ENFORCEMENT

Office of the Intellectual Property Enforcement Coordinator
(“Developers are currently submitting more than 1,000 apps
to Apple's App Store per day, according to data compiled by
Pocketgamer.biz.”), accessed from http://www.ibtimes.co.uk/
apple-app-store-growing-by-over-1000-apps-per-day-1504801.
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Norton, “How to Spot a Fake Android App” (August 18,
2014), accessed from http://community.norton.com/en/blogs/
norton-protection-blog/how-spot-fake-android-appjp.
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See, e.g., Casey, Dan, “Column: Web Entrepreneur cries foul
over purloined content,” The Roanoke Times, (November 30,
2015), accessed from http://www.roanoke.com/news/columns_
and_blogs/columns/dan_casey/column-web-entrepreneur-cries-
foul-over-purloined-content/article_f0d7b0a7-0438-5fd2-81b1-
3383c7c5d514.html.
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See, e.g., Statt, Nick, “Microsoft’s Windows app stores still
‘cesspool’ of copyright infringement,” CNET, (May 22, 2015),
accessed from http://www.cnet.com/news/microsoft-windowsapp-stores-copyright-infringement/#.
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See, e.g., Gross, Doug, “Virus found in fake Android version
of 'Angry Birds: Space',” CNN (April 12, 2012), accessed from
http://www.cnn.com/2012/04/12/tech/gaming-gadgets/angrybirds-virus-android/;
Arthur, Charles, “Android users targeted
in Angry Birds malware scam,” The Guardian (May 25, 2012),
accessed from https://www.theguardian.com/technology/2012/
may/25/android-users-angry-birds-malware (reporting that
“[n]early 1,400 UK Android smartphone users have been hit by
premium-rate phone scams . . . when they opened fake versions
of game apps including Angry Birds, Assassin's Creed and Cut
the Rope”).
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Luo, Symphony et al., “Fake Apps: Feigning Legitimacy,”
Trend Micro Research Paper, (2014), accessed from http://www.
trendmicro.com/cloud-content/us/pdfs/security-intelligence/
white-papers/wp-fake-apps.pdf. The quote regarding SDK
modification is on page 7.
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This Figure is found in Asrar, Irfan, “Will Your Next TV Manual
Ask You to Run a Scan Instead of Adjusting the Antenna?,”
Symantec Official Blog (October 12, 2011), accessed from
https://www.symantec.com/connect/blogs/will-your-next-tvmanual-ask-you-run-scan-instead-adjusting-antenna,
and is also
cited in Mills, Elinor, “Phony Netflix Android app steals account
data: Malicious app looks like real Netflix app but grabs log-in
data, says Symantec,” CNET (October 12, 2011), accessed from
http://www.cnet.com/news/phony-netflix-android-app-stealsaccount-data/,
and in Kovacs, Nadia, “How to Spot a Fake
Android App,” Norton (August 18, 2014), accessed from http://
community.norton.com/en/blogs/norton-protection-blog/howspot-fake-android-appjp.
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See, e.g., “App Store Review Guidelines,” Apple, accessed from
https://developer.apple.com/app-store/review/guidelines. Section
5 of the Guidelines establishes the framework around which Apple
will review submitted apps for compliance with applicable law.
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For example, in December 2014, Google removed from its
Play Store several infringing applications associated with the
notorious Pirate Bay website. However, the apps remained
available elsewhere, and the apps downloaded prior to the
takedown continued to function (but without updates). See de
Looper, Christian, “Google Pulls Pirate Bay Apps Citing Piracy
Concerns,” Tech Times (December 8, 2014), accessed from
http://www.techtimes.com/articles/21765/20141208/googlepulls-pirate-bay-apps-citing-piracy-concerns.htm.
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Announcing the launch of the Digital Attache Program, United
States Secretary of Commerce, Penny Pritzker, stated that,
“America’s economic growth and competitiveness depend on
our capacity to embrace digitization in the economy.” “U.S.
Secretary of Commerce Penny Pritzker Launches Digital Attache
Program to Address Trade Barriers” (March 11, 2016), accessed
from https://www.commerce.gov/news/press-releases/2016/03/
us-secretary-commerce-penny-pritzker-launches-digital-attacheprogram.
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See, e.g., Talbot, David, “Google, Sun Backing New Anti-
Malware Efforts: Harvard, Oxford researchers aim to create
Internet defensive strategies geared to consumers,” MIT
Technology Review (January 25, 2006), accessed from https://
www.technologyreview.com/s/405213/google-sun-backing-newanti-malware-effort/.
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“Bing to warn customers about the threats of fake online
pharmacies,” Bing blogs (August 6, 2015), accessed from
https://blogs.bing.com/search/2015/08/06/bing-to-warncustomers-about-the-threats-of-fake-online-pharmacies/.
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See, e.g., “2013 Joint Strategic Plan on Intellectual Property
Enforcment,” at p. 7, accessed from https://www.whitehouse.
gov/sites/default/files/omb/IPEC/2013-us-ipec-joint-strategicplan.pdf.
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See, e.g., Minaya, Ezequiel et al.,“Netflix Expands to 190
Countries,” The Wall Street Journal (January 6, 2016), accessed
from http://www.wsj.com/articles/netflix-expands-to-190-
countries-1452106429.
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The Figure is of the Popcorn Time app, which courts have
held to infringe copyright and have no legitimate purpose.
See Twentieth Century Fox Film Corp. et al. v. Sky UK Ltd.
Et al., [2015] EWHC 1082 (Ch), accessed from http://www.
bailii.org/ew/cases/EWHC/Ch/2015/1082.html (holding in
paragraph 66 that “[t]he point of Popcorn Time is to infringe
copyright. The Popcorn Time application has no legitimate
purpose”; injunction ordered). Similar court ruling have been
reported in Canada and New Zealand. See Ungerleider, Neal,
“MPAA Shuts Down Torrent Site Popcorn Time: Court rulings
in Canada and New Zealand bring down Popcorn Time and
fellow pirate site YTS.,” FastCompany (November 4, 2015),
http://www.fastcompany.com/3053227/fast-feed/mpaa-shutsdown-torrent-site-popcorn-time.
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See, e.g., U.S. Department of Commerce, Census Bureau,
“Quarterly Retail E-Commerce Sales, 2nd Quarter 2016”
(August 16, 2016), accessed from http://www.census.gov/
retail/mrts/www/data/pdf/ec_current.pdf. See also eMarketer,
“Worldwide Retail Ecommerce Sales Will Reach $1.915 Trillion
This Year” (August 22, 2016), accessed from https://www.
emarketer.com/Article/Worldwide-Retail-Ecommerce-Sales-
Will-Reach-1915-Trillion-This-Year/1014369 (citing proprietary
eMarketer estimates that “Double-digit growth [in e-commerce]
will continue through 2020, when sales will top $4 trillion”).
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See, e.g., Federal Bureau of Investigation, “Countering the
Growing Intellectual Property Theft Threat: Enhancing Ties
Between Law Enforcement and Business” (January 22, 2016),
accessed from https://www.fbi.gov/news/stories/2016/january/
countering-the-growing-intellectual-property-theft-threat/
countering-the-growing-intellectual-property-theft-threat.
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MarkMonitor, “MarkMonitor Online Barometer and Global
Consumer Shopping Habits Survey 2015” (November 2015), at
p. 4, accessed from https://www.markmonitor.com/download/
report/MarkMonitor_Online_Barometer-2015.pdf.
83
See, e.g., Carsten, Paul, “Alibaba's Singles' Day sales surge
60 percent to $14.3 billion,” Reuters (November 11, 2015),
accessed from http://www.reuters.com/article/us-alibaba-
SECTION 2
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