The U.S. Trade Representative released the Special 301 Report alongside a second report: the 2019 Review of Notorious Markets for Counterfeiting and Piracy. The Notorious Markets Report "highlights prominent and illustrative examples of online and physical markets that reportedly engage in or facilitate substantial privacy or counterfeiting. A goal of the [Notorious Markets List] is to motivate appropriate action by the private sector and governments to reduce piracy and counterfeiting."
This year's
Notorious Markets Report includes e-commerce platforms and related online
third-party marketplaces along with physical markets that traffic in
counterfeit and pirated goods. The Report calls on third party marketplaces to
do more to curb such trafficking, and endorsed the steps urged by the
Department of Homeland Security in a report
released in January of this year.
Additionally,
this year's Notorious Markets Report features the nexus between malware and piracy
as a focus issue. Dangerous malware is frequently involved in the payment processes
or embedded with the pirated content, putting financial and other data of users
at risk. Purchasing movies, TV, music and other content from legitimate vendors
is therefore a matter of consumer safety. The connection between malware and
copyright piracy is also addressed in our new
book, Modernizing Copyright Law for the Digital Age – Constitutional Foundations
for Reform.
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