Page:Special 301 Report 2015.pdf/23

From Wikisource
Jump to navigation Jump to search
This page has been validated.

particularly in China, and in Latin America, the Middle East, and the Caribbean region. Websites that link to infringing content are intensifying the problem. In addition, pirate servers or "grey shards" that allow users to play unauthorized versions of cloud-based entertainment software, and the development and online distribution of devices that allow for the circumvention of technological protection measures (TPMs), including "game copiers" and mod chips, allowing users to play pirated games on physical consoles, present unique enforcement challenges for rights holders.

"Camcorded" copies (i.e., unauthorized recordings made in movie theaters) of first-run motion pictures that are distributed worldwide via the Internet result in economic harm not only in the market where the film was originally shown, but in other markets as well. The availability of, and recourse by rights holders to, enforcement procedures and remedies is a critical component of the online ecosystem. However, governments must also play a role, particularly in situations of online piracy that implicate multiple jurisdictions. Governments should avoid creating a domestic environment that offers a safe haven for piracy on the Internet.

For example, the United States also is increasingly concerned with Switzerland's system of online copyright protection and enforcement. Several years have elapsed since the issuance of the judicial decision which gave rise to these concerns. Switzerland is reportedly attracting illicit sites formerly hosted in Eastern Europe, so the urgency for action by Swiss authorities has increased considerably. The United States strongly urges Switzerland to demonstrate its commitment to provide robust copyright protection and to combat online piracy by taking concrete steps to ensure that rights holders can protect their rights. The United States continues to welcome many aspects of the December 2013 report of the Arbeitsgruppe zum Urheberrecht (AGUR12 working group) on copyright, and continues to encourage the Swiss government to move forward expeditiously with measures that address copyright piracy in an appropriate and effective manner, including through administrative action and legislation. The United States looks forward to intensified engagement by, and cooperation with, Swiss authorities in their enhanced efforts with respect to this important issue.

The United States continues to work with other governments, in consultation with U.S. copyright industries and other affected sectors, to develop strategies to address global IPR issues. The United States encourages trading partners to adopt measures to address these challenges, including by implementing the WIPO Internet Treaties. These treaties, agreed in 1996 and which entered into force in 2002, have raised the standard of copyright protection around the world, particularly with regard to Internet-based delivery of copyrighted content. The treaties, which included certain exclusive rights, require signatories to provide adequate legal protection and effective legal remedies against the circumvention of certain technological measures as well as certain acts affecting rights management information. A growing number of trading partners are implementing the provisions of the WIPO Internet Treaties to create a legal environment

18