VZCZCXRO1795
PP RUEHAST
DE RUEHIT #1449/01 2281316
ZNR UUUUU ZZH
P 161316Z AUG 06
FM AMCONSUL ISTANBUL
TO RUEHC/SECSTATE WASHDC PRIORITY 5651
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHDA/AMCONSUL ADANA PRIORITY 2244
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 ISTANBUL 001449 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT PLEASE PASS USTR FOR JCHOE-GROVES AND LERRION 
DEPT PLEASE PASS USPTO FOR JURBAN AND EWU 
USDOC FOR ITA/MAC/CRUSNAK 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR USTR TU
SUBJECT: MOVIE PIRACY IN TURKEY 
 
ISTANBUL 00001449  001.3 OF 002 
 
 
¶1. (SBU) Summary: We recently met with AMPEC, the Motion 
Picture Association,s subsidiary in Turkey, to discuss movie 
piracy in Turkey and the state of anti-piracy efforts. AMPEC 
views current Turkish legislation as sufficient and feels 
that its training seminars have helped highlight the problem 
for police, making security officials more cooperative. 
Well-organized gangs are the lead producers and purveyors of 
pirated movie copies, but AMPEC believes that there has been 
substantial improvement against piracy in the Turkish market. 
However, lengthy litigation and a substantial case backlog 
remain as obstacles to successful fulfillment of AMPEC,s 
anti-piracy battle. Additionally, problems related to the 
destruction of seized materials have resulted in overflowing 
warehouses, which in turn has lead to a freeze on police 
operations. End Summary. 
 
--------------------------------- 
AMPEC and Movie Piracy in Turkey 
--------------------------------- 
 
¶2. (SBU) We met on August 11 with Ms. Nilufer Sapancilar, 
general manager of the anti-piracy group AMPEC, the Turkish 
subsidiary of the Motion Picture Association. AMPEC,s 
efforts involve all forms of digital piracy, including work 
with MUYAP, a music anti-piracy group, and the Business 
Software Alliance (led by Microsoft), as well as with Sony 
for its Playstation video games. AMPEC works on two main 
fronts. On the "macro level," AMPEC lobbies Parliament and 
the responsible ministries for legislative reforms and has an 
active public relations campaign. On the "micro level" AMPEC 
is directly involved in anti-piracy efforts, setting up 
operations with the police and, after successful raids, 
tracking court cases to conclusion. 
 
¶3. (SBU) While noting that it is impossible to be certain, 
Sapancilar estimated there are at least 3 million pirated 
copies of music and movies in the Turkish market. She also 
noted sales of pirated music are becoming less prevalent as 
the Internet increasingly becomes the source for illegally 
obtained music. Pirated movie downloading is a recent 
phenomenon linked to the introduction of high-speed Internet 
and AMPEC is seeing an increase in illegal movie downloads. 
In previous years, pirated movies were imported into the 
Turkish market, but AMPEC now usually encounters domestic 
production. Pirated movie production is done through 
organized rings that are usually family or regionally-based. 
Sapancilar commented that a certain gang known to operate in 
Istanbul's Tahtakale district is from the city of Kayseri 
while another in the Kadikoy district is made up of people 
from eastern Turkey. Legal production facilities are also 
involved in illegal production, she explained, citing an 
ongoing criminal case against a legitimate factory that also 
produced illegal copies. 
 
---------------------------------------- 
No Problems with Anti-Piracy Legislation 
---------------------------------------- 
 
¶4. (SBU) When asked how she views the current anti-piracy 
legislation, Sapancilar said that the latest law, passed in 
2004, "is a good law." She added ruefully that "the best law 
was one passed in 2001, but there were problems with 
implementation, since fines were too high and judges and 
prosecutors were reluctant to punish  poor pirates.," "Now 
it's different," she added, describing the current sliding 
scale of penalties. Sellers now can get up to three months in 
jail or a 5,000 YTL fine. Producers of pirated materials 
receive a 50,000 to 150,000 YTL fine or two to four years in 
jail. Lastly, "banderole" criminals, counterfeiters who 
create the holographic stickers used to mark merchandise as 
genuine products, can be punished with up to six years in 
jail or a 250,000 YTL fine. Sapancilar noted penalties are 
adequate when applied properly. 
 
--------------------------------------------- --------------- 
Anti-Piracy Operations and Support: Solid Police Cooperation 
--------------------------------------------- --------------- 
 
¶5. (SBU) AMPEC initiates anti-piracy raids based on 
information received from their hotline or from in-house 
investigations and inspections. Once AMPEC determines that 
pirated materials are present at a location, AMPEC lawyers 
request a warrant from a judge. Armed with the warrant, AMPEC 
works with the police to organize a raid. Following a 
successful operation, criminal cases are initiated by the 
public prosecutor against the defendant. In Turkish courts, 
 
ISTANBUL 00001449  002.3 OF 002 
 
 
additional parties may petition to join the case if they feel 
that they have been harmed by the defendant. AMPEC takes 
advantage of this mechanism to aid the prosecution by 
testifying and filing complaints during the court 
proceedings. AMPEC lawyers follow cases to their conclusion, 
including through the appeals process. 
 
¶6. (SBU) Sapancilar told us that 95% of operations lead to 
criminal charges. The few that do not lead to charges are 
usually because "the pirate runs away or is not present, so a 
legal case cannot be brought against them." She noted that 
cooperation on the part of the police has improved. AMPEC 
arranges training seminars for police and municipal officials 
to teach them the current law and to train them in spotting 
pirated goods. This training has been effective, as she 
claims that there has been "an 80% drop in pirated copies in 
the market." She underscored that police are cooperative, 
judges, realities are changing, and both are seeing the 
reality of the damages of piracy. AMPEC works most frequently 
with the Istanbul Police since it feels that municipal 
authorities and market police (zabita) lack the will and 
capability to crack down on piracy. Unfortunately, many of 
the Istanbul police officers AMPEC has worked with have been 
sent elsewhere in Turkey, requiring a constant training 
effort on AMPEC,s part. The next AMPEC seminar is scheduled 
for September 5. 
 
--------------------------------------------- ----------------- 
After the Raids: Problems With Court Backlogs and Seized Goods 
--------------------------------------------- ----------------- 
 
¶7. (SBU) Despite the vast majority of raids resulting in 
criminal cases, the conviction rate is still disappointingly 
low. Sapancilar noted that prosecutions are lengthy and in 
the meantime, pirates continue with their illegal activities. 
This is a significant problem for AMPEC and a topic of 
discussion with the MPA. Sapancilar stressed that AMPEC,s 
biggest difficulties are the backlog of cases and the long 
duration of court cases. 
 
¶8. (SBU) Another problem is the difficulty AMPEC faces in 
destroying seized goods. Normally, seized goods are stored 
either in warehouses run by AMPEC or by the public 
prosecutor's office during the trial. However, even after a 
conviction is obtained, a special court decision is needed to 
destroy the pirated copies, according to Sapancilar. She 
commented that it "takes a long time to get those decisions, 
so in the meantime the warehouses are filled up and they have 
run out of space to store the seized goods." Due to the lack 
of space to store seized goods, police have temporarily 
stopped raids. 
 
------- 
Comment 
------- 
 
¶9. (SBU) AMPEC sees "implementation getting better and better 
everyday," emphasized Sapancilar. "If you had talked to me a 
year and a half ago, I would have had many more complaints, 
but things are better now and improving." Improvement does 
seem to be the message. AMPEC seminars appear to be creating 
awareness of the seriousness of the problem and a more 
cooperative police force. AMPEC views legislation as 
adequate, however the backlog of cases and the length of time 
it takes to adjudicate a case impair effective 
implementation. Additionally, the current system for 
destroying seized pirated goods is not adequate, as a lack of 
storage space makes it impossible for police to continue 
anti-piracy raids. 
SSOUDKIRK