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WTO Awards Caribbean Country Right to Ignore US Copyright
The WTO's recent ruling on Antigua's complaint against the US over the banning of online gambling resulted in a payment to the island nation much less than they asked for. It appears, though, that this payment was just part of the WTO's compensation package for Antigua/Barbuda. Via Kotaku, the Hollywood Reporter notes that the Caribbean country can now freely ignore US copyright laws - legally. This dispensation is apparently limited to some $21 million a year. "The WTO often takes decisions awarding trade compensation in cases where one nation's policies are found to break its rules. But this is only the second time the compensation lets one country violate intellectual property laws. In this case, Antigua will -- in theory -- be allowed to distribute copies of American DVDs, CDs and games and software with impunity. 'That has only been done once before and is, I believe, a very potent weapon,' Antigua's lawyer Mark Mendel said. 'I hope that the United States government will now see the wisdom in reaching some accommodation with Antigua over this dispute.'"
Under this administration, The WTO and Antiguan people are now terrorists. Prepare for us to spend 1 billion dollars a day in taxpayer funds to attack you now.
Don't Tread on Me
for web hosting
Either online gambling is legalized and we win, or we can legally download movies, music, and software from Antigua, and we win. Huzzah for the WTO!
In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
Attacking recognition of US copyright and patent monopolies is a good way to rein in the USA on an international level. A large chunk of the US economy is now "intangibles", basically fairy dust. To really tank the US economy (only a good thing for the rest of us, despite self-deluding crap in the US about how the rest of the world needs the US to "buy their stuff" - sure, just like black ants need a bunch of lazy-ass red ants lording it over them...), complete lack of recognition of US copyrights and patents would go a long way.
US copyrights are *already* widely ignored. How is this any different?
So because the "majority" of horse racing gambling is in the states that makes it a protective tariff to outlaw ALL forms of online poker
YepSamsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
What this really represents is a message to the US: the WTO is not afraid to use IP laws to penalize us if we try and bully other countries. The member states of the WTO are not happy that the US can basically run free, so they just wanted to remind us that there is a system in place that can overrule America's policies. I personally view that as a good thing, since the US keeps using its position as the single most powerful nation in the world to push various agendas on other nations.
Palm trees and 8
Yep. The existance of online horse gambling demonstrates that the US really doesn't have a morals problem with online gaming. So, if there's no moral objection, that leaves protectionism, which is a no-no under WTO rules.
I guess this means the GPL is also null and void there as well.
Not that I'm trying to be a Troll, just a random thought that crossed my mind as interesting.
"Judge: You see, we know this guy owes you money and doesn't want to pay it, but he's really well connected and we can't do anything about it. In return we will garnish his wages untill you're paid what you're owed" There, fixed that for you. Courts do it all the time.
The bill of rights, silly. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Basically, it was supposed to be that if the power wasn't expressly granted to the Federal Government in the Constitution, than it was left to the States to decide individually, or the people.
You could call it abandonment of sovereignty but it was done our government with a really complicated multilateral trade treaty (GATT or General Agreement on Tariffs and Trade started by the US) that established the WTO as the arbiter of disputes. Since Article VI, paragraph 2 of the constitution says: "all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution [of any State] or Laws of any State to the Contrary notwithstanding." The main point here is that GATT was started by the US to promote "free" trade. Of course, some people (read multinational coporations) are more free than others. So, yes in order to get something, essentially a leveler playing field for American business we've (the presumably US multinationals) have given something--a portion of US sovereignty ceded by treaty to the WTO. If you don't like it, it's pretty much tough. We'd be screwed economically without it since all of our trade policy is built around it.
Full Tilt
It's not our fault or problem that nobody has bothered to setup online horse racing in your country. As long as any horse racing business from these nations is treated the same as a domestic outfit I really fail to see what the problem is.
Nobody made you join the WTO either. Nobody made you agree to the definition of categories of industry. If you'd had the foresight to separate horse racing from online gambling as separate categories this would not be a problem. But these are the rules you agreed to and know you have to play by them if you want to keep playing.
And you DO want to keep playing because the WTO is the force that's preventing Canada from creating a nationalized daycare system. (would prevent american companies from competing in the daycare industry), is forcing Canada to sync copyprotection laws for America's RIAA/Hollywood interests, is preventing Canada from selling subsidized electricity to its own residents because FreeTrade/WTO rules force us to export electricy at the same rates we use it internally, despite that a lot of the energy infrastructure was built by the taxpayer.
And that's just Canada... the US is wielding the WTA/FreeTrade agreements around the globe for its benefit. It benefits far more from them than it loses. For every Antigua there are 30 Canada's. Antigua is just interesting because they've scored a symbolic blow to the US, and in a very public high profile way.
"Now - $21 million may seem like a considerable award. However, according the the RIAA's calculations, this only covers the single "Just a Lil Bit" by artist 50 Cent."
Since the award is to Antigua, and the profits of the award are to compensate Antigua, its the value in/to Antigua that counts. What the **AA thinks something is worth elsewhere is irrelevant.
Don't forget - this is as compensation to Antigua - its the revenue that is generated in or for Antigua that counts, not the "damage" elsewhere. They can use it to generate compensating revenues, up to the $21 million/year mark. If, for example, Microsoft was selling their crippleware for $3/unit in bulk, Antigua can now legally sell up to 7M copies a year at that price.
Kevin Smith on Prince
Okay, it's like this. The only way you get to ban gambling is if you believe that gambling is morally a bad thing, or if you believe that gambling could damage public order. By allowing some types of gambling, you agree that gambling is not morally a bad thing, and that it is not a danger to order either. Hence, you can't ban gambling, in any form.
Unless, of course, you'd like to argue that betting on horse races is moral while gambling in general is immoral, or that the latter would somehow cause order to break down. However, I don't think any sane person would accept that. I wouldn't.
If the people of the United States (or any country) want to ban online gambling then what business of the WTO is it?
It became the WTO's business when we signed a treaty making it thier business.
There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
Uh, no.
Dear Servicemember:
We realize that you were due to retire in 2008. However, as we're now fighting EVERYONE, your enlistment has been extended...
...to 2108. Thanks for serving, and have a friendly-fire-free day!
Love, Uncle Sam
Seriously, folks... While I'm as proud as any military brat concerning the amount of rear the US armed forces has the capability to kick, we are NOT at the point where we can take on the world.
Rephrased: How many 12-year-olds could you take on?
Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
Perhaps Antigua can wait for every other signatory of the copyright treaty to also ban online gambling (very likely as the social damage caused by it increases) and then they can finally legally pirate copyrighted content.
Chaos - everything, everywhere, everywhen
In a free society, the government doesn't own the property of private organizations and individuals. For all intends and purposes, corporations are private. So yea, what the GP claimed would be true.
I think this will go the way of the wind with trade sanctions and embargoes before it is over. I think we could also expect their Internet connections and communications lines to be hit with a torpedo of some sorts.
But that wouldn't matter anyways, WIPO and the WTO are separate organizations and constructs. Under WIPO treaties, other countries would be banned/prohibited from accepting the pirated property. Well, that is if they want to trade with other countries that expect WIPO agreements to be held up. It may well be that this ruling is only applicable to residents of Antigua. They can steal the Copyrighted material only to sell it to their residents.
The savings bond is a great example. At any time, the government could default on that bond... all they have to do is disappear, or for a new government to take power, or just "forget" to pay you.
Government INACTION leads to loss of IP (or copyright if you prefer).
Government ACTION is required for them to deprive you of real property.
Huge difference. People who "lose" IP only had it in the first place because the government gave it to them.
But that's all sort of philosophical. The US gave up some rights when it joined the WTO. Part of the agreement allows sanctions when the US doesn't abide by the rules. Sanctions kind of suck, because as you and others correctly point out they take some collateral damage. In this case, I don't really feel too bad since the RIAA/MPAA/etc are part of the push behind so many international treaties like this. You reap what you sow.
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.