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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.'"

11 of 460 comments (clear)

  1. yea,, by Heem · · Score: 4, Insightful

    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
  2. A whole new market by decowboy · · Score: 4, Insightful

    for web hosting

  3. Hah. by Anonymous Coward · · Score: 5, Insightful

    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.

  4. Re:A victory for internet users worldwide by ByOhTek · · Score: 4, Insightful

    not quite, as a downloader, you still answer to your local authorities. So if I decide to download a copy of Windows Vista from an Antiguian server, I could get in trouble (it's not legal for me to do), but the server's hosts would not.

    Still this strikes me as an odd penalty. If I go and rob a bank, do you put my children in jail? Yes, I would be upset at that, and it would be a deterrent for me, but at the same time, the children did nothing wrong - you should be jailing me.

    They are punishing the US by allowing people to take the works of it's authors, actors, software developers, etc. without compensating them. Yes it punishes the government, but it punishes people completely unrelated to the action even further.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  5. Re:A victory for internet users worldwide by Dolohov · · Score: 4, Insightful

    This is the case with any trade sanctions -- steel tariffs technically only hurt steel producers, not the US government. The point is that they are intended to cause problems for a group with strong lobbying powers, who will then in turn pressure the government to change its ways. If Antigua were to raise steel tariffs, however, they would suffer from higher steel prices, and could then be forced by the US to back down (particularly since they are a small country whose steel input is minimal). By allowing IP exemptions instead, Antigua does not risk being forced by the US to back down.

  6. Re:I bet the Mafiaa Won't Like That by betterunixthanunix · · Score: 5, Insightful
    Please, the WTO can't punish the US by letting a pipsqueak country like Antigua live without our copyright laws. I doubt that there is enough IT infrastructure in Antigua as a whole for anyone to serve more than 100000-500000 users at a time, which is barely a thorn in the industry's side (remember, Kazaa, at its height, had 60000000 users and the RIAA reported a record profit). If the WTO really wanted to hurt the US, they would have to grant the same freedom to a country that carries more weight, like China or Russia (countries that already have problems with black-market IP violations; just imagine an open market for US software, music and movies).

    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
  7. Re:abandonment of sovereignty? by Jeremy+Erwin · · Score: 5, Insightful

    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.

  8. Ignore the GPL too? by Danathar · · Score: 5, Insightful

    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.

  9. Re:abandonment of sovereignty? by eebra82 · · Score: 4, Insightful

    Since when did "free trade" translate into an abandonment of sovereignty in favor of having an unelected global organization dictate national policy? If the people of the United States (or any country) want to ban online gambling then what business of the WTO is it? At least when the WTO steps in over protective tariffs that makes SOME sense. If a product is completely outlawed though, how the hell is a free trade issue? You haven't been following this issue. Countries can prohibit trade on moral ground under the WTO. They just can't treat the domestic businesses differently than the foreign ones, which the US does explicitly. Correct. And I must add that this bill was hardly a decision made by the citizens of the United States, as the first post claims. UIGEA was sneaked into the Safe Port Act. Now let's take a look at what the Safe Port Act mainly includes:

    * Additional requirements for maritime facitilties
    * Creation of the Transportation Worker Identification Credential
    * Establishment of interagency operational centers for port security
    * Port Security grants
    * Container Security Initiative
    * Foreign port assessments
    * Customs Trade Partnership Against Terrorism
    If it was a choice made by the citizens of the United States, how come this bill was put at the very end of this huge Safe Port Act bill? One that was definitive and would - with almost no doubt - pass through to the pen of George W. Bush? And it's funny that a great supporter of this bill happened to be a large casino corporation somewhere in the United States.. Oops..
  10. Re:abandonment of sovereignty? by vux984 · · Score: 5, Insightful

    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.

  11. Re:abandonment of sovereignty? by argiedot · · Score: 5, Insightful

    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.