E sccr/20/2 Rev Original: English date : May 10, 2010 Standing Committee on Copyright and Related Rights Twentieth Session Geneva, June 21 to 24, 2010



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E

SCCR/20/2 Rev

OriGINAL: English

DATE : May 10, 2010



Standing Committee on Copyright and Related Rights

Twentieth Session

Geneva, June 21 to 24, 2010

Study on the Socioeconomic Dimension of the


Unauthorized Use of Signals – Part II:
Unauthorized Access To Broadcast Content –
Cause And Effects: A Global Overview

prepared by Screen Digest, London*

* The views and opinions expressed in this Study are the sole responsibility of the author. The Study is not intended to reflect the views of the Member States or the Secretariat of WIPO.

TABLE OF CONTENTS

TYPES OF UNAUTHORIZED ACCESS 7

Physical piracy 7

Hardware based unauthorized access 7

Unauthorized re-broadcasting of signals 7

Extra territorial TV access (grey market) 7

UNAUTHORIZED ACCESS – A REGIONAL VIEW 8

North America 8

Latin America 8

Asia 9

Europe 9


Africa 10

Middle East 10

ACCESS BARRIERS AND CAUSES OF PIRACY 11

Consumer and industry barriers 11

Content exclusivity and competition 11

Policy and regulatory barriers 12

Non-availability of content 12

Content regulation 12

METHODOLOGY 12

GENERAL OVERVIEW AND DESCRIPTION 13

UNAUTHORIZED ACCESS – THE DIFFERENT TYPES 14

Physical Piracy 14

Commercial Piracy 16

Personal viewing and home copying 17

HARDWARE-BASED UNAUTHORIZED ACCESS 18

Unauthorized Re-broadcast of Signals 21

Extra-territorial TV Access 22

Online Piracy 24

GLOBAL IMPACT OF UNAUTHORIZED SIGNAL ACCESS 30

Rights owners 30

Investment in content production, technology, innovation 31

Jobs 32


Government taxes, revenue 32

Organized crime, social unrest 33

THE IMPACT OF UNAUTHORIZED SIGNAL ACCESS – A REGIONAL VIEW 33

North America 33

Latin America 37

Asia 42


EUROPE (WESTERN AND CEE) 47

Africa 55

Middle East 59

CAUSES OF UNAUTHORIZED ACCESS AND PIRACY 63

Enablers 63

ACCESS BARRIERS – A REGIONAL VIEW 67

North America 67

Latin America 70

Asia 73

Europe (Western and CEE) 76



Africa 79

Middle East 82

SOURCES 84

GLOSSARY 85



TABLE OF FIGURES

Fig. 1: Peer 2 PeerF (P2P) Networks – How BitTorrent Works 25

26


Fig. 2: Centralized Server-based Network 28

Fig. 4: North America Overview 36

Fig. 5: Latin America Overview 40

Fig. 6: Asia Overview 47

Fig. 7: Europe Overview 53

Fig. 8: Africa Overview 58

Fig. 9: Middle East Overview 62

Fig. 10 Basic pay TV subscription cost € 88

Fig. 11 Premium pay TV subscription cost € 89

Fig. 12 Basic pay TV subscription cost as a % of per capita GDP 90

Fig. 13 Premium Pay TV subscription cost as a % of per capita GDP 91

Fig. 14 Average Hardware/Installation costs as a % of per capita GDP 92

Fig. 15 Pay TV Penetration 93

Fig. 16 Worldwide Pay TV Subscribers (YE 2008) 93




TABLE OF SUMMARIES

Tab. 1 Physical Piracy – Key Points 14

Tab. 2 Hardware-based Unauthorized Access – Key Points 18

Tab. 3 Unauthorized re-broadcast of signals – Key Points 21

Tab. 4 Extra-territorial TV access – Key Points 22

Tab. 5 Online Piracy – Key Points 24

Tab. 6 North America – Summary of Key Issues 33

Tab. 7 Latin America – Summary of Key Issues 37

Tab. 8 Asia – Summary of Key Issues 42

Tab. 9 Europe – Summary of Key Issues 47

Tab. 10 Africa – Summary of Key Issues 55

Tab. 11 Middle East – Summary of Key Issues 59

Tab. 13 Access Barriers – North America Summary 67

Tab. 14 Access Barriers – Latin America Summary 70

Tab. 15 Access Barriers – Asia Summary 73

Tab. 16 Access Barriers – Europe Summary 76

Tab. 17 Access Barriers – Africa Summary 79



Tab. 18 Access Barriers – Middle East Summary 82


TYPES OF UNAUTHORIZED ACCESS



Physical piracy


1 Physical piracy has grown increasingly sophisticated over the years, having moved from formats such as VHS to DVD, and lately Blu Ray Discs (BD). Commercial physical piracy has increased in the last five to ten years, attributed to the combination of a range of factors, such as the introduction of optical disk formats; increasing penetration of playback hardware; consistent drop in both prices of blank recordable media and packaged original software. Unauthorized personal viewing/home copying is said to account for merely three per cent of total physical piracy in 2007, having remained static from the previous year, although recent estimates from the U.K indicate that losses to the industry from non commercial physical piracy may be higher than previously understood.

Hardware based unauthorized access


2 Hardware based unauthorized access can be described as access that is facilitated through the use of specific equipment that enables the circumvention of security measures such as set top boxes (STB), conditional access systems (CAS) and smart cards. Similarly to physical piracy, hardware-based access is also carried out on different levels, both commercial and personal. In numerous cases, circumvention of CA systems is carried out by TV enthusiasts who take it up as a challenge. However, there is a second group for whom this is a commercial business. This group circumvents CAS and then market boxes and hacked smart cards to consumers for a fee. The monetary impact of hardware based unauthorized access is ‘impossible to evaluate’, according to AEPOC – the European anti piracy association, but it estimates that approximately €1bn is spent every year in the EU on pirated cards and STBs.

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