehicles in this manner is a direct attempt to avoid            Last word...
detection, and makes the development of intelligence concerning the location
of the laboratory more difficult for the authorities. The arrest of two offenders    General anti-piracy enquiries and
in this case illustrates the determination of authorities in Brazil to control the   requests for information relating to
escalating levels of CD-R piracy in the country.                                     enforcement issues should be sent to
                                                       Source: IFPI Latin America    the following email address:

S.E. Asia: Thailand
                                                                                     Information is also available from
Amidst a barrage of publicity, the Thai Government held a destruction                IFPI’s website: www.ifpi.org
ceremony of forfeited infringing goods on 20th March. A total of 1.1 million
infringing goods were destroyed including a large quantity of pirate optical         The next EB will be in September
discs. The ceremony took place at a government warehouse on the outskirts            2004.
of Bangkok used to store seized goods and was attended by representatives
from rights' holders organisations, the Ministry of Commerce Department of           Contributions / comments are welcomed
Intellectual Property, Police, Customs, local embassy officials and the press.       and these should be forwarded to the
A number of local celebrities were also on hand to help publicise the event.         editor no later than 10th September
                                                                       Bob Youill    2004 (see below for details).
                                               IFPI Enforcement, S.E. Asia/Pacific
                                                                                     Mailing list enquiries should also be
                                                                                     addressed to the editor.
People news
                                                                                             ENFORCEMENT BULLETIN
Lauri Rechardt     Director of Licensing/Litigation (Secretariat) May 04
Tim Smith          Senior Legal Adviser (Secretariat)             Jun 04
Allan Deaves       Intelligence Analyst (Secretariat)             Jun 04             This Bulletin is edited by Isabelle
                                                                                     Betsy, Executive Administrator @
Departures                                                                           IFPI Secretariat.

Marino Radillo     Regional Co-ordinator (Latin America)           Apr 04            Fax:   +44 20 7878 7990
Jorge Foch         Regional Investigator (Latin America)           Apr 04            email: isabelle.betsy@ifpi.org
Geoff Taylor       Director of Litigation (Secretariat)            May 04

12                                                                                                              EB 23 - Jun 04

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