Glossary

Appeal

Refers to appeals taken by the anti-piracy program in civil or criminal cases. To qualify for an appeal, the program must be asking a higher court to review an adverse decision by a lower court.

Back to Back Copying

Copying of a VCD or DVD to another VCD or DVD. Little or no attempt is made to duplicate packaging.

Burner Lab

A centralized computer connected to optical disc burners configured to manufacture multiple copies of the same source material.

NOTE: We included both CD and DVD burners in this category.

Cable Piracy

The transmission of programming over a cable TV system without the authority of the copyright owner.

Cable Signal Theft

The illegal commercial interception or retransmission of cable TV programming without payment of subscription fees. Cable signal theft include the use of modified or unauthorized de-scrambling equipment.

Cable Equipment Piracy

The manufacture, distribution or use of illegally modified cable de-scrambling equipment. Cable piracy involves the use of illegal "black boxes" by consumers.

Cease and Desist Letter

A letter to a third party that identifies specific violations of copyright or other legal provisions, demands the cessation of the infringing activity and/or other remedies, and threatens that legal action will be taken if the party does not comply with its terms.

Compliance Check

An investigative inquiry to determine whether a prior order, demand or agreement to cease unauthorized activity has been honored. Includes, for example, an inventory check of a video retailer, or a visit to a hotel, bar or apartment complex to check programming practices. Can only occur subsequent to prior investigative activity and does not include inspections.

Counterfeiting

Unauthorized duplication of motion pictures or other trademarked goods, in which significant effort is devoted to the faithful duplication of legitimate packaging, artwork, and, in some cases, security measures, in an attempt to pass off the copy as genuine.

Decoders

An apparatus that converts a purposely scrambled television signal into a viewable picture. Illegal cable/satellite decoders are often referred to as "black boxes".

Duplication Facility

A commercial enterprise or facility which duplicates motion pictures in film, video or laser formats. Enterprises or facilities engaging in such duplication without authorization may be referred to as "illegal duplication facilities" or "illegal factories."

Fraudulent Registration

The registration or attempted registration with the authorities of any country of any rights in a motion picture, video or television program based on false or fraudulent representations or documentation.

Grey Market

The use of cable or satellite de-scrambling equipment or the exhibition of a video product at a location not licensed for reception of the cable or satellite transmission or for the use of the video product. A license fee usually is paid for the cable or satellite service or for the use of the video product in the licensed territory.

Inspection

A visit to a video retailer or other commercial facility to determine if illegal video product is present on the premises that has not been subject to a previous investigative activity. Does not include compliance checks.

Internet - Auctions

This category is a subset of Internet Hard Goods, focusing on hard goods sales using online auction sites. Popular auction sites include eBay, Yahoo, etc. Auction takedowns do not constitute an investigative action.

Internet - Circumvention Devices

Devices used to defeat technological measures designed to protect movies from theft.

Internet - Downloadable Media

The sale or transfer of movies compressed into computer files.

Internet - Hard Goods

The sale of actual VCDs, DVDs or other finished product.

Internet - Release Groups

This category includes any investigations directed at Internet source piracy targets. An Encoding/Release Group is typically an organized group of technically skilled individuals who strive to be the first source of pirated movies and television content on the Internet.

Investigative targets which belong in this category include Internet release group members, suppliers to Internet release groups, and Internet source piracy infrastructure such as FTP Topsites and the individual who own, operate, and courier pirated goods to them.

Internet - Streaming

The broadcast of movies or television shows over the Internet.

Investigation

The formal collection and analysis of information tending to prove or disprove the occurrence of an illegal act and the identity of a subject of suspicion. Does not include inspections or compliance checks.

Pirate Optical Disc Distributor

An individual, business or facility that accumulates and stores pirated discs (burned and replicated) for subsequent distribution into the illegal sales market.

NOTE: We included both burned discs (CD-Rs, DVD-Rs, etc.) and replicated discs (VCDs, DVDs, CDs, etc) in this category as it is our understanding that many distributors do not deal in one specific media.

Pirate Optical Disc Retailer

Storefront or similar facility used primarily for the sale of unauthorized hard goods (VCDs, DVDs, CDs, DVD-Rs, CD-Rs, etc). A pirate retailer may purchase illegal copies directly from a burner lab, replicator or distributor, or may have one or more burners to produce their own illegal copies to sell to consumers.

NOTE: We included both burned discs (CD-Rs, DVD-Rs, etc) and replicated discs (VCDs, DVDs, CDs, etc) in this category as it is our understanding that many retailers do not deal in one specific media.

Piracy

The manufacture, distribution, sale or use of unauthorized copyright contents.

Pre-release Piracy

An unauthorized copy of a motion picture in any format distributed or possessed prior to the authorized release of that motion picture in that format in the subject country. May be distinguished as "pre-theatrical release piracy" or "pre-video release piracy" depending on which authorized release window the piracy proceeds.

Public Performance Piracy

Any showing to the "public" of a motion picture in any format not licensed for exhibition in that particular place.

Raid

An authorized search conducted without prior notice, for the purpose of seizing materials for use as evidence in a criminal or civil proceeding, for preventive or probative purposes or pursuant to a civil or criminal court order.

Replicator Plant/ Factory

Facility used primarily for the manufacture of Optical Discs (VCDs, DVDs, CDs, etc,) intended for the home entertainment market. Replication equipment would include disc-molding equipment, and may also include mastering equipment (any machine, equipment, or device used for the mastering of optical discs or production parts), necessary for the production of optical discs.

Satellite Piracy

The transmission of programming over a satellite TV system without the authority of the copyright owner.

Satellite Signal Theft

The illegal commercial interception or retransmission of satellite TV programming without the payment of subscription fees. The retransmission may or may not include the use of modified, unauthorized, or grey market de-scrambling equipment.

Site Survey

An on-site inspection and formal review of physical security, access control, distribution systems and accountability for member company product at, for example, a film or video reproduction or distribution facility.

Smart Card

An electronic apparatus that resembles a credit card and is inserted into a satellite decoder to enable it to de-scramble an encrypted satellite signal. The card is easily adaptable to changing encryption technology.

Street Vendors / Flea Markets

Individual vendors and markets that sell unauthorized hard goods (tape, burned and/or replicated discs) on the street, in an open marketplace (not in an individual store), or out of a vehicle.

Under the Counter Piracy

A form of video piracy where video shop owners do not display pirated videocassettes on shelves, but have copies available "under the counter" upon request.

Video Theatre

Any commercial facility, usually small in capacity, which acts as a theatre and uses VCDs or DVDs as the source for the movies shown to the audience.

Warning Letter

A letter to a third party that provides general information about rights under the copyright laws or other legal provisions and advises against violation of those rights, without identifying specific instances of infringement, making demands for specific corrective actions or seeking restitution for past illegal activities.