Taking Down a Giant: Fighting Piracy with the New Rules on Site Blocking
J. Ponce Law is thrilled to announce a resounding victory for our client, the Motion Picture Association, Inc., a trade association that represents filmmaking giants Paramount Pictures, Sony Pictures, Universal Pictures, Walt Disney Studios, and Warner Bros., and iconic streaming platform Netflix. The fight against piracy is far from cinematic but here we have a triumph worth writing about. After filing the first site-blocking case in the Philippines, we won the right to take down one of the biggest piracy websites in a landmark decision that made use of a new IP rule.
How big is the problem of online piracy?
Piracy presents a significant threat to the creative industry. Filmmakers, artists, studios, and other stakeholders invest substantial resources in creating original content. Piracy websites like the ones under YTS steal these works, making them available for illegal download and streaming. Not only does this rob the creators of their rightful revenue, it also threatens the industry as a whole. Beyond the financial implications, online piracy undermines the very foundation of creative expression. It devalues the tireless efforts poured into creating original content and hinders the growth of an artistic industry such as filmmaking.
In the Philippines, online piracy continues to be a problem impacting the national economy. According to IPOPHL Director General Attorney Rowel Barba who cited a study by Media Partners Asia, revenue losses due to online piracy reached up to $781 million in 2022. Left unchecked, piracy could even bleed the country of $1 billion in revenues by 2027.[1]
New Site Blocking Rules
In September 2023, the IPOPHL issued Memorandum Circular No. 2023-015, or the Rules on Voluntary Administrative Site Blocking. In collaboration with the National Telecommunications Commission and top internet service providers, the site blocking tool restricts access to websites that infringe upon the rights of the creative industry. To utilize it, the rights holder or an authorized representative must first file with the IP Right Enforcement Office. After that, the wheels will be set in motion.
Fighting for the rights of the Motion Picture Association
J. Ponce Law understands the devastating effects of piracy on the creative industry. As an intellectual property law firm, we are dedicated to safeguarding our clients’ artistic works. Similarly, the Motion Picture Association, Inc. (MPA) serves as the chief advocate of its member studios, protecting their art and expanding their reach legally.
When the MPA approached us regarding one of the world’s top piracy websites, we immediately understood the gravity of the situation and worked together to fight for the rights of their storytellers. As their primary counsel in the case, we drafted a complaint detailing YTS’s illegal activities. The complaint alleged that YTS and its eleven associated domains (including yts.mx, yts.rs, and torrent.yts.rs, among others) were infringing upon the copyrights of MPA member studios by offering unauthorized access to movies and TV shows via downloads and streaming. Upon investigation, it was established how the infringers illegally distributed and accessed copyrighted material: through peer-to-peer networks for sharing files, by hosting content on illegal streaming platforms, by distributing files via direct downloads, and using VPN to conceal their activities. Without the express authority or consent of the MPA and its members, titles like Shazam!, Raya and the Last Dragon, Fast & Furious 9, Top Gun Maverick and others were unfairly dealt the blows of a massive copyright infringement.
A landmark win against piracy
On May 2, 2024, the IPOPHL’s IP Rights Enforcement Office issued a decision in favor of the Motion Picture Association and J. Ponce Law. The activities of YTS and its associate domains violated Section 216 of the Intellectual Property Code of the Philippines. In a landmark win against piracy, the IPOPHL issued its first-ever site-blocking request against YTS, effectively taking down one of the world’s most notorious piracy websites on Philippine shores.
It’s not yet over
The film has ended and the credits may be rolling––but it is not yet exactly over. Piracy is a convoluted crime and every now and then, a new website will pop out with the same malignant intentions as its predecessors. We believe that our victory will be just one of many. There will be a sequel, but for now, we sit back as the credits roll, reading the names of the people whose rights we continue to fight for.
[1] https://www.philstar.com/nation/2024/05/01/2351617/philippine-ip-body-warns-revenue-loss-due-online-piracy