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US Ignores Unwelcome WTO IP Rulings

Eye Log writes "The United States is a big fan of leaning on other countries to tighten IP and copyright protection, but has a tendency to ignore its own obligations when it doesn't get its way. 'Two ongoing cases illustrate the point. First, the European Union is pushing for the US to change a pair of rules that it calls "long-standing trade irritants." Despite World Trade Organization rulings against it, the US has not yet corrected either case for a period of several years... Apparently, it's easy to get hot and bothered when it's industries from your country that claim to be badly affected by rules elsewhere. When it comes to the claims of other countries, though, even claims that have been validated by the WTO, it's much easier to see the complexity of the situation, to spend years arguing those complexities before judges, and to do nothing even when compelled by rulings.'"

21 of 448 comments (clear)

  1. And you are surprised because ... ? by coutch · · Score: 5, Insightful

    Given the way this administration has been handling Foreign Policy, this shouldn't come as a surprise to anyone ...

    1. Re:And you are surprised because ... ? by lgw · · Score: 5, Interesting

      I don't think that's flamebait at all: US corps act in their own interest exclusively, with no concern for "fairness". That's even a legal requirement of the directors and officers of a corp.

      Of course a corporation uses it's influence to try to get favorable WTO rulings enfored with an iron fist, and unfavorable rulings delayed or ignored. That's how they're supposed to act. Ideally congresscritters would care about the people they represent, but it's hardly news that they instead care about they corporations that they represent.

      I disagree that the "US government considers themselves to be kings of the world and that their laws and points of view should prevail over everything and everyone else", as the "US government" isn't a person, it's composed of people who are just trying to do what's best for their campaign contributers.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    2. Re:And you are surprised because ... ? by msobkow · · Score: 5, Informative

      It's nothing new to Canada and our long-standing disputes over softwood lumber and other issues. The US even ignores it's own courts when it doesn't like the rulings.

      --
      I do not fail; I succeed at finding out what does not work.
    3. Re:And you are surprised because ... ? by schon · · Score: 5, Insightful

      US corps act in their own interest exclusively, with no concern for "fairness". That's even a legal requirement of the directors and officers of a corp. Except that this isn't a "corp", it's the fscking US Government

      It's hypocritical for representatives of the US government to lambaste other countries for WTO "violations", when the US Government turns a blind eye to infringement happening in their own country.

      Either the US government is for strict interpretation and enforcement or it's not. Pick one.
    4. Re:And you are surprised because ... ? by rbrander · · Score: 5, Informative

      >>Canada dumps lumber in the US at subsidized prices

      Well, that would be YOUR point of view. Canada's point of view is different.

      That's why we have courts...in this case, the WTO.

      And the WTO court found your point of view to not reflect reality, and Canada's point of view to reflect reality much, much better. Repeatedly.

      And every time, the US effectively ignored the court ruling. Please, I don't want to start an argument over softwood lumber. I'm just stating the facts: the WTO ruled against the US, and the US did not adjust its behaviour the way they would have insisted on another country doing had another country received the same ruling.

      The headline on this story would have been more correct by removing the "IP" from the sentence. "The US ignores unwelcome WTO Rulings" - of every kind. Maybe not ALL of them, but certainly some cases that are matters of much, much journalistic coverage. Many of these cases pre-date the Bush2 administration.

    5. Re:And you are surprised because ... ? by TheRaven64 · · Score: 5, Informative

      You are missing two things. First, the Constitution (Article VI, Clause 2) specifically states that any treaty obligations shall be the law of the land, and so you are legally, according to the constitution, bound by WTO rulings since the WTO powers are granted by a treaty. Secondly, you are ignoring the fact that the USA is expecting US law to extend over most of the world and is attempting to use the WTO to enforce this. Since the principle export of the USA is IP, your economy would be in an even worse state than it is now if the rest of the world took the same attitude the USA does to WTO IP rulings.

      --
      I am TheRaven on Soylent News
    6. Re:And you are surprised because ... ? by Admiral+Ag · · Score: 5, Insightful

      Look, you can't have trade without rules. Americans are able to trade with each other because the US has laws enforcing contracts and agreements. It is no different between states: some agreement about the rules is required to protect people who want to trade across borders. If the US wants to ignore the agreements it has made, then other countries will ignore their agreements and everyone will be worse off. International trade is for the most part beneficial to all parties. Actions like this are the result of special interests and are damaging not only to other countries but to Americans who aren't part of that interest group.

      The US is a sovereign nation with a sovereign government given the power to enact treaties with other nations. If you expect other nations to live up to their side of the treaties you like, then you have to stick to your obligations under the ones you don't like. The US is no longer in the position where it can violate whatever treaty it likes without consequences. This is not 1950. You aren't even the world's largest economy any more and the status of the dollar as reserve currency is the lowest it has been since the signing of Bretton Woods.

      Simple self interest ought to be enough to motivate the US to abide by the agreements it has made.

      --
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    7. Re:And you are surprised because ... ? by KDR_11k · · Score: 5, Insightful

      If you don't like the WTO rules or think they infringe on your sovereignty don't join the WTO. If you do join then you should do your part.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  2. Powerful Countries often ignore the rules by MrSteveSD · · Score: 5, Interesting

    Back in the 80s the US even ignored a ruling from the World Court to cease it's terrorist activities in Nicaragua, which included mining the harbours and putting civilian shipping in great danger. It even ignored the two subsequent UN General Assembly resolutions demanding that it observe the World Court Ruling.

    It basically comes down to this. If you are powerful, you can ignore the rules. If you are not, you may well be in serious trouble.

  3. Well by phoenixwade · · Score: 5, Funny

    The Federal government here in the US is allowing corporate interests to screw us, it's citizens, why not the rest of the world too? At least it's consistent.

    --
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
  4. Who cares really? by knivesx11 · · Score: 5, Insightful

    The big problem with the WTO is that it exists to try to find equities in other peoples laws. In my country its legal to do something that might be illegal in yours. The problem with that is that its great when people are talking about physical properties, however its much more difficult when dealing with the same disputes on intellectual property. If I play a radio in my work than its the station that sells advertisements that pays for the songs. As long as I don't advertise the fact like some kind of main street concert hall than I'm not sure why it matters.

  5. Re:IP stakes are "increasing"? by plasmacutter · · Score: 5, Insightful

    IP should stand for "imaginary" rather than "intellectual" property. It means absolutely nothing if nobody agrees to enforce it, and as such does not provide a secure or stable source of GDP.

    Any economist foolish enough to believe in "IP" as a long term foundation for an economy is not only incompetent, but dangerous to whomever he councils.

    You either take action against outsourcing or you face the slides happening in the US economy now.

    jobs get outsourced
    government doesnt take action
    rents go up, job opportunities go down, inflation occurs as your constant trade imbalance floods the rest of the planet with fiat money.

    economies are based on production of real goods and services, not residual income dependent only on the willing
      compliance of neighbors.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  6. Re:Proper syntax by Anonymous Coward · · Score: 5, Funny

    no, no, no! use the "tone" attribute on the "comment" tag!

  7. Re:There is no World Government... by Petrushka · · Score: 5, Insightful

    If I can gain an advantage by getting others to follow phony rules, good for me, but I'm not bound by them.

    Note that this is significantly different than treaties,

    You seem to be under the impression that the WTO is an organisation that just appeared out of thin air -- rather than, say, as a result of lots of countries signing up to binding agreements -- also known as "treaties" (such as GATT and the Marrakesh Agreement).

    If you think it's a good thing for your country to abdicate the responsibilities it has itself assumed under the provisions of treaties it willingly signed, then you are simply wanting your country to be a criminal, or rogue state.

    By the way, remind me never to sign any contract with you ...

  8. Re:Uh oh by exploder · · Score: 5, Funny

    URGENT NEWS ALERT! United States applies double standard to international dispute!

    --
    Yo dawg, I heard you like the Ackermann function, so OH GOD OH GOD OH GOD
  9. Re:Uh oh by The+End+Of+Days · · Score: 5, Funny

    URGENT NEWS ALERT! Europe upset that over 200 years later, US still won't do what they want.

  10. It's True by Bullfish · · Score: 5, Informative

    The US has more trade agreements with Canada than any other country and in Canada's experience it is absolutely true. The US government's negotiators howl about DRM, our approach to health care, pharmacuticals, gay marriage, drug "leniency" etc, etc while ignoring rluling after ruling not just by the WTO, but by the NAFTA boards, and other committees that supposedly govern bilateral trade. Largely they do it because they can get away with it.

    I have no doubt that the US will recover from it's financial woes. The world economy is changing though, and competition for resources is increasing. The US's negotiating position is changing as well. Instead of being the one of a few major buyers of commodities, they are now among many. Ignoring multilateral trade rulings as a routine is going to end as a consequence. At least if the US government is smart about it.

  11. Re:Thank you US government by plasmacutter · · Score: 5, Insightful

    It happens all the time, but only when the "us" referred to make over 1 million dollars gross income per year and provide "campaign contributions" to the relevant lawmakers.

    for the rest of us there's:
    the dmca
    local monopoly power for ISP's
    rubber stamped mergers across the board (you have freedom of choice! you can choose "the x company" or nothing at all!)
    the real id act
    the patriot act
    warrantless wiretapping and retroactive immunity when we sue for it
    continuous streams of supreme court rulings which invalidate the crumbling constitution (see anything signed by souter)
    the rise of the fourth estate, which is now so in bed with the government it may as well be state run.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  12. China crisis by Anonymous Coward · · Score: 5, Insightful

    Weren't the trade sanctions against Cuba put there and don't they remain there in part because of Cuban human rights abuses?

    Yes. That explains those extensive sanctions against China too.

    Oh, hang on ...

  13. Re:Autonomy by A+beautiful+mind · · Score: 5, Insightful

    The UN and WTO are a bit too socialistic for my tastes, but that's just me.
    You have to be really on the right end of the fascist scale to claim that the WTO is socialist, given that it was created by the USA to serve the interests of capitalism.
    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  14. Re:Here's the BEEF!!! by Anzya · · Score: 5, Informative

    Remind me to send them a thank you letter. If you would have said Brazilian meat then I would have conceded a point.
    I would rather eat raw Swedish chicken than to touch American beef.
    Couldn't find any numbers regarding beef but look at the ammount of salmonella in the US: http://en.wikipedia.org/wiki/Salmonellosis#Incidents_of_salmonellosis, 16% of the chickens had salmonella compared with Sweden where 1% of all the animals got it http://www.smittskyddsinstitutet.se/sjukdomar/salmonellainfektion/, the stats are from the Swedish CDC, unfortunatly I couldn't find the numbers in english on the site.
    In Sweden when ever salmonella is discovered the whole shipment of food is destroyed and if salmonella is found at a farm then all animals are destroyed.

    --
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