INTELLECTUAL PROPERTY THIEVES REACT VIOLENTLY TO

UNCLAS SAN SALVADOR 000953

SIPDIS

STATE PASS USTR AND USPTO
USDOC FOR 4332/ITA/MAC/WH/MSIEGELMAN
3134/ITA/USFCS/OIO/WH/PKESHISHIAN/BARTHUR
QUITO FOR ECON - DTITUS

SENSITIVE
SIPRNET

E.O. 12958: N/A
TAGS: KIPR ECON ES CAFTA
SUBJECT: INTELLECTUAL PROPERTY THIEVES REACT VIOLENTLY TO
POLICE RAIDS

REF: SAN SALVADOR 464


1. (U) On Friday, April 7, vendors of pirated optical media
in downtown San Salvador, joined by suspected FMLN-linked
militants, launched violent protests, looting and burning
several small stores and causing damages estimated at more
than $200,000. More than four hours after the protests
began, police finally restored order in the city center,
arresting more than twenty individuals for public disorder
throughout the evening.


2. (SBU) The protests were launched in reaction to police
raids that began Wednesday, April 5, against pirated optical
media. These raids were the first made under the ex-oficio
authority granted to the police under El Salvador's new
Criminal Code, revised to meet CAFTA-DR obligations on IPR
enforcement. "Operation Cyclone," conducted with
intelligence information that Post's ICE Attache shared with
the police, netted 8,500 confiscated DVDs. The police have
made no IPR-related arrests so far, but the operation is
still ongoing. Conducted without a formal complaint from
affected IPR owners, these raids could serve as a test case
on IPR enforcement in El Salvador.


3. (SBU) The immediate spark for Friday's violent protests
was a raid police conducted Friday morning that was supposed
to target a downtown warehouse--on the way there by foot,
police confiscated infringing optical media from several
street vendors operating in the vicinity. Until then,
police had been careful to target only large-scale
distributors of stolen intellectual property, holding off on
targeting vendors until a conversion program sponsored by
the Ministry of Economy and the International Federation of
the Phonographic Industry (IFPI) was up and running
(reftel).


4. (U) The FMLN has seized on this issue, claiming that the
police overstepped their authority in targeting these
vendors and then incited the vendors-turned-protestors to
violence with aggressive policing tactics. ARENA has
responded by blaming the FMLN for encouraging and augmenting
the vendors' protests, a claim supported by previous FMLN
participation in similar but less violent protests.
Indicating his willingness to continue with IPR enforcement
efforts, Police Chief Rodrigo Avila has said about Friday's
events, "The law is the law. If you don't like it, ask your
legislators to change it."


5. (SBU) Comment: Although it was probably premature to
target street vendors, their violent reaction served to
dispel any notion that these are otherwise law-abiding
citizens looking to earn a living just like anyone else.
Post's ICE Attache will continue to work behind the scenes
with the police to support enforcement efforts, targeting
large-scale distributors and avoiding small-scale targets of
opportunity. Post will encourage Ministry of Economy to
establish a conversion program that will provide the
political cover necessary for going forward with raids
against street vendors dealing in stolen intellectual
property. Tactically, however, it makes little sense for
the police to target these mom-and-pop operations.
Meanwhile, Post will monitor the progress of any criminal
charges developed as a result of last week's raids--there
are early indications that the Prosecutor's Office is not
eager to prosecute IPR crimes as crimes against the state.
End Comment.

Barclay