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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. 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.

  2. Re:abandonment of sovereignty? by bigdavex · · Score: 5, Informative

    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.
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    -Dave
  3. Pfft... 21 Million? by MacDork · · Score: 5, Funny

    21 Million? That's it??? Who defines how much the copyright is worth? That's like two movies on Bittorent according to the MPAA.

  4. 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.

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    Palm trees and 8
  5. 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.

  6. 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.

  7. Re:wha?! by Ynot_82 · · Score: 5, Funny

    Pirates of the Caribbean.... ;)

  8. 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.

  9. 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.

  10. Re:abandonment of sovereignty? by Best+ID+Ever! · · Score: 5, Informative

    Several states offer their lotteries online, several states allow horse racing bets to be placed online, and there was even a carveout in the UIGEA for fantasy sports leagues. So yes, there is legal online gambling offered by US companies to US citizens.

  11. Re:wha?! by bhiestand · · Score: 5, Funny

    Not yet. But I'm expecting to get my nerd license suspended again tonight... Is that a euphemism for "getting laid"?
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    SWM seeks new sig for a brief fling