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Anti-Piracy Groundhog Day: Recycled Arguments Plague USTR’s Notorious Markets Review
news.movim.eu / TorrentFreak • 09:36 • 5 minutes
Every year, the US Trade Representative (
USTR
) issues an updated overview of “Notorious Markets” that allegedly facilitate copyright infringement.
This review is put together based on recommendations from copyright holders and other interested stakeholders. The ultimate goal of the annual report, which was first released in 2006, is to help combat piracy.
The USTR’s report is meant to highlight economic harm and raise awareness. Ideally, it should urge the affected sites and services to take action or, alternatively, motivate foreign governments to step up.
“In the absence of good faith efforts, responsible government authorities should investigate reports of piracy and counterfeiting in these and similar markets and pursue appropriate action against such markets and their owners and operators,” USTR wrote in its most recent report.
Unfazed Pirate Sites
Ideally, the USTR’s review should help to find solutions for existing concerns. However, after covering the submissions for many years, their repetitive nature stands out most. While new piracy players enter the scene occasionally, many arguments and rebuttals are repeated over and over.
While it is understandable that copyright holders see persistent piracy as a major concern, listing a website such as The Pirate Bay every year for nearly two decades raises questions of effectiveness. At this point, yet another listing seems unlikely to move the needle.

No one appears to be concerned by yet another callout. The Pirate Bay’s operators don’t seem to care, and neither do any of the other services that continue to work with the ‘notorious’ pirate site.
Therefore, we can likely expect The Pirate Bay to be listed again this year, alongside other ‘pirate’ markets that have been featured for more than a decade, including 1337x, Rutracker, Rapidgator, and others. Whether USTR’s clout will help to change the status quo is doubtful.
Accuse, Rebut, Repeat
A more problematic trend in this diplomatic process is the continued standoff between rightsholders and parties they accuse of wrongdoing, resulting in formal challenges over purported mischaracterizations of their business.
For more than a decade, copyright holders have called out U.S. infrastructure company Cloudflare in their recommendations. While the company is not seen as a notorious piracy market directly, it stands accused of helping pirate sites to shield their hosting locations.
The MPA and RIAA are among the rightsholder groups that persistently highlight Cloudflare’s involvement. Despite rebuttals from Cloudflare, the allegations have continued for many years.
In 2016, the California company responded for the first time, noting that these groups present “distorted descriptions” of the services Cloudflare provides. The company further noted that both the MPAA and RIAA use its “trusted notifier” program to obtain information on pirate sites from Cloudflare.
A year later, the process repeated itself during the next notorious markets review. Rightsholders characterized Cloudflare as a key intermediary in the piracy ecosystem, while Cloudflare rebutted their claims.
At the time, Cloudflare highlighted that the MPA and RIAA had essentially repeated the same arguments, to which the company had already provided a response.
“Most surprising is that their comments were basically the same complaints they filed in 2016 and contain the same mistakes and distortions that we pointed out in our rebuttal comments from October 2016. Simply repeating the same mischaracterizations for a second year in a row does not convert them into facts,” Cloudflare noted.
… 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025.
The same allegations were made in 2018, 2019, 2020, 2021, 2022, 2023, 2024, and in 2025, not much has changed. Both the MPA and RIAA continue to highlight Cloudflare’s role, without flagging the company as a notorious market directly.
Again, Cloudflare highlights mischaracterizations in recent submissions, while stressing that it provides rightsholders with options to identify hosting locations and the operators of alleged pirate sites.
The company claims that rightsholders are using the USTR notorious markets process as a means to exert pressure on Cloudflare to conduct enforcement beyond legal requirements, which is not what the process is intended for.
“We firmly believe that the continued use of the Notorious Markets process to pressure Cloudflare and other Internet infrastructure companies into taking actions neither expected nor required by U.S. law is both misguided and a misuse of this vital trade tool,” Cloudflare notes.

Anti-Piracy Groundhog Day
This type of back and forth, with no apparent progress, is not unique to Cloudflare. The Computer & Communications Industry Association (CCIA), which represents prominent tech firms including Google, Meta, and Amazon, finds itself in a similar loop.
More than a decade ago , CCIA was particularly concerned with the mention of domain name registrars as Notorious Markets. This later expanded to U.S. tech firms in general , after rightsholders pinpointed the role of Amazon, Facebook, Namecheap, and others in their submissions.
The CCIA states that the Notorious Markets review should not include American companies. The USTR’s Special 301 process does not target local companies, many of which already have extensive anti-piracy policies in place.
These repetitive circular arguments are not limited to U.S. companies. Polish streaming service CDA has also submitted multiple rebuttals. This service has actually been featured as a Motorious Market by the USTR, a description the company vehemently rejects.
Without going into the arguments from both sides, CDA’s most recent rebuttal illustrates the ‘groundhog day’ nature of the process.
“[I]t should be noted MPA has already submitted almost identical statements regarding cda.pl in previous years. This year’s submission of MPA is almost a copy-paste of previously rebutted claims from [2024, 2023, 2022, and 2021],” CDA’s attorney writes.
“Similar allegations have been made by MPA in the comments on the [2020, 2019, and 2018 reviews]. In response to all those letters, my client successfully and extensively rebutted MPA’s claims in letters to the Office of the U.S. Trade Representative.”

High Stakes Standoffs
This decade-long loop of accusations and rebuttals says nothing about the validity of the arguments from either side. However, it is a signal that USTR’s goal to motivate the key players to tackle piracy issues, ideally through cooperation, does not work in these instances.
The USTR does not report any legal findings in its annual reviews, and takes no direct position on the rightsholders’ arguments or their rebuttals. That said, there are also dozens of examples of sites and services shutting down after they appeared on the Notorious Markets list. Whether the Notorious Markets process facilitated those shutdowns isn’t clear, but the USTR’s involvement certainly didn’t hurt.
As Cloudflare pointed out, rightsholders can use the process to exert pressure. And as with all tools, this one can be used for good and bad. Whether that’s the case here depends on who you ask.
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A copy of Cloudflare’s rebuttal in response to the 2025 Notorious Markets review can be found here (pdf) , CDA’s letter is available here (pdf) , and CCIA’s response is here (pdf) .
From: TF , for the latest news on copyright battles, piracy and more.