Earlier this month, Vietnam’s Ministry of Public Security announced it had dismantled the network behind the high-profile HiAnime piracy ring.
While the associated site already closed its doors in March, the action is vital for Vietnam since the U.S. Trade Representative (USTR) recently classified it as “Priority Foreign Country,” because of its lacking anti-piracy enforcement.
Last month, USTR formally started a Section 301 investigation which opened the door to potential trade sanctions. As part of this process, stakeholders were requested to provide input on Vietnam’s alleged shortcomings. This includes the piracy challenges and concerns, which are highlighted as the primary concern.
One of the key submissions for the USTR investigation comes from the Motion Picture Association (MPA), which represents the major Hollywood studios, Netflix and Amazon. The MPA has vast experience in the country through its anti-piracy arm ACE and assisted in local copyright enforcement efforts for years.
This cooperation resulted in the takedown of the Fmovies piracy ring, for example, and ACE also provided key intelligence for the recent HiAnime action. While the MPA is pleased with the enforcement efforts, it hasn’t been pleased with how Vietnamese courts and prosecutors deal with the matter.
MPA: ‘Mild Sentences are the Problem’
When MPA submitted its commentary the HiAnime arrests had not been announced yet. The MPA has since applauded the arrests, but its USTR filing suggests that the eventual sentences will be crucial.
Previously, the prosecutions of key defendants in the Fmovies piracy ring, dubbed the largest piracy operation ever, resulted in suspended prison sentences and relatively low fines. The same applied to the operator of the popular BestBuyIPTV service.
MPA’s SVP Global Policy and Government Affairs, Gail MacKinnon, informed the USTR that the lack of deterrent penalties in Vietnam are the main reason why online piracy remains a significant problem in the country.
“Without sentences and monetary penalties that outweigh the financial gains from copyright infringement, online piracy operations originating in Vietnam will not be sufficiently deterred,” MPA’s submission reads.
“There needs to be visible and credible consequences to effectively deter infringement and counter the perception that piracy is a low-risk, high-reward activity,” MacKinnon adds.
Copycats, Successors, and Resurgents
MPA notes that, as a result of the mild sentences, major takedowns are often only a short-lived success. Pirate brands or operations often reappear swiftly, a problem India’s High Court previously likened to a “hydra-headed” threat.
In its recommendations to the USTR, MPA urges Vietnam to make sure that such copycats and successors are also addressed properly.
“Take effective and deterrent enforcement action against the notorious piracy services identified by MPA, including timely follow-up actions against any successor, mirror, or copycat sites that emerge”
“Criminal enforcement action must be taken against the operators of these pirate syndicates to ensure that they do not resurface. Consistent enforcement is also necessary to deter the emergence of copycat
services that fill the gap left by these shutdowns.”
MPA’s recommendations
Much of the same critique is shared by International Intellectual Property Alliance (IIPA), which highlighted the same problem in their submission to the USTR’s Vietnam investigation.
The IIPA documents the same pattern in more detail, tracing a rather obvious branding shift that started in 2023, when Zoro.to was shut down by ACE, but not before it was rebranded as AniWatch. A year later, Aniwatch became HiAnime, which eventually went offline this year.
IIPA’s submission, which also predates the HiAnime crackdown announcement, also calls for tougher enforcement and deterrent sanctions.
“It is critical for responsible enforcement authorities, including the relevant police units, the MPS, and the Ministry of Culture, Sports, and Tourism (MOCST), to follow through on infringement complaints, take meaningful and effective enforcement actions, and impose deterrent sanctions against infringing websites.”
Dispatch 38
Both the MPA and IIPA acknowledge that Vietnam has started to take the piracy problem more seriously. In May, the Vietnamese government issued Official Dispatch No. 38, asking agencies nationwide to intensify IP-related enforcement efforts, including actions against piracy websites.
Dispatch 38 also requests prosecutors and courts to prioritize serious copyright cases, improve prosecution timelines, and to strengthen deterrence. The MPA separately notes that the Ministry of Public Security is drafting amendments to the Penal Code to better address high-tech crimes and cyber offenses.
Whether the recent wave of enforcement actions and policy signals will be enough to change Vietnam’s piracy image has yet to be seen. The HiAnime arrests are recent, and the planned prosecution of the site’s operators will be the first real test of whether the judicial system is ready to move along.
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The IIPA’s Section 301 comments are available here (pdf). The MPA’s filing can be found here (pdf).
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