WTO Rules on Internet Gambling Case

doggod writes "The Associated Press reports today that the WTO has finally ruled on Antigua's complaint against the US over online gambling. The complaints stems from what Antigua sees as unfair trade practices relating to the US passage last year of a law that forbids banks from handling money to and from online casinos. The amount they awarded is significantly less than Antigua asked for. If you download a copyrighted song from a server in Antigua, will that be an ironclad defense that will make you invulnerable to future attacks from the RIAA?"

Comments

nahhh

[superwiz]

It's a token victory. It just means that that if they do sell mp3 without paying royalties, US won't be able to use WTO to impose sanctions on them. But US doesn't need WTO to impose sanctions. It can just do it. I am not a lawyer.

Re:nahhh

[meringuoid]

It's a token victory. It just means that that if they do sell mp3 without paying royalties, US won't be able to use WTO to impose sanctions on them. But US doesn't need WTO to impose sanctions. It can just do it.

The US doesn't need the WTO to impose sanctions, no. But if it does so then it's blatant protectionism of American gambling and copyright industries against Antiguan competition. The EU and Japan have both been making pro-Antiguan noises in this dispute, and if the US decides to try some form of economic bullying on Antigua, then it's possible that Europe and Japan might step in. The US is rich and powerful, but not so rich that it will risk a devastating trade war with Europe when the dollar's already on the slide, over a few gambling sites and pirate havens in the Caribbean.

Re:nahhh

[jedidiah]

You are deepling confused.

This isn't "protectionism". This is moral meddling. The US wants the ability to
control who gambles on what where. They don't have that ability with a foreign
company. This isn't "protectionism". It's simply a reflection of the fact that
in this area the US is "attempting to legislate morality".

It does this in a very byzantine fashion.

The same goes for other forms of "vice" like alchohol or sex.

Try talking to a small US vineyard trying to sell to customers in other States.

The extreme reaction here is just an excuse for mindless US bashing. Some people
have found their gift wrapped excuse and by golly they're going to use it.

Re:nahhh

[Hatta]

No, "may" implies legal right. "Can" merely implies capability. "Will" implies certainty, which is a little premature right now.

you're surely cracked

[Speare]

If you download a copyrighted song from a server in Antigua, will that be an ironclad defense that will make you invulnerable to future attacks from the RIAA?

This has got to be a joke. The concept of "unclean hands" is not applicable on an international policy-and-treaty basis. One cannot ignore the rule of one treaty because another country ignores the rule of another treaty. Even though the US Constitution ranks the treaty as being the supreme law of the land (theoretically above anything the executive, legislative or judiciary can do), this does not apply to whether or not you can legitimately grab a copy of Britney's latest dance video without concern for authority.

Re:you're surely cracked

[Anonymous Coward]

No, but it means Antigua can charge you 99 cents for said song.

Re:you're surely cracked

[geminidomino]

Yeah, but what we may see is a resurgence of the old HTTP/NNTP/FTP warez servers hosted in Antigua, which would cause problems to the MAFIAA's method of abusing the system by claiming that P2P services include "making available"....

Re:Exactly what does this have to do with RIAA

[Anonymous Coward]

If a US citizen purchases mp3s from an Antiguan website they are obtaining legal copies of the music. The WTO trumps the Berne Convention. I doubt that would stop the RIAA trying to go after people though.

Re:And why would anyone think...

[Anonymous Coward]

Like they were ordered to for softwood lumber? We know how that turned out.

Re:And why would anyone think...

[meringuoid]

Or how they were ordered to for steel. We know how that turned out, too.

The difference being that the US's opponent in the steel case was the EU, whereas in the lumber case it was Canada; European retaliatory sanctions would have hurt. Which doesn't bode too well for Antigua, unless some big players decide to come in on their side. Europe actually might do just that; there are quite a few British gambling sites that would rather like access to the American market.

Then again, it remains to be seen how much Antigua's new status as a copyright free zone will hurt the US. A lot of media folk will scream. They own a lot of senators.

Re:cue "politics as usual"

[sm62704]

What I can't figure out is why the federal government is involved with gambling. Gambling is legal in many states; we have horse tracks and casinos here in Illinois.

I prefer Las Vegas casinos, though, because hookers are legal.

And speaking of gambling, I'd not gambled in a casino since a couple of buddies talked me into going to Nevada when I was stationed in California in the USAF in 1975. So last summer I went to the riverboat, and the new electronic slot machines SUCK! Boring as hell. You young folks don't know what you missed back when they had mechanical one armed bandits.

First time I've seen a computerized anything and wished for the mechanical version.

Re:Virtual Goods vs. Physical Goods

[Actually, I do RTFA]

Absinthe seems like one of those "kind of questionable" things just like internet gambling was 7-8 years ago. (Enforced rarely and made illegal by virtue of re-interpretation/application of an old law.)

The NYTimes just had an article about how Absinthe was thought to be one of those "kind of questionable things" but the law that made it illegal was overturned as part of a more massive anti-prohibition law. So many people thought it was technically illegal, but in reality it was fine.