1 November 7, 2020 Mr. Jake Ewert Director for Innovation & Intellectual

Home , BeIN Media Group, BeoutQ, The National (Abu Dhabi)

November 7, 2020

Mr. Jake Ewert Director for Innovation & Intellectual Property Office of the United States Trade Representative 600 17th St., NW Washington, DC 20508

Submission by beIN Media Group LLC and Miramax, LLC 2020 Out-of-Cycle Review of Notorious Markets (Docket Number USTR-2020-0035)

Dear Mr. Ewert,

beIN Media Group LLC (“beIN”) and Miramax, LLC (“Miramax”) appreciate the opportunity to provide comments in response to the request by the Office of the United States Trade Representative (“USTR”) to identify examples of online and physical notorious markets that engage in and facilitate substantial copyright piracy and trademark counterfeiting, for the purposes of USTR’s 2020 Out-of-Cycle Review of Notorious Markets.

beIN is a global sports and entertainment media company incorporated under the laws of the State of Qatar. beIN engages in television production, distribution and media rights acquisition, and broadcasts in 43 countries across North America, Europe, the Middle East and North Africa (“MENA”), and Asia. beIN is also expanding significantly into entertainment through television production and distribution, and currently owns a majority share of Miramax Films to grow its movie production capabilities.

beIN holds exclusive rights to broadcast, and to authorize others to broadcast, premium sporting competitions in the MENA region, including but not limited to the National Basketball Association (“NBA”), Major League Baseball (“MLB”), the U.S. Open Tennis Championships, the soccer World Cup by Fédération Internationale de Football Association (“FIFA”), the Champions League by the Union of European Football Associations (“UEFA”), and national soccer leagues.

The core of beIN’s business is dependent on intellectual property (“IP”) rights that result both from having acquired exclusive media rights from third parties, such as major sporting leagues, and from beIN’s own efforts as the creator of media content. beIN’s negotiations to acquire broadcast rights from major U.S. and international sporting leagues have been underpinned by a necessary confidence in international IP protection. Accordingly, the protection and enforcement of those IP rights is fundamental to the health and success not only of beIN and the rights holder sporting

leagues themselves, but also of the many people in the United States whose livelihoods are dependent on the revenue that this industry generates.

Miramax is a global film and television studio headquartered in Los Angeles, CA. Miramax is known for films such as Good Will Hunting, 13 Going on 30, Kill Bill, Halloween (and its sequels), and many others. Miramax is also the sales agent for the production company Revolution Films (“Revolution”) and has worldwide television and digital distribution rights for Revolution’s films. Revolution acquired some of its titles from the library of the Morgan Creek Entertainment Group (“Morgan Creek”) several years ago and Miramax now represents these titles, having television and digital distribution rights worldwide, excluding North America. Miramax was acquired by beIN in March 2016, and, as of December 2019, is 49 percent owned by ViacomCBS.

Piracy presents a serious threat to the broadcasting, film, and television industry. In the MENA region in particular, where beIN broadcasts directly to customers via its own encrypted satellite channels (in Arabic, English, and French), piracy is likely the principal means by which consumers access premium television content, including live sports broadcasts. Piracy is also likely the primary means by which consumers in the MENA region access premium movie and television content on demand, including content owned by Miramax. Indeed, there are many well- established pirate operators, and well-known piracy “brands” that are openly sold in physical and online markets in countries across the MENA region. beIN and Miramax are fully committed to the fight against piracy through all available technological and legal means. beIN and Miramax welcome USTR's publication of key online and physical marketplaces that are involved in infringements of IP rights, and commend its aim to encourage the licensed distribution of legitimate content.

The sections that follow identify, for USTR’s consideration in its 2020 review of notorious markets, a number of online marketplaces through which pirated content is made available.

I. Operators of IPTV Services

As USTR is aware, there has been a significant surge in Internet Protocol Television (“IPTV”)- based piracy, which poses a major threat to the entire broadcasting and film industry. IPTV pirate services are usually offered on a subscription basis, and provide access to thousands of pirated television channels restreamed from around the world, and vast libraries of on-demand movies and television series. Access is typically provided by means of an application (“app”), which can be (i) installed on consumer hardware (often referred to as an “illicit streaming device” or “ISD”), such as an android device that can be plugged into a television, or (ii) downloaded directly to a user’s own device, such as a smart TV, smartphone, tablet, game console, or similar device. IPTV services are typically either monetized via advertising, or offered on a subscription basis at prices (e.g., USD 35 per year) that are far lower than any legitimate operator acquiring rights to, and producing such content, could ever offer (assuming it were even possible to obtain a worldwide licence to thousands of major television channels, movies, and television series).

IPTV piracy is particularly pernicious because pirated services compete directly with legitimate services. As pirated content can easily be watched through a television, it is likely to engage an

entire household and may be considered a true alternative to a legitimate service. Many consumers may even be unaware that the service they use is illegitimate.

Unlike other major forms of internet streaming piracy, such as online content sharing platforms and streaming websites, which are generally relatively easy to discover and monitor on the open internet (with the exception of closed and private groups), pirate IPTV is quite difficult to monitor because it is usually subscription based.1 This means that the content within a pirate IPTV service can be viewed only if a subscription is purchased and maintained. It requires a substantial undertaking to discover and monitor these services.

Notwithstanding the considerable challenges and difficulties involved in identifying the operators of pirate IPTV services, beIN and Miramax have identified a number of particularly significant services, which are causing substantial harm to beIN and its U.S. rights holders as well as to Miramax. Based on those investigations, we request that the following pirate IPTV services be added to the Notorious Markets List: (i) Renbow TV, (ii) ATN, and (iii) EVDTV.

A. Renbow TV

Renbow TV (“Renbow”) is a pirate IPTV application that works on any android device. Subscriptions to Renbow are typically sold for around USD 25 per year, and provide access to over 4,000 channels pirated from broadcasters around the world. Available channels include sports and other programming from beIN’s MENA channels, beIN France, and beIN’s U.S. channels, often including multiple streams of the same beIN channels. Renbow is commonly pre-installed on X96 mini devices sold in the Gulf region, as well as sold online. beIN investigations have revealed that Renbow is offered on pirate IPTV devices sold into the MENA market, including Bahrain, Kuwait, and Oman, as well as Saudi Arabia, via the Haraj online marketplace (discussed in Section V.A below). beIN has linked the operators of Renbow with a number of other pirate IPTV services, which indicates that the subscriber base and reach of this pirate operation is very likely considerable. Following action by beIN, the Renbow app was removed from the official Google Play Store. However, it is still available for download from many other websites.

While it is difficult (and sometimes impossible) to identify the underlying operators of a pirate IPTV service, beIN has conducted an extensive investigation into Renbow and concluded that it is likely operated from Bahrain and the Gaza Strip, and that it is also linked to numerous other pirate IPTV services available in the MENA region. It can be anticipated that each of the services is sharing content and streams with each other. Such additional services include:

 True IPTV app  M Box IPTV app  Altaneen Pro app  Skky IPTV app  Dragon IPTV app  Valra app  Twin TV app

1 Advertising-supported “open” pirate IPTV apps also exist. 3

 Ghost TV app  Cobra Plus app  MyHD app  Teivie app  Tigershare  Safarisat beIN and Miramax request that USTR add Renbow TV to the Notorious Markets List.

B. ATN

The Advanced TV Network (“ATN”) supplies pirate IPTV streams throughout the world, via its ATN-branded IPTV service, which provides unauthorized access to vast swaths of content, including beIN and Miramax content. ATN focuses primarily on Arabic channels as well as Sky, Disney, and Fox. The pirate service is believed to be vertically integrated, in that it copies channels, sources hardware, and controls its distribution network. ATN had been based in Sweden, but it is now believed to be operated from the United Arab Emirates. 2 beIN is presently a named victim in criminal proceedings in Sweden against the operator of the ATN pirate network. A criminal trial was held in June 2018. The evidence at that trial showed that ATN had 1 million subscribers, 25 employees, and revenues of around USD 5.65 million per year. The evidence further demonstrated that, as of the time of the litigation, ATN operated centres where it copied and redistributed television content in both Sweden and Jordan.

The operators were convicted at trial, sentenced to 2.5 years in jail, and ordered to pay beIN compensation in the amount of approximately USD 24 million. 3 ATN has appealed the trial court’s decision, with the appeal due to be heard in 2021. Meanwhile, ATN continues to sell receivers that enable the streaming of pirated beIN channels into markets in Europe and North America. In particular, beIN investigations have revealed that ATN-branded receivers have been available for sale online from https://atnnetwork.co.uk/, and from physical stores in London, Berlin, Munich, Amsterdam, Rotterdam, Brussels, Stockholm, Göteborg, and Malmö.

beIN and Miramax request that USTR add ATN to the Notorious Markets List.

C. EVDTV

EVDTV is a pirate IPTV service that provides access to over 3,900 live channels, including 271 U.S. channels in the USA and USA Ultra HD sections, and 9,000 videos (e.g., movies, television shows, etc.) on demand. Among these channels are those that air content owned by Miramax.

2 See Bill Toula s, Pirate IPTV Service Sellers Who Faced $24 Million Lawsuit Are Back in Business, TECHNADU (Oct. 20, 2020), https://www.technadu.com/pirate-iptv-service-sellers-24-million-la wsuit-back-business/219290/ (reporting that “ATN has moved to the United Arab Emirates”).

3 Stockholm District Court, Patents and Markets Court, TR B 16838-17 Dom 2018-06-29.

EVDTV offers all major U.S. and European networks, including 32 channels categorized under “Live Games.” beIN’s investigations and source analyses have revealed that the operator of EVDTV is most likely re-streaming, rather than originating, the pirated content. For example, the below screenshot of an EVDTV stream contains another pirate logo, the Blue TV logo, visible in the top right corner of the screen.

beIN’s investigations have further revealed that the owner/operator of the site is currently located in Saudi Arabia. As of today, EVDTV continues to sell IPTV subscriptions infringing on beIN’s rights.

EVDTV, which can be used on any IPTV device, has been actively promoted on and available for download from a number of online websites and marketplaces, including:

http://www.apppcdownload.com/evdtv-player-2-1/ https://a2zapk.com/265317-evdtv-player-2-0-1-0.html https://androidappsapk.co/download/khaled.stream.EVDTV_PLAYER/ https://androidcrew.com/app/com.evdtvplayer.evdtvplayeriptvbox https://apk.support/app/com.evdtvplayer.evdtvplayeriptvbox https://apk.tools/details-evdtv-player-2-0-apk/ https://apkgk.com/com.evdtvplayer.evdtvplayeriptvbox https://apkplz.net/app/com.evdtvplayer.evdtvplayeriptvbox https://apkpure.com/ar/beout-iptv- %D8%A7%D9%84%D9%85%D9%84%D9%83%D9%8A/com.evdtvplayer.evdtvplayeri ptvbox

https://appnaz.com/android/evdtv-player-2.0-com.evdtvplayer.evdtvplayeriptvbox https://appsonwindows.com/apk/4411945/ https://com-myspecial-launcher-hayiptv.en.aptoide.com/app https://matjarplay.com/en/download-evdtv-player/ https://play.google.com/store/apps/details?id=com.evdtv.evdtvplayeriptv&hl=en_GB https://www.apkfollow.com/app/evdtv-player-2-1/com.evdtvplayer.evdtvplayeriptvbox/ https://www.apkmonk.com/app/com.evdtvplayer.evdtvplayeriptvbox/ https://www.apkonline.net/download-android-apks/app-evdtv-player https://www.browsercam.com/evdtv-player-21-pc/

EVDTV subscriptions are also openly advertised on Saudi e-commerce platform Haraj, discussed in Section IV.A below. In particular, beIN investigations have revealed that the operator of EVDTV, himself, sells EVDTV on Haraj and does so from Riyadh, Saudi Arabia.

Notably, the website http://universeiptvs.com has marketed EVDTV subscriptions using the logo of notorious Saudi pirate beoutQ (described below), as shown in the screenshots below:

While beoutQ has ceased its operations, use of the logo indicates that EVDTV is taking advantage of beoutQ’s widespread notoriety and the public’s familiarity with this logo.

Based on beIN’s previous experience with pirate operators in Saudi Arabia, beIN does not believe that it can obtain relief from Saudi pirates, such as EVDTV, through a civil action before Saudi courts or administrative tribunals, and does not anticipate that the Saudi authorities would bring criminal action.

As explained in beIN’s previous notorious markets and Special 301 submissions,4 beoutQ began operating openly from Saudi Arabia in August 2017 and primarily targeted the Saudi market. beoutQ-branded set-top boxes and annual subscriptions were widely available in retail stores in Saudi Arabia and were also found in other countries, including Bahrain, Jordan, Morocco, and France. These set-top boxes received satellite broadcasts of pirated content, primarily content licensed to or owned by beIN. Subscription to beoutQ’s satellite service generally provided unauthorized access to beIN sports channels 1 through 10, in violation of the IP rights of beIN and its U.S. and other rights holders. In addition to generating revenue through sales of set-top boxes and subscriptions, beoutQ sold advertising slots on its ten channels and published its advertising rates in Saudi Riyals on its website.

4 See Submission by beIN Media Group, LLC and Miramax, LLC for the 2019 Special 301 Review, available at https://www.regulations.gov/document?D=USTR-2018-0037-0052; Submission by beIN Media Group LLC for the 2019 Out-of-Cycle Review of Notorious Markets, available at https://beta.regulations.gov/comment/USTR-2018- 0027-0015.

Without any explanation, beoutQ satellite channels went off the air in August 2019. However, beoutQ set-top boxes, in addition to making available beoutQ’s own pirated satellite channels with live sports content stolen from beIN, also contained an app store. The app store invited users to install certain pirate IPTV apps, which, in turn, offered users access to thousands of pirated movies, TV shows, and TV channels from the United States, Europe, and across the globe,5 including EVDTV. It is estimated that there were three million beoutQ set-top boxes in circulation, providing access to vast swaths of pirated media content on these IPTV applications, including EVDTV.6 Today, users who installed EVDTV on their beoutQ set top box may still be using the service. beIN understands that the beoutQ piracy operation was actively supported and promoted by the Saudi Government. High profile supporters of beoutQ in Saudi Arabia (including Saud Al Qahtani7) used social media, including Facebook, Instagram, and Twitter, to promote beoutQ’s unauthorized distribution.8 beIN was unable to initiate civil action in Saudi courts to enforce its IP rights. Despite requests to several law firms based in Saudi Arabia to commence civil action before the Saudi courts to seek injunctions, damages, or other legal remedies against the individuals and/or entities behind beoutQ, beIN was unable to secure Saudi legal representation, as all Saudi law firms beIN approached declined to act for beIN. European football rights holders faced the same roadblocks to initiating civil action in Saudi courts to enforce their IP rights, as they have publicly explained. 9 In sum, and as USTR itself found in its 2019 notorious markets review, “there was no successful public judicial or enforcement action taken against beoutQ by a government or the private sector.”10 This

5 See Submission by beIN Media Group, LLC and Miramax, LLC for the 2019 Special 301 Review, available at https://www.regulations.gov/document?D=USTR-2018-0037-0052. 6 See Leaders Special Report – BeoutQ: an unprecedented piracy story, LEADERS (Oct 4, 2019), p. 6 https://leadersinsport.com/sport-business/leaders-special-report-beoutq-an-unprecedented-piracy-story/. See also Rebecca Hawes, beIN slams persistent piracy menace, DIGITAL TV EUROPE (Nov. 8, 2019), https://www.digitaltveurope.com/2019/11/08/bein-slams-persistent-beoutq-piracy-menace/ (reporting that beoutQ continues to “distribut[e] premium channels illegally via the IPTV function of its boxes,” and it remains possible that beoutQ could resume under a different name). 7 Until October 2018, Al Qahtani was considered a top adviser to the Saudi Crown Prince in his role as a Consultant to the Saudi Royal Court with the rank of Minister and Chairman of the Board of the Saudi Union for Cyber and Programming Security. Notably, on November 15, 2018, Al Qahtani was added to the U.S. Government’s Specially Designa ted Na tionals a nd Blocked Persons (“SDN”) List pursuant to the Global Ma gnitsky Human Rights Accountability Act, for his role in the killing of Saudi journalist Jamal Khashoggi.

8 See WTO Panel Report, Saudi Arabia – Measures concerning the Protection of Intellectual Property Rights, paras. 7.113-7.117, 7.155 (circulated June 16, 2020) (currently on appeal), available at https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/DS/567R.pdf&Open=True; Submission by beIN Media Group, LLC and Miramax, LLC for the U.S. Government’s 2019 Special 301 Review, Annex 1, available at https://www.regulations.gov/document?D=USTR-2018-0037-0052. 9 Joint statement by FIFA, the AFC, UEFA, the Bundesliga, LaLiga, the Premier League and Lega Serie A regarding the activities of beoutQ in Saudi Arabia, FIFA.COM (July 31, 2019), https://www.fifa.com/who-we- a re/news/joint-statement-by-fifa-the-afc-uefa-the-bundesliga-la liga-the-premier-league-an. 10 USTR, “2019 Review of Notorious Markets for Counterfeiting a nd Pira cy,” https://ustr.gov/sites/default/files/2019_Review_of_Notorious_Markets_for_Counterfeiting_and_Piracy.pdf.

was confirmed by the recent WTO Panel Report in Saudi Arabia – Measures concerning the Protection of Intellectual Property Rights, in which the WTO panel found that Saudi Arabia had violated multiple obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), by “preventing beIN from obtaining Saudi legal counsel to enforce its IP rights through civil enforcement procedures before Saudi courts and tribunals” and by failing to “provide[] for criminal procedures and penalties to be applied to beoutQ despite the evidence establishing prima facie that beoutQ is operated by individuals or entities under the jurisdiction of Saudi Arabia.”11

Thus, based on our experience dealing with Saudi Arabia in the context of the beoutQ piracy, beIN understands that it would be unable to obtain relief from pirate operators in Saudi Arabia, such as EVDTV.

beIN and Miramax request that EVDTV be added to USTR’s Notorious Markets List.

II. Localized Pirates

Localized forms of piracy also pose a threat to subscription broadcasters, such as beIN, as well as to film and television content owners, such as Miramax. For example, in some countries in the MENA region (i.e., Iraq, Libya, Algeria, Sudan, Yemen, and Syria), pirates illegally re-broadcast beIN’s channels from terrestrial broadcast towers within a particular city or region. This type of localized piracy is widespread within these countries. The pirates encrypt the broadcasts (as a legitimate broadcaster might do), and then sell subscriptions to their pirate service through local distribution networks.

In addition to localized terrestrial broadcasting piracy, there are also localized IP networks. These services provide local customers with internet access, and may also include access to television content over their IP network as part of their consumer offer. These are closed networks, available only to customers of the company, and cannot be otherwise received or monitored. Pirate IP networks are prevalent in Iraq, and in particular, the Kurdish region of Northern Iraq, where there is good internet capacity. Within Iraq, there are some eight million subscribers to localized pirate networks, encompassing both terrestrial broadcasting and localized IP networks.

beIN has sent legal cease and desist letters to, and undertaken technical anti-piracy actions against, some of the larger localized pirate network operators. However, the services have not been deterred. Given the lack of legal enforcement options in the affected territories, these regions remain largely unchecked markets for piracy. beIN and Miramax request that the following notable infringers in this area be added to the Notorious Markets List: (i) Earthlink and Shabakaty (Iraq); (ii) Chaloos, Mediastar, Forever IPTV, and Livedream (Iraq); (iii) iStar (Iraq); and (iv) SATCON (Gabon).

11 WTO Panel Report, Saudi Arabia – Measures concerning the Protection of Intellectual Property Rights (circulated June 16, 2020) (currently on appeal), para. 8.1(b).

A. Earthlink and Shabakaty

Earthlink is Iraq’s largest internet service provider (“ISP”), and provides residential internet, data centers, ICT, and managed services to businesses and state and local governments across Iraq. In addition, Earthlink operates a local pirate IPTV service known as Shabakaty. Shabakaty is believed to have around 500,000 subscribers in Iraq, with 165,000 subscribers in Baghdad and 100,000 in Basra. Shabakaty provides access to a bundle of pirated television channels, including beIN, OSN, and Sky channels, inter alia. Shabakaty also has an on-demand service that offers illegal access to Netflix content and other movies and series owned by major U.S. and international right holders, including Miramax, Disney, Fox, HBO, Paramount Pictures, Sony Pictures, Universal Pictures, and Warner Bros. The Shabakaty service is available on a set-top box, a mobile app (OTT), and on a website. It can be accessed only from within Iraq. Subscriptions are priced at approximately $8 per month. It is estimated that this piracy generates the company around $50 million per year in revenue. Recent reports indicate that at least the web-based and the OTT Shabakaty content may be offered free of charge.

Shabakaty offers three services: Shabakaty TV, Shabakaty Cinema, and Shabakaty Share, as shown in the screenshot below.

We understand that Earthlink makes the Shabakaty streaming service available for free to anyone within Iraq who can access the service via web browser, effectively giving away exclusive beIN and Miramax content as a promotion for their internet service. For example, on September 23, 2020, Shabakaty streamed beIN’s broadcast of game 4 of the conference finals between the Boston Celtics and Miami Heat:

Shabakaty also provides unauthorized access to Miramax content, including films such as Pulp Fiction and No Country for Old Men, among many others:

Examples of pirated beIN and Miramax content available on, and being shown on, the Shabakaty website (including US content) are provided at Appendix I.

Earthlink is owned by three Iraqi brothers – Sarmad Hassan Ahmed, Ahmed Hassan Ahmed, and Sadeer Hassan Ahmed. Earthlink is also registered in the UAE, where the Ahmed brothers appear to be based and run their operations. Earthlink boasts partnerships with several telecommunications regulatory bodies in Iraq.

beIN has sent cease and desist letters to Earthlink with no results. Given the systematic deficiencies in law enforcement in Iraq, there appears to be little, if any, prospect for meaningful enforcement action. beIN and Miramax consider that pursuing these operators in a civil action would be fruitless.

beIN and Miramax request that Earthlink and Shabakaty be added to the Notorious Markets List.

B. Chaloos, Mediastar, Forever IPTV, and Livedream

The Chaloos company, which is based in Erbil, Iraq, is a major source of piracy, including, in particular, piracy of beIN and Miramax content. Chaloos has been linked to several piracy operations, including Mediastar (a supplier of pirate TV receivers and a major “source” of IPTV pirate streams), Forever IPTV (a wholesaler of pirate IPTV channels into international markets), and Livedream (an operator of a local network in Northern Iraq, providing unauthorized access to beIN, OSN, Discovery, BBC, and other channels).

Mediastar (mediastar.co), which is owned by Chaloos and based out of Northern Iraq, operates shops that sell household appliances and “Mediastar” branded receivers across Iraq. Mediastar receivers, which are manufactured by Aloys (South Korea), enable IPTV and control word sharing piracy.

Mediastar receivers provide access to pirated beIN content. For example, the below screenshot shows a pirated beIN broadcast of the 2020 NBA Finals between Miami Heat and the Los Angeles Lakers, made available through a Mediastar-branded receiver:

Mediastar receivers also provided unauthorized access to beIN’s broadcast of the Indycar Series, Harvest GP 2020:

Mediastar has been identified as a “source” IPTV pirate. That is, Mediastar serves as the source of streams that are illegally re-streamed across multiple pirate IPTV services, online content sharing platforms, and streaming websites.

For more than a year, beIN has analyzed the incidence of pirate logos appearing on pirated beIN channels across a representative sample of pirate subscription IPTV services. More than one quarter (between 25% to 30%) of all pirated beIN channels were overlaid with the M/S logo (depicted immediately below). beIN understands that the M/S logo is used by Mediastar to “brand” its streams. Thus, Mediastar is likely the largest supplier of pirated beIN channels into the MENA region and international markets.

M/S Pirate Logo

Pirate logos are usually placed in close proximity to beIN’s own channel logo, or in a corner of the image. The placement of the logo suggests that this is a type of branding used by the pirates. It appears that logos may be used as a way to build a reputation with respect to the quality and reliability of particular pirate streaming sources, and for the suppliers of these streams to identify the services on which they are restreamed for purposes of tracking revenue due to them.

Forever IPTV, another pirate with links to Mediastar and Chaloos, is a wholesaler of pirate IPTV channels that offers to supply pirated channels to IPTV resellers. Forever IPTV provides access to thousands of on-demand movies and television shows, including content owned by Miramax.

Investigations clearly link Forever IPTV to Mediastar, and analysis of the logos on pirated channels supplied through Forever IPTV further evidence its link to Mediastar and Chaloos. For example, Mediastar advertises Forever IPTV on its website (depicted above) and on its Facebook page (depicted below), claiming that Forever provides access to over 5,000 live channels:

Finally, Chaloos also operates Livedream, which is a local pirate network that provides terrestrial channels in Northern Iraq, pirating beIN channels, among others. Livedream also provides access to video-on-demand (“VOD”) content, including Miramax content. The below screenshots from the Livedream website advertise access to beIN and OSN channels, and show Livedream’s reach in Iraq.

beIN and Miramax respectfully request that Chaloos, Mediastar, Forever IPTV, and Livedream be added to the Notorious Markets List.

C. iStar

beIN investigations have revealed that iStar Media (“iStar”) is an Iraqi pirate operating out of Erbil as a rival to Mediastar. We understand that iStar distributes receivers enabled for satellite and IPTV piracy, and operates a localized piracy network. On its website (screenshot immediately below), iStar claims to be the “largest Digital TV Reception equipment manufacturer in Iraq.”

iStar sells iStar-branded receivers that come with a 12 month subscription to the pirate IPTV app “Online TV.” This service provides access to pirated television channels, including beIN channels, as well as pirated VOD content, including Miramax content. iStar receivers also provide access to IPTV services such as Zeed Gold, which in turn provide access to VOD content.12 Within the Online TV app, the beIN logo on beIN channels is often covered with an “Online TV” logo, as shown below.

12 See https://www.istaruscanada.com/products/istar-code.

The below screenshot shows a pirated beIN broadcast of the 2020 NBA Finals between Miami Heat and the Los Angeles Lakers, made available through an i-Star-branded receiver:

To take another example, i-Star receivers have also provided unauthorized access to beIN’s recent broadcast of the Indycar Series, Harvest GP 2020:

iStar-branded receivers are widely sold across Europe and the United States. Pirated streams of beIN channels with the “Online TV” logo have also been seen on many other pirate IPTV services and websites (similar to Mediastar). iStar websites include www.iistar-korea.eu and www.istar-hd.com. iStar also has a US-focused reseller website, www.istarus.com, as well as a general reseller website, online-tv.codes. beIN and Miramax request that iStar be added to the Notorious Markets List.

D. SATCON

Satellite Connexion (“SATCON”) is a digital terrestrial television (“DTT”) operator headquartered in Libreville, Gabon. With almost 50,000 subscribers, SATCON is one of the main media players in Gabon. SATCON broadcasts beIN and many other channels without authorization. For example, on November 6, 2020, SATCON illegally broadcast beIN’s coverage of the Udinese vs. Milan football match, as shown in the image below, which includes a SATCON set-top box:

SATCON has a long record of broadcasting illegal content. Several court orders and administrative decisions have condemned SATCON, ordering it to suspend the broadcasting of programmes and to pay penalties.13 However, despite these actions, SATCON continues to broadcast illegally-obtained sports content.

SATCON also broadcasts pirated beIN channels in Liberia. Further, we understand that SATCON is now broadcasting a pirated version of the National Geographic Abu Dhabi channel.

III. Streaming Websites

Thousands of easily accessible websites make available pirated internet streams of live sports broadcasting. As pirates can operate anonymously online, it is difficult to determine their identity and take legal action against them. beIN has sought court orders requiring that ISPs and social media companies that provide hosting services to pirate websites disclose the identity of their customers. These efforts have been costly, and often result in disclosure of false information and failure to properly identify the customer. In cases where the operator of the website can be identified, it is common for that operator to be located in jurisdictions where legal action would be difficult, if not impossible, to pursue.

With respect to streaming websites, beIN and Miramax respectfully request that the following notable infringers be added to the Notorious Markets List: (i) As-goal; (ii) beIN Match; (iii)

13 See https://www.gabonreview.com/audiovisuel-satcon-somme-de-ne-plus-diffuser-les-chaines-du-groupe- m6/#:~:text=Satcon%20a%20donc%20jusqu'au,de%20piratage%20des%20programmes%20t%C3%A9l%C3%A9vi s%C3%A9s. (last accessed Nov. 6, 2020).

LiveHD7; (iv) Kora-live.tv; (v) kora-online.tv; (vi) Kora Star; (vii) Yalla Shoot; and (viii) additional streaming websites listed in Section H below.

A. As-goal

As-goal (as-goal.com, as-goal.site, as-goal.tv) is a network of websites operated from Jeddah, Saudi Arabia, that provides access to pirated sports content, including beIN programming. As- goal.com is the main landing page, and it shows news and match schedules, as shown in the screenshot below:

The match list also provides links to live matches hosted on sportyes.live and yalla.sportyes.live. The below screenshot depicts a pirated stream of beIN’s live coverage of the Champion’s League match between Manchester United and Basaksehir on November 4, 2020, hosted on yalla.sportyes.live:

As-goal.com also provides hyperlinks to as-goal.site. As-goal.site, in turn, shows live matches and match highlights in an embedded player.

As-goal.tv provides links to beIN live 24/7 channels as depicted in the screenshot below:

As-goal.com draws in over 3 million visitors per month, with the largest number from Saudi Arabia.14 It has rapidly become the 184th most popular website in Saudi Arabia, and the 229th most popular in the world for soccer streaming. 15

14 See https://www.similarweb.com/website/as-goal.com/ (last accessed Oct. 29, 2020).

15 See https://www.similarweb.com/website/as-goal.com/ (last accessed Oct. 29, 2020).

It is believed that the operator of the three As-goal websites lives in Jeddah, Saudi Arabia, and that the initials of his alias, AS, are the inspiration for the name of as-goal.com/.site/.tv.

beIN and Miramax request that As-goal and its affiliated websites be added to the Notorious Markets List.

B. beIN Match

beIN Match (beinmatch.com, beinmatch.tv, beinmatch.vip) is a streaming website believed to be operating from Morocco. It is one of the most popular streaming websites in the MENA region and in France. In February 2020 (just before the cessation of live sports due to the Covid-19 pandemic), beinmatch.tv had an Alexa ranking of 359 in the Middle East and 1,086 in France, and beinmatch.com had an Alexa ranking of 2,113 in the Middle East and 4,141 in France. Its high rankings for viewership in both markets demonstrate the global nature of the markets in which the website operates. However, these rankings likely understate the impact and size of the audience for these services. For instance, many of the websites, such as beIN Match, operate from multiple domain names (beinmatch.com, beinmatch.tv, and beinmatch.vip), such that their audiences should be combined. beIN estimates that beIN Match sites received approximately 6 million visits in the three months prior to the suspension of live sports in March 2019 due to the Covid-19 pandemic. In September 2020 alone, beIN Match sites received over 3 million visits, with 31,000 on beinmatch.com,16 1.29 million on beinmatch.tv,17 and 1.48 million on beinmatch.vip.18

Between June 2019 and May 2020, including during the period in which live sports broadcasting ceased due to the Covid-19 pandemic, beIN found that at least 260 live football games, to which beIN has the exclusive broadcast rights, had been illegally streamed live on beIN Match. The below screenshot depicts a beIN Match pirated stream of beIN’s live coverage of the Champion’s League match between Manchester United and Basaksehir on November 4, 2020:

16 See https://www.similarweb.com/website/beinmatch.com/#overview (last accessed Nov. 3, 2020).

17 See https://www.similarweb.com/website/beinmatch.tv/ (last accessed Nov. 3, 2020).

18 See https://www.similarweb.com/website/beinmatch.vip/ (last accessed Nov. 3, 2020).

beIN and Miramax request that beIN Match and its affiliated websites be added to the Notorious Markets List.

C. LiveHD7

As noted in beIN’s 2020 Special 301 submission, LiveHD7 (livehd7.com, livehd7.site) is a Saudi- owned pirate operation that has become increasingly popular in Saudi Arabia and Egypt.19 LiveHD7 publishes live streaming links on various online services, including websites, social media platforms, WhatsApp groups, and the messaging app, Telegram (discussed in Section V.A below). These links are specific to the event streamed and typically become defunct after the event. Examples of such links (now defunct and possible malware hosts) have included: www.kad72.com; www.amr654.live; www.hna325.life; and www.reya9.site. LiveHD7 generates advertising revenues by embedding ads in the pirated streams available on its temporary streaming websites.

The below screenshots show, respectively, the LiveHD7 landing page, with match schedules on the right hand side, and a pirated stream of beIN’s live coverage of the Champion’s League match between Manchester United and Basaksehir on November 4, 2020, accessed from the LiveHD7 website:

19 Submission by beIN Media Group, LLC and Miramax, LLC for the 2020 Special 301 Review, p. 9, available at https://beta.regulations.gov/comment/USTR-2019-0023-0027.

Note that the player on rad237.com (depicted immediately above) can be maximized for viewers to see the pirated stream on a full screen.

In the three month period prior to the suspension of live games due to the Covid-19 pandemic, LiveHD7 received 2.9 million visits to its website. In August 2020 alone, LiveHD7 received 2.8

million visits to its website. 20 Most of the site’s visitors are from Saudi Arabia.21 LiveHD7 had close to 2 million followers on Twitter and 320,000 followers on Facebook, before the accounts were suspended as a result of complaints by beIN. Since suspension, the pirate service has begun to favour WhatsApp and Telegram as the means to distribute pirated content, and has an estimated 60,000 subscribers in each service.

Based on beIN’s previous experience with operators in Saudi Arabia, described above in Section I.D, beIN does not believe that it can obtain relief in Saudi courts or administrative tribunals against LiveHD7’s piracy, nor does beIN anticipate that Saudi Arabia will initiate any criminal action. This understanding was supported by the findings of the WTO Panel Report in Saudi Arabia – Measures concerning the Protection of Intellectual Property Rights.

beIN and Miramax request that LiveHD7 be added to the Notorious Markets List.

D. Kora-live.tv

A large number of pirate streaming websites use the name “Koora” – which means “ball” in Arabic and is generally used to refer to football (soccer) – in different forms. Kora-live.tv is a popular pirate streaming website that provides access to pirated streams of football (soccer) match broadcasts from beIN and other broadcasters. Kora-live.tv provides match schedules, as depicted in the below screenshot:

20 See https://www.similarweb.com/website/livehd7.com/#overview (last visited Oct. 29, 2020).

21 See https://www.similarweb.com/website/livehd7.com/#overview (last visited Oct. 29, 2020).

The site also live-streams beIN match broadcasts, as shown in the examples below:

Between June 2019 and May 2020, including during the period in which live sports broadcasting ceased due to the Covid-19 pandemic, beIN found that at least 351 football games, to which beIN has the exclusive broadcast rights, had been illegally broadcast on kora-live.tv.

In the three month period prior to the suspension of live games due to the Covid-19 pandemic, kora-live.tv received 25 million visits to its website. beIN’s investigation indicates that kora-live.tv is operated from Morocco. beIN and Miramax request that kora-live.tv be added to the Notorious Markets List.

E. Kora-online.tv

Kora-online.tv is another, very popular, pirate streaming website, providing match schedules and pirated streams of football match broadcasts from beIN and other operators, as depicted in the below screenshots:

Between June 2019 and May 2020, including during the period in which live sports broadcasting ceased due to the Covid-19 pandemic, beIN found that at least 300 football games, to which beIN has the exclusive broadcast rights, had been illegally broadcast on kora-online.tv. In September 2020 alone, kora-online.tv received almost 5 million visits, mostly from users in Egypt. 22

In the three month period prior to the suspension of live games due to the Covid-19 pandemic, kora-online.tv received 12.9 million visits to its website.

beIN’s investigation indicates that the site is operated from Egypt.

beIN and Miramax request that kora-online.tv be added to the Notorious Markets List.

F. Kora Star

Kora Star (kora-star.tv, a.kora-star.tv) is another popular pirate streaming website, providing match schedules and pirated streams of football match broadcasts from beIN and other operators, as shown in the screenshots below:

22 See https://www.similarweb.com/website/kora-online.tv/ (last accessed Oct. 29, 2020).

Between June 2019 and May 2020, including during the period in which live sports broadcasting ceased due to the Covid-19 pandemic, beIN found that at least 170 football games, to which beIN has the exclusive broadcast rights, had been illegally broadcast on kora-star.tv. In the three month period prior to the suspension of live games due to the Covid-19 pandemic, kora-star.tv received 9.7 million visits to its website. In August 2020, the site received 4.45 million visits and in September, received 3.93 million.23 beIN’s investigation indicates that the site is operated from Egypt. beIN and Miramax request that Kora Star (kora-star.tv, a.kora-star.tv) be added to the Notorious Markets List.

G. Yalla Shoot

Yalla Shoot (yalla-shoot-new.com) is another streaming website that offers match schedules and pirated streams of broadcasts from beIN and other operators, as shown in the below screenshots.

23 See https://www.similarweb.com/website/kora-star.tv/ (last accessed Nov. 2, 2020).

In the three month period prior to the suspension of live games due to the Covid-19 pandemic, Yalla Shoot’s site received approximately 7.6 million hits. Between June 2019 and May 2020, including during the period in which live sports broadcasting ceased due to the Covid-19 pandemic, beIN found that at least 170 live football games, to which beIN has the exclusive broadcast rights, had been illegally streamed on Yalla Shoot’s site. In September, 2020, Yalla Shoot received over 3.5 million visits, mostly from Egypt.24

24 See https://www.similarweb.com/website/yalla-shoot-new.com/ (last accessed Oct. 29, 2020).

beIN and Miramax request that Yalla Shoot be added to the Notorious Markets List.

H. Additional Streaming Websites

In addition, numerous other streaming websites provide unauthorized access to content over which beIN holds exclusive broadcasting rights in the MENA region. Additional, egregious examples, are listed in the table below.

Domain Visitors Per Month Type of Content Operates From (Sept. 2020, Similar.web.com) Kingfoot.tv 150,000 Sports: Soccer Tunisia Coolkora.com 160,000 Sports: Soccer Egypt Kooragoal.com 3,350,000 Sports: Soccer Egypt Kooora2day.com 790,000 Sports: Soccer Morocco Fel3arda.com 630,000 Sports: Soccer Egypt Kooora365.com 2,200,000 Sports: Soccer Gaza kooora4live.tv 3,450,000 Sports: Soccer Jordan

beIN and Miramax respectfully request that Kingfoot.tv, Coolkora.com, Kooragoal.com, Kooora2day.com, Fel3arda.com, Kooora365.com, and kooora4live.tv also be added to the Notorious Markets List.

IV. E-Commerce Platforms

To try to stem the tide of pirate IPTV apps providing access to beIN channels without beIN’s authorization, beIN conducts an intensive program to monitor, and request the takedown of, products and services offered by pirate IPTV sellers on major online marketplaces popular in beIN’s broadcast territories around the world. This enforcement program seeks to identify sellers who offer IPTV devices pre-loaded with pirate apps, as well as subscriptions to pirate IPTV services. beIN experiences varying levels of compliance from the different online marketplaces. While one measure of success is compliance with takedown requests, another indicator of success is a decrease in the overall number of offers for pirate services and devices being detected on an ongoing basis. Even where there are successful takedowns, a high volume of existing offers for pirate services and devices indicates high availability and “churn,” despite takedown notices. The most important factor in limiting piracy in this context is the proactive measures taken by the platform itself, such as preventing vendors from listing particular key words, and imposing stringent repeat infringer policies that can be implemented to help reduce the availability of these marketplaces for pirates.

As explained in greater detail below, Haraj – based in Saudi Arabia and predominantly selling to Saudi consumers – is among the most problematic online market places that help generate advertising revenue for pirate IPTV services and lack effective takedown processes. The volume of illicit content advertised and sold on Haraj is highly problematic. We request that Haraj be added to the Notorious Markets List.

A. Haraj

Haraj (haraj.com.sa), which is based in Saudi Arabia, is one of the largest e-commerce platforms in the MENA region. The platform carries a wide variety of classifieds advertisements. It is similar to eBay, in that it does not directly sell goods but provides the interface between buyers and sellers. Haraj has over 20 million monthly visitors and currently ranks as the 10th most popular website in Saudi Arabia and the 15th most popular e-commerce site in the world. 25 According to its LinkedIn page, “Haraj is the leading company in E-Commerce in Saudi Arabia” and “receives over half a million daily visitors.” 26 beIN investigations have revealed that Haraj has become a massive online market for pirate IPTV devices and subscriptions, and is frequently used to facilitate the distribution of pirated and counterfeit material. In particular, since the cessation of beoutQ’s piracy operations in August 2019, there has been a marked increase in offers for pirate TV services on Haraj, suggesting that there has been an increase in both demand and supply of alternative pirate services to access sports content (see Figure 1 below).

Figure 1: Increased Reports of Offers for Piracy Services, Devices, and Content

Among the copious advertisements for devices and subscriptions providing access to pirated content are advertisements for services or software downloads that allow beoutQ boxes to access pirated content (e.g., through IPTV applications); advertisements for other set-top boxes that are equipped with IPTV apps and enable or promote unauthorized access to beIN, Miramax, and other content; and advertisements for subscriptions to Saudi-based IPTV app EVDTV. beIN has provided, at Appendix II (English translation) and Appendix III (Arabic original), fifteen examples of such advertisements, compiled in October 2020, and summarized in Table 1 below.

25 See https://www.similarweb.com/website/haraj.com.sa/.

26 Haraj, LinkedIn, available at https://www.linkedin.com/company/haraj/about/.

Table 1: Examples of Advertisements for Piracy Devices, Software, Apps, and Subscriptions

Advertisements for services or software downloads that allow beoutQ boxes to access pirated content (e.g., through IPTV applications)

Advertisement 1 Advertising a “Beout receiver” with a one-year IPTV subscription, providing access to pirated beIN and other content. The advertisement shows images of beIN channels that are accessible on the device, and also shows a screenshot of a football (soccer) match shown on beIN. The location is listed as Riyadh.

Advertisement 2 Advertising a beoutQ device that provides working access to multiple IPTV apps, including EVDTV. Other IPTV apps, including iStar, are also shown in the provided images.

Advertisement 3 Advertising working beoutQ boxes (listed as “Beout Q” or “B-Q” receivers) that allow users to download IPTV applications. The seller offers the devices without a subscription for 250 riyals, with a 6-month EVDTV subscription for 350 riyals, and with a 1 year EVDTV subscription for 450 riyals. The listing notes that EVDTV “contains almost 6500 channels with different and varied channel packages.”

Advertisement 4 Advertising a “modified software download” for “beout devices” that includes IPTV applications and has the ability to access beIN Sports channels. The listed contact phone number has a +966 area code, which is the international code for Saudi Arabia.

Advertisement 5 Advertising an “amendment to the Beoutq device” that appears to provide access to IPTV applications as well as to “two hacked netflix programs that do not need an account,” inter alia. The images provided include images of beIN, suggesting that beIN would be accessible following the “amendment.” The location is listed as Makkah.

Advertisement 6 Advertising a service by which the seller would “transfer” the “Beout receiver to Android or any Android TV Box receiver” and install movie applications and encrypted channels without need for a subscription. The listing advertises beIN SPORTS channels, inter alia, and provides images of pirated beIN content. The listed contact phone number has a +966 area code, which is the international code for Saudi Arabia.

Advertisements for subscriptions to IPTV apps or other set-top boxes that are equipped with IPTV apps and enable or promote unauthorized access to beIN and other content

Advertisement 7 Advertising a subscription to an IPTV app, IPTV Cobra, that allows access to beIN Sports and many other channels, as well as a “Netflix

package.” According to the listing, the app provides access to more than 10,000 channels in addition to a film library. The location is listed as Makkah.

Advertisement 8 Advertising an Android receiver “H96 MINE home entertainment device” and indicating that the “subscription that works with the device” broadcasts 6,000 channels and provides access to “a wide and distinctive range of films and series.” The description also indicates that accessible channels include “BEIN HD sports,” among many others. Further, the listing indicates that “[t]here is also a library of Arabic, foreign and Indian movies and series translated and updated over 10,000 series and movies.” The images provided with the listing include “TV renbow,” “iSTAR international,” and other logos for IPTV applications.

Advertisement 9 Advertising a “Max 96” IPTV receiver that provides access to “[a]ll sports, Arab and international channels” as well as “all movies from Netflix and Apple TV etc” through an existing subscription to TV Pablo and Rambow. The images provided with the listing include a screenshot showing icons for beIN channels 1-8, suggesting that the receiver provides access to these channels, inter alia.

Advertisement 10 Advertising an H96 mini receiver with a free subscription to “istar pro Platinum package,” which provides access to more than 7,500 channels for 12 months, as well as “[a] wide and distinctive collection of films and series.” The listing includes, among a list of channels made available, “BEIN HD sports.” According to the listing, the device is available for “[f]ree delivery inside Jeddah only and express delivery to all regions of the Kingdom.” The listing includes images of films available through the pirate service, including Miramax films Bad Santa and Bad Santa 2.

Advertisement 11 Advertising H96 mini Android receivers with a free subscription to “istar pro Platinium package,” providing access to more than 6,500 channels for 12 months as well as a “wide and distinctive collection of movies and series.” The listing also identifies “BEIN HD sports” as among the channels available on the device and includes a screenshot showing various beIN channel options. In addition, the listing includes an image advertising “NETFLIX 10 Channels.”

Advertisement 12 Advertising a T95 receiver, preloaded with IPTV apps, available with 1- year subscriptions to Mobara TV and iStar. According to the listing, the device allows access to beIN channels (among others). The listing includes screenshots showing beIN channels, and provides specific delivery prices for each region of Saudi Arabia.

Advertisement 13 Advertising IPTV receivers and subscriptions that operate “all world channels,” with “BEIN HD sports and movies channels” listed as offerings, among many others. The listing also includes multiple images of the beIN logo. The location is listed as Riyadh, and the contact number provided is a Saudi number (beginning with area code +966).

Advertisements for subscriptions to Saudi IPTV app EVDTV

Advertisement 14 Advertising an EVDTV subscription that provides access to more than 7,100 channels, including beIN sports channels, Fox HD, Sky, and “Netflix channels,” among many others. The listing also contains images showing the live TV options on EVDTV, including “BeIN Entertainment” and “BeIN Sports.” Another image includes the beIN logo. The contact number provided is a Saudi number (beginning with area code +966).

Advertisement 15 Advertising an EVDTV plus subscription supporting “more than 7300 4k/FHS/HD/SD channels, the most important of which is encrypted bein sport 4k.” The location is listed as Riyadh and prices are in riyals.

Haraj has not taken steps to address the fact that its platform has become a favored online market for the advertisement and sale of pirate devices, subscriptions, applications, and software. beIN has been able to easily identify advertisements for illicit content by using basic search terms, such as “beIN,” “beoutQ,” and “EVDTV.” Indeed, use of “beoutQ” as a search term on Haraj often generates results for various other pirate IPTV devices offered on the site. Haraj could just as – if not more – easily identify and take down such advertisements, but Haraj does not do so. Instead, Haraj permits its users to promote other pirates as a substitute for beoutQ, at a time when piracy is effectively the only way for Saudis to watch sports content.

Based on beIN’s previous experience with operators in Saudi Arabia, described in Section I.D above, beIN does not believe that it can obtain relief in Saudi courts or administrative tribunals against Haraj for its facilitation of piracy, nor does beIN anticipate that Saudi Arabia would initiate any criminal action.

beIN and Miramax respectfully request that Haraj be added to the Notorious Markets List.

V. Social Media and Messaging Platforms

Messaging services are becoming a significant and pernicious medium for the facilitation of piracy. There can be an overlap between social messaging services and online content sharing services, where the social messaging services allow large groups of users to share video material. A number of particularly problematic social media messaging services, including in particular Telegram, have emerged.

For the reasons set forth below, we request that Telegram be added to the Notorious Markets List.

A. Telegram

Telegram (telegram.com, t.me) is a social messaging service that allows users to communicate with one another via text and voice messaging, and to create channels to distribute content to members of a particular channel. Piracy has become a major problem on Telegram – which has 400 million users worldwide – due to the ease of use and anonymity it offers to those engaging in piracy. In particular, Telegram is increasingly used to provide access to infringing copyright- protected content through specific channels and posts.

According to press reports, Telegram “is riddled with thousands of groups and channels whose sole purpose of existence is to share illegally copied movies, music albums, apps, and other content.”27 Many such channels have more than 100,000 members, and users may, inter alia, download pirated content directly to their own devices.28

Pirates are using the service in three primary ways:

First, Telegram allows pirates to run private closed Telegram groups, which are used by pirate IPTV operators to promote their services and facilitate customer service inquiries. Within the private groups, the group creators share links to pirate internet streams, including those posted on online content sharing platforms. It is common for these groups to have hundreds of thousands of members. In order to monitor these groups, it is necessary to be admitted as a member. This is problematic, because operators of such groups take steps to exclude content owners from joining the groups in order to prevent those content owners from monitoring the pirates’ illicit activities. beIN believes that this means of sharing pirated material now forms a substantial market for streaming piracy. For example, beIN’s investigations show that the operators of EVDTV and LiveHD7 (discussed above) are active on Telegram, and may use Telegram to further distribution of pirated content.

Second, Telegram allows pirates to share m3u playlists, which enable pirated live TV channels to be viewed in media players and apps. These open groups are easy to find, advertised on the open internet or over social media platforms, and provide a way of advertising illicit content to consumers without the costs or risks associated with operating a website.

Third, Telegram enables pirate IPTV operators to share clips of pirated TV content.

Telegram purports to have a Digital Millennium Copyright Act (“DMCA”)-compliant takedown policy, but, in practice, does not adequately respond to takedown notices, and has no transparent processes in place for curtailing piracy. In our experience, it has been much more difficult to

27 Manish Singh, Telegram is the Hot New Source for Pirated Content, The Outline (Apr. 12, 2018), https://theoutline.com/post/4143/telegram-is-the-hot-new-source-for-illega l-downloads (last accessed Oct. 29, 2020).

28 Manish Singh, Telegram is the Hot New Source for Pirated Content, The Outline (Apr. 12, 2018), https://theoutline.com/post/4143/telegram-is-the-hot-new-source-for-illega l-downloads (last accessed Oct. 29, 2020).

remove infringing content from this platform than from other similar platforms. For example, beIN has complained about the group “King_moosa10” (https://t.me/kingmoosa10), which currently has over 2,500 subscribers and is used to share vast swaths of pirated match footage containing beIN’s trademark, to Telegram on 13 different occasions between June 8, 2020, and October 26, 2020. Telegram did not respond to many of beIN’s complaints. In some instances, Telegram responded by requesting links to individual infringing videos and deleting the infringing videos themselves. However, to beIN’s knowledge, Telegram has taken no further action against other infringing content or the group itself. Below, we include examples of infringing content made available through King_moosa10:

We understand that members of the Recording Industry Association of America (“RIAA”) have faced similar issues of non-responsiveness to takedown requests.29

Telegram Messenger has two main domain names, telegram.org and the shortened link t.me. These are both registered using GoDaddy, with the IP addresses being registered to Nikolai Durov at an address in Tortola, BVI. The Telegram mobile app is currently available for download from all major mobile app stores.

For the reasons set forth above, we respectfully request that Telegram be added to the Notorious Markets List.

VI. Conclusion and Recommendations beIN and Miramax respectfully submit that the above-listed pirates and fora for piracy should be added to USTR’s Notorious Markets List because of their highly detrimental impact on legitimate broadcasters and rights owners, including U.S. content creators and sports leagues.

Should USTR have any questions or require any further information, beIN and Miramax remain at your disposal.

29 Submission by the Recording Industry Association of America for the 2019 Out-of-Cycle Review of Notorious Ma rkets, available at https://beta.regulations.gov/comment/USTR-2019-0013-0010 (noting that “the RIAA has sent DMCA notices to Telegram containing over 18,000 instances of copyrighted recordings offered without a uthorization through these channels. Telegram claims that it forwards our notices to the channel operators who are responsible for removing the infringements listed in our notices. We have found, however, that most channel operators appear to take no action in response to our notices, with nearly all of infringements listed in our notices remaining available. Likewise, Telegram makes no apparent attempt to verify that channel operators have complied with our notices and does not seem to have any kind of repeat infringement policy”).

Yours sincerely,

beIN Media Group LLC

Miramax, LLC