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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."
You realize - if Antigua or anyone else - claims we are violating Free Trade and goes ahead with ignoring IP, we will have no choice but to assign them to the axis of evil and then invade.
Actually the article was interesting. I wondered what kind of mess the recent online gambling act would create. Oh, and I read, too, that it doesn't anywhere prohibit US firms from creating gambling sites aimed at foreign markets.
Interesting world, we live in here with the interweb...
The Kai's Semi-Updated Website Thingy
Gambling at casinos is very tightly regulated by the government.
This is true for native reservation casinos, but I'm not sure it applies to casinos within regular land. Vegas, for example, answers mostly to the Nevada gaming commission, not the feds.
Though, that said, I have to say that I personally think the real reason the government now forbids online gambling is because they don't get the tax revenue from it.
I don't think you understand how our government works. It doesn't act in the best interests of the government, per se, but in the best interests of the individuals running it. The government is happy to give away billions in subsidies if it means they get a few hundred grand donated to the party campaign fund.
If you've been following the news maybe you've heard about the recent lobbying scandal where a lobbyist who works for many different groups including a consortium of casinos was busted for bribing members of congress. Hmmm, what could those casinos be bribing members of congress to do? What is it they might want? Maybe outlawing the competition?
Conversely, if it takes a gambling issue to end "Free Trade", so be it. Any real economist will tell you TANSTAAFL. If people would quit worshiping at the altar of Free Trade, we might actually collect sufficient fees at ports of entry to inspect more than 2 percent of all the cargo that comes in to this country. And no, I'm not talking about terrorists either. Anybody ever add up the economic impact of Chestnut blight, fruit flies, zebra mussels and all the other trade-borne pests? These things never appear on the balance sheet of any Free Trade advocate. We can ammortize that cost slowly, with just enough tarrif to fund a worthwhile inspection and regulation of import/export, or we can shift that cost away from the import/export companies towards the general population, and pay the unpredictable costs of ecological disasters. I prefer the former, but nobody cares, and nobody will listen.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
From the second FA:
If the U.S. effectively outlawed the second largest industry in my country but permitted it in its own, yeah, I'd be upset, too. Remember, gambling isn't illegal in the U.S. In fact, neither is online gambling. Betting on horse racing and online gambling within a state is protected under the law that was recently passed.
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I don't think you understand how credit cards work, let alone this law. The law makes it illegal for any company with OPERATIONS in the US to faciliate payments between US citizens and gambling sites offshore. This does not mean just US companies. For instance, my HSBC (Which is a UK company) credit card is also prohibited from doing this. Technically, if a company with zero US presence were to give me a credit card, they would be allowed to do as they wished--- but without a US presence, how would they bill me?
Not quite.
Yes, the US *could* either try (1) to make imports from Antigua illegal, or (2) to try to impose tariffs on such goods.
In any case, Antigua can still sell to other countries. Also, the law or the tariff can come under judgement from the WTO again -- and, again, the US would lose.
And continue to ignore the WTO (Canada and the softwood lumber dispute -- its happened before)
Yes, the WTO may be seen as "toothless" by the US, but understand that Europe and China could simply aquire Microsoft/Disney/... goods through Antigua. These companies would be hurthing bad... and the hurting will be put back into policy. Soften up on the gambling; that's Antigua's livelyhood. Or, eliminate on-line gambling. Take your pick, US, you can't have both.
Ratboy
Just another "Cubible(sic) Joe" 2 17 3061