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."
The U.S. banning Internet gambling is a violation of free trade agreements, but we're doing it for all the "right" reasons.
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
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?
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
Next these jokers will tell Saudi Arabia that the Dutch should be free to export porn there.
The reason Antigua won was because the US laws are not consistent. US was claiming a "moral exemption" but only transactions to offshore casinos were being regulated. Antigua's argument, which the WTO agreed with, was that if you claim the moral exemption, you have to be consistent, across the board.
If Saudi Arabia only allowed porn from Saudi websites but made Dutch porn illegal, you might have an argument. But if SA decides to ban all porn, the WTO is OK with that too.
Read the fricking article next time. Someone with such a low slashdot ID as you should know better.
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.
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?
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