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Filed via www.regulation s.gov, Docket No. USTR–2012–0011

Stanford K. McCoy, Esq. Assistant U.S. Trade Representative for Intellectual Property and Innovation Office of the U.S. Trade Representative Washington, DC 20508 Re:

RIAA Written Submission Re: 2012 Special 301 Out-of- Cycle Review of Notorious Markets: Request for Public Comments, 77 Fed. Reg. 48583 (August 14, 2012)

Dear Mr. McCoy: Please find the submiss ion of the Recording Industry Associati on of America (RIAA) in response to the federal register notice in the above-captioned matter. The Recording Industry Association of America (RIAA) is the trade organization that supports and pro motes the creative and financ ial vitality of the major music companies. Our members are the music labels that comprise the most vibrant record industry in the world. RIAA members create, manufacture and/or distribute approximate ly 85% of all legitim ate recorded music produc ed and sold in the United States. We greatly welcome this initiative designed to shine light on businesses who operate notorious markets for infringing materials, and who generally either directly profit from the sale or other distribution of infringing materials, or who profit from facilitating such theft—in many cases through the sale of advertising space. This submission identifies a broad range of online businesses involved in the distribution or making available of infringing materials, from sites dedicated to the pursuit of infringement—like the Pirate Bay, or Brazil’s De graça é mais Gostoso (in English: “Free is much better”), to sites operated by large well- funded companies that believe that it is acceptable to fuel piracy to advance their own commercial interests, like Russia’s vKontakte, Ukraine’s ex.ua, and China’s Xunlei and Sohou/Sougou. In some sense, services such as vKontakte, ex.ua, Sougou and Xunlei are the most reprehensible of actors given that they want to appear as legitimate actors, and have functions unrelated to piracy, yet operate network services that include features that intentionally and effectively induce infringement. These services deliberately gain market share by providing access to infringing materials—launching music services without any form of licensing, and have demonstrated continued resolve to engage in conduct based upon misappropriation. We urge the US Government to use all of the tools at its disposal to ensure that these services are not permitted to undermine the development of potential legitimate online markets.