US Gambling Law May Cause Flouting of IP Laws
Red Flayer writes "Slate Magazine reports that the US's recent actions to clarify restrictions of on-line gambling may have some very important unintended consequences. Antigua has challenged the legitimacy of the US's partial restrictions under the WTO, claiming that the laws represent a free trade infringement. What is so significant about this is that Antigua would be fully justified (and I imagine, would get a lot of support from other nations) in ignoring the US's patent and trademark laws. Freetrade.org has a more in-depth analysis (albeit with a predetermined opinion on the topic). Pre-register now for your copy of Antiguasoft Vista."
.... but do you think the US gives a fuck about that either?
They want less of the money leaving the country and more being spent here in the country. I think it has less to do with protecting "the public" and more about protecting particular interests in the states.
:-( --- argh. Despair, I owe again.
FTFA if piracy is indeed a breeding ground for money laundering and terrorist operations...
Huh, I wasn't aware that piracy was actually used as a legitimate front for laundering money - and since it isn't a legitimate business, why not just nab the money launderers on IP infringement charges? I'm also suprised that terrorists are the ones making money by selling infringing media to support their attacks on the western world - it seems that most of the cash in piracy is the simple loss of revenue through supression of sales of new material.
Sounds like a full helping of FUD.
Is it just my observation, or are there way too many stupid people in the world?
Does our government have any constitutional right to outlaw gambling? And even if they do, doesn't the lottery exhibit gross hypocrisy?
The same can be said of prostitution and many other illegal things.
Really, our government should be protecting our rights, however trivial, unless there is an obvious, and scientifically-supported public health/safety reason to do otherwise.
A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
Yes, it is a stretch, however, anybody else see any similarities between the U.S. forbidding offshore gambling and China forbidding everything *we* think is good?
US government officials must pledge to protect a document that limits their powers to legislate these very issues. So the US government is acting in a much more criminal manor than the Chinese government.
But the problem is that the US hasn't banned internet gambling. It has only banned some internet gambling, including all internet gambling outside the USA. If all internet gambling were banned, the US could cry 'moral grounds' and the problem would go away. But since they aren't, and instead only allow US-based internet gambling...
'Sensible' is a curse word.
the us is part of the WTO, but only obeys it when it suits them. that's nothing new and good luck doing anything about it
I'll bite. This troll was amusing. You presume a lot there. It's akin to a teacher looking at a mistake a student has made and then pronouncing that student is utterly incapable of solving that problem ever again. The US has enough infantry to invade Antigua, of all places. And what nation can invade three nations and wage war against them currently ? Pretty high bar to set.
I wonder why there are making such a fuss about this
The Feds did not ban Internet gambling. They banned certain wire transfers of money.
Follow the money.
KFG
2) The act in question does not do that at all. Instead it makes it illegal for US credit card companies to send payments to Internet Gambling sites. Again, this is entirely legal for the US to do. It is not a free trade issue at all. In fact, it gives a HUGE advantage to non-US companies. Foreign Credit card companies are happy, they may break into the US market. If you get a European Credit Card, even when in the US, you may use your European Credit Card to pay gambling debts to Internet gambling sites, because the European Credit Card company is not subject to US laws.
3) The problem that Antigua is claiming is that the US does allow certain types of Internet gambling, and therefore under WTO agreements, it must allow all. The WTO has offered the US to either fully ban all internet gamblign of any kind, or to let all in. The US has not yet decided which to do. The WTO would be fine if the US banned everything.
4) The problem has NOTHING at all to do with the recently passed Act, the Antigua law suit was begun in 2003, the Act passed in 2006.
5) I think the idea that Antigua would violate patents and copyrights more than it already does is silly. The US has so many, many, ways, far short of violence to punish Antigua, such as cutting off ALL payments of any kind to any company based in Antigua, that it would stupid for Antigua to do this. Instead, they will do something smarter, like impose a Tax on US services.
excitingthingstodo.blogspot.com
It's also consistent with our status as an independent nation-state.
It's incredibly funny that the WTO is being used to abuse the sovereignty of the US. However, it is still an abuse of our right to run our affiars amongst ourselves the way we see fit. Next these jokers will tell Saudi Arabia that the Dutch should be free to export porn there.
It's NOT a violation of the notion of free trade to ban or restrict items from other countries that are ALREADY banned or restricted domestically.
The US already uses the WTO to blugeon other nations. They tend to ignore any incovenient rulings against them though. But they freely use it to threaaten others. See the soft wood lumber deal with canada.
"There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
"free trade infringement" - if it's being made illegal in general, then the same opportunities exist outside the US as do inside the US. Thus, "free trade."
Sortof like the Supreme Court case a couple years ago that said if a state allows wineries within the state to ship wine to indivual people, they have to allow other states to ship wine into the state to individual people.
Of course its a dreadful troll, but...he has one thing right. You don't own a piece of earth until you have one of your guys with a rifle standing on it. You can inflict damage up to the limits of your arsenal; nuke it into a sheet of glass if you like; but without the guy and his rifle you don't own it.
General Shinseki told Rumsfeld he needed N guys with rifles to hold Iraq. Rumsfeld said you'll do it with N/3. Guess who was right?
None of them can see the clouds; The polished wings don't care.
It's also consistent with our status as an independent nation-state.
So India would be consistent in banning US agricultural products then? Maybe you didn't know or don't recall but the WTO trade talks during the summer fell apart because the US and EU refused to stop subsidizing their agribusinesses. Because of this refusal India walked out. Indian farmers can't compete with US or EU farmers who get paid billions of dollars and Euros and then are able to sale food cheaper than it costs to grow. Indian farmers are committing suicide by the thousands because they can't compete in such a lopsided market. Basically the same is happening in Mexico because of NAFTA. Big UG agrobusinesses are able to export corn to Mexico below prices Mexican farmers can grow corn thus causing Mexicans to "illegally immigrate" to the US.
It's incredibly funny that the WTO is being used to abuse the sovereignty of the US.
And Bush violated Iraq's national sovereignty by invading Iraq and killing hundreds of thousands of Iraqis. Also it's trying to vilate many other countries sovereignty by trying to force them to accept US exports while restricting their exports to the US.
It's NOT a violation of the notion of free trade to ban or restrict items from other countries that are ALREADY banned or restricted domestically.
Not all gambling it banned, only some is.
FalconShould there be a Law?
The problems with this are regulation, taxation, and operation. You would not believe the hurdles that have to be gone through to set up a casino in the US. Any jurisdiction. Tribal casinos have the same issues as do those on "riverboats" and in Nevada.
An online casino has none of these. You can operate out of a basement somewhere. No rules, no oversight, no regulation. And, perhaps most importantly, no taxation. The rules the casinos have to follow in Las Vegas ensures two things: fair play and reporting every dime of "take" by the casino as well as every dime won by players. An offshore online casino is not going to be subject to these requirements.
Of course the "fair play" regulation is going to be waved about. As well it should. How the heck do you know anything about an online casino, anyway? Through their advertising? Player testamonials? Somehow I don't think that comes anywhere near reality.
And I doubt very much if you open the door to Internet gaming in general if you are going to be able to regulate it in any manner whatsoever. How would any government prevent some Ponzi-style operation from having a casino where everyone wins for the first couple of weeks? How long would you really need to keep it going? A month? Two? I guess it would depend on how greedy you were. I can't imagine any way of regulating such operations. And believe me, I would want to set up my very own online casino tomorrow if I could. Can't imagine a better way to bring in a lot of cash fast. Even a quasi-legitimate operation that returns 99.99% of all money bet would have incredible payoff to the operator.
"It's NOT a violation of the notion of free trade to ban or restrict items from other countries that are ALREADY banned or restricted domestically."
They banned gambling in the US? Oh, only gambling OVERSEAS. I think that is the issue.
It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
THANK YOU!
;) I don't care if someone is gay, smokes pot or pays for sex either.
This is another stupid attempt by congress to control people's lives. I don't understand how someone gambling online affects my life or my liberty.
I base my interpretation of life on pretty much one quote from Thomas Jefferson:
"But it does me no injury for my neighbor to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg."
-Thomas Jefferson, Notes on Virginia, 1782
What the hell do I care if someone gambles online? Sure there's the whole "greater good" argument but I never liked that one
"Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
Sure they do. To the best of my knowledge, every single US state permits online gambling. Residents of any state can quite legally go to an online broker and gamble on commodities or forex futures.
"The invisible and the non-existent look very much alike." -- Delos B. McKown
> Yea, And canada wasn't dumping government subsidised lumber in the US forcing mills to close shop in the 90's.
No it f'n wasn't and WTO agreed. So STFU. Imagine that, a country with a lot of trees couldn't possibly have a natural advantage. Na, they must be dumping. Nevermind the 75 cent dollar exchange advantage for the US for most of that time.
And you're surprised why the world despises the US? All high and mighty on ideals then breaks them when convenient. If you can't affort to lose on any one industry, DON'T sign free-trade deals!
> I'm wondering why anyone would buy food from the US with all the bad stuff it does.
The same reasons people still eat at McDonalds. It's cheap. Most people don't ask too many questions about the things they buy. And the ones that do find everthing else is made in China.