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WTO Approves Suspension of US Copyright in Antigua
hydrofix writes "On Thursday TorrentFreak broke the story (verified by BBC) that the government of Antigua and Barbuda, a tiny island nation on the Caribbean, was planning to launch a legal 'pirate' website selling movies, music and software without paying a penny to U.S. copyright holders. Now, the World Trade Organization has given its final approval for the Antigua government to launch the website. The decision follows from long-running trade dispute between the countries, related to online gambling, which was ruled in Antigua's favor in 2005. After the United States refused to compensate, the WTO granted Antigua the right to 'suspend' U.S. copyrights for up to $21 million annually."
From the article: "The Antiguan government further reiterated today that the term 'piracy' doesn’t apply in this situation, as they are fully authorized to suspend U.S. copyrights. It is a legal remedy that was approved by all WTO members, including the United States."
What the hell? They had an opportunity to ask for something valuable and instead asked for all the crap put out by Hollywood? Why not just ask for a few beads on a string?
A limit of $21 million per year? What's that 3, 3 1/2 songs? Best get in there quick if you want to buy this year!
The GPL and friends rely on copyright to function correctly. Can I get someone in Antigua to send me a copy of Linux (or whatever) unencumbered by the GPL for me to start a proprietary fork?
This is what happens when you try to strong arm countries and, then, when the ruling goes against you, you ignore it.
B&A is going to make $21 million really fast. The question is who sets the prices....
As a US Citizen I'm glad to see them stand up to our government's bully tactics. I hope they follow through and set an example for other countries currently getting strong armed. I think it's pretty funny they knew where to hit the politicians where it hurts, a gut shot to the copyright lobby. I really hate the way this fuels international perception of Americans, our government may feel this way but I'd say it has more to do with campaign money than actually representing the collective public interest.
$0.01/year for a subscription to a BitTorrent tracker with seeding from Antiguan servers. Might as well make that $27m go as far as possible.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
When is the webshop launching?
21million that comes out to be ~1x a full metallica album
Btw I don't like copywright but this is just wrong
Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.
Now, how can I invest in Antigua? Most here try think how this can help freespeech etc. but I think the better question is how can I get richer by in this "grey area".
I think it is time for the US to acknowledge that the era of controlled internet in terms of sharing and modern technology is over.
Lets see if they use a domain registrar that has US roots/ties and then the DHS will seize the domain name of the site(s).
Whilst it may be legal for them to sell $21million worth of copyright content, is it legal to import that content, be it via download or otherwise?
This is the whole grey market import thing ...
As to "what makes up $21million", that depends on their sticker prices, not court payments.
They're allowed to sell $21million worth of material, so at $20/movie (for example), that's 1,000,000 movies.
Or at $2/song, that's ~10,000,000 iTunes tracks.
Presumably the MPAA/RIAA could garner up a few people and spend $21million "overnight", sacrificing 1 day of sales to mean that the other 364 days of the year would not be free of copyright. But that's tin foil hat stuff and requires that the long term gain be more than the short term loss and for the *AA to recognise that.
It's not about money, it's about sending a message.
AG domain shut down by ICANN.
What political party do you join when you don't like Bible-thumpers *or* hippies?
Given that our government uses many bully tactics, how, exactly, is the US prohibiting US banks from transferring money to organizations doing something that is illegal in the US a "bullying tactic"? If the US had a hegemony on international financy, yeah, but we don't. You want to gamble online, use a canadian bank, or an antiguan bank.
Is that calculated on the basis of MPAA dollars or some currency that is worth something? Like Australian dollars?
I am Slashdot. Are you Slashdot as well?
How long before other countries do this who have been stepped on by US interests, like US using DNS to shut down web sites in countries where they have no jurisdiction? Those countries might also argue they should be able to ignore US copyrights in retaliation.
IMHO, the Antiguans should seize US assets, there's a lot of hidden money, a lot of which will be from Casino operators, in Antigua. The Antiguans could have got far closer to the problem then copyright infringement.
As it is, there aren't many US imports they could have taken in compensation.
But they probably don't chase infringement anyway, so I don't see how this actually is anything but a Pyrrhic victory.
When you want to do something again... again.
http://yro.slashdot.org/story/13/01/24/2110217/responding-to-us-gambling-law-antigua-set-to-launch-pirate-site
Be seeing you...
But if you do buy something from them, be sure not to use it in the USA. or try to activate your software with the OEM.
Basically you can expect the rest of the world to treat you as a copyright infringer, regardless of what the Antiquan government or the WTO says. Not worth the trouble.
I think its also a cautionary tale about these world governing bodies and making treaties. Our earliest founders warned us about getting into international entanglements. This is clear example of how these things don't always come out as planned. We might be strong arming China one week, but might have some rulings like these go against our interests another, and it makes us look like real ass hats when we try and argue these international bodies should be abide by one moment and than ignore them the next.
Yeah, it sucks when you must follow rules you agreed to, especially hwne you intended to use thoe rules to strong-arm others.
"I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
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I'm in America, can we suspend copyright here? That would be nice.
What everyones real question is, can I download Hollywood stuff legally from Antigua servers. I don't bittorrent any shows or movies but if it was cheap enough I'd do this (if it was legal).
Curiously, do we have a case of our arms fighting against our feet here? Seems if we are going to be anal about the first thing that started this whole mess, we'd also be anal about our punishment and fight it kicking and screaming.
Soon enough Antigua will start "harbouring" and "assisting" terrorists or some equally bad folk and military pressure will be the only option; rinse and repeat
Could they sell copies of "Song of the South" or other items that copyright holders in the U.S. refuse to sell?
You have a long history of "piracy". Embrace it...
They are limited to $21 million dollars. So what they should do is offer EVERY song and movie for streaming. And for a pretty basic annual fee (say $100/year or less). But in order to purchase the streaming agreement, you must come to Antigua to subscribe. No online sale..
So the idea is to increase tourism. Come to our little island, have a vacation, and get the world's cheapest streaming service. But only available for purchase IN Antigua.
I'll reply to you since you're one of the first Non-AC posters to say this.
I agree they'll let this article sit a week so everyone can make their nice "clickbait ad revenue", then the reply/result will come which will pulverize this whole story into the ground. There is *no way* a cute little country-lette like Antigua can create themselves Napster 3.0. US is gonna pick their figurative dignity up and throw it in a dumpster.
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
I assume they can ignore US copyrights when selling software. But would they be allowed to sell activation keys? I seem to recall Micro$oft having problems with people managing to generate keys for some of their products.
Would they have to include the disclaimer that these software products are unsupported? If not, could fraud charges ensue? Or, if they made up activation keys, could criminal charges then follow?
Actually, the way I understand it, Antigua is allowed to gather profits amounting to 21 million USD from selling copies of American works. They definitely won't be using RIAA's "special math", as used in U.S. anti-filesharing court cases, to calculate the profits, or they would actually need to find someone who would buy a Metallica album for 21 million (when you can get it for maybe one millionth of that price from the record shop). Instead if realized, they would be selling the content at whatever price the public is willing to pay, until they have recovered the 21 million USD (minus running costs for the operation, of course.)
Affected US companies just need to create foreign subsidiaries and then assign their copyrights over to those subsidiaries. Problem solved. Heck, some of these companies probably already hold their IP offshore.
US copyright holders should immediately sue the federal government as this is an unauthorized taking without fair compensation. The government is saying "here, Antigua. Do this instead to receive payment in our dispute.""
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
Mark Dayton (Governor of MN) and Democrats in the State House are talking about extending State Sales Tax to i8nclude Digital Downloads.
I don't think they are going to get much revenue if people in MN just download the digital content from Antigua
Your right, they are going to use Hollywood math. They will never recover the operating costs of running this operation, and instead just have local businesses operate at 100% of the gross.
Obama's MPAA masters won't like this a bit.
Wow. I wish we had some leaders that thought outside of the box like this. We could have asked for similar measures when the U.S. kept ignoring multiple WTO rulings in our favour on softwood lumber, water rights, etc.
How long before the suborned running dogs of the MAFIAA in the U.S. government arrange to declare Antigua a terrorist nation, send in the Marines and install a Hollywood friendly government? Maybe Chris Dodd will take the job, himself.
Like pretty much all of international law (except the fairly narrow domain of international criminal law regarding war crimes and crimes against humanity as embodied in various ad hoc war crimes tribunals and the Rome Statute of the International Criminal Court), the entities at issue in the WTO are nation-states, not individuals or "businesses".
So, it is not "one business is being unfairly discriminated against" and retaliation against a "completely separate business". It is one nation-state discriminating against imports from another nation-state, and the victim nation-state being allowed to retaliate against the offending nation-state.
We don't have a world government that deals with disputes between businesses, we have treaty organizations that deal with disputes between nation-states. That's a consequence of an international regime driven first and foremost, almost without exception, by the idea that nations are completely sovereign within their jurisdiction, with international organizations governing only the relations between those nation-states.
If you have US IP, and you see internationally the US can't defend you, would you think a different country may be a better idea? And for reasons of which laws the US chooses to enforce? This isn't predictable function of law. That's bad for business.
State sponsored Theft by Exemption. Legal worldwide!
Question: Does that make it an Empire?
It's no more desirable to get "Johnny Linux" than it is to get "Marcus Microsoft Windows 7". You wouldn't be able to get much for selling a product that is just a copy of the original work from Microsoft, and the dangers if you're a business are astronomical.
You'd have to prove each copy was made from THAT SPECIFIC COPY. And, essentially, that's not possbile.
The REAL Pirates of the Caribbean!
Are they going to pirate those movies too?
What time's the invasion?
And I assume - just like Grenada - more medals will again be given out than were on D-Day.
While you are so full of fail
Under Hollywood Accounting rules, Antigua would need to set up a store that sells Imaginary Property (IP). Then they would need to set up several other organizations that bill the store various "fees".
Under Hollywood Accounting rules, this is perfectly acceptable. The US should not complain.
Until the store eventually turns a profit, that $21 Million that Antigua is owed cannot be repaid.
I hope those "fees" won't get too high. I mean, it could take Billions and Billions of dollars in sales in order to eventually turn $21 Million in profit.
Heck, the Star Wars movies from the 1970's still are not profitable!. So poor Antigua may never get the $21 Million that the WTO says it is owed.
I'll see your senator, and I'll raise you two judges.
And... that is the sound of Antigua being dropped from the routing tables. Seriously, Antigua can host all of the copyrighted content it wants, but big content will make sure that no one can access it.
The U.S. now allows dual citizenship, a person can have two passports from two different countries.
It is possible, and likely, that Linus is also still a citizen of Finland, which also allows dual citizenship, but I don't see that in a quick Google search. I think it is very unlikely that Linus would voluntarily, with no reason, relinquish his citizenship of Finland.
Wonder if we can get them to publish "Voices from the Hellmouth?"
http://news.slashdot.org/story/99/04/25/1438249/voices-from-the-hellmouth
Don't know something? Look it up. Still don't know? Then ask.
How soon before MS opens an Antigua office?
Copy Linux, rename it Windows 9, publish and copyright it, ship it back to the US.
Profit!
the U.S. government has effectively banned internet gambling...[snip]... it's basically an internal U.S. matter.
No, if the US banned online gambling outright there would not be a problem. The problem is they allow US companies to run gambling sites but will not allow companies from other nations to compete under the same laws (such as paying tax). The other member countries are also obliged to allow US companies to offer gambling in their country under the same regulatory regime as their local companies.
Disadvantaging overseas competition is called "protectionism", it gives domestic companies an "unfair" advantage. One of the reasons the WTO was set up was to discourage protectionism, that's why the WTO has punished the US.
It will end badly for pretty much everyone involved.
No, the US will simply ignore it, it's a very cheap alternative to a trade war.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
DISPUTE SETTLEMENT: DISPUTE DS285
United States — Measures Affecting the Cross-Border Supply of Gambling and Betting Services
http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds285_e.htm
Proceedings under Article 22 of the DSU (remedies)
On 21 June 2007, Antigua and Barbuda requested authorization from the DSB, pursuant to Article 22.2 of the DSU, to suspend the application to the United States of concessions and related obligations of Antigua and Barbuda under the GATS and the TRIPS Agreement. On 23 July 2007, the United States (i) objected to the level of suspension of concessions and obligations proposed by Antigua and Barbuda and (ii) claimed that Antigua and Barbuda's proposal does not follow the principles and procedures set forth in Article 22.3 of the DSU. At its meeting on 24 July 2007, the DSB agreed that the matter had been referred to arbitration as required under Article 22.6 of the DSU. On 21 December 2007, the decision by the Arbitrator was circulated to Members. The Arbitrator determined that the annual level of nullification or impairments of benefits accruing to Antigua is US$21 million and that Antigua may request authorization from the DSB to suspend obligations under the TRIPS Agreement at a level not exceeding US$21 million annually.
At the DSB meeting on 24 April 2012, Dominica read a statement on behalf of Antigua and Barbuda which stated that the United States was not in compliance with the ruling of the panel, the Appellate Body and the compliance panel. Antigua and Barbuda had formally notified the United States of its desire to seek recourse to the good offices of the Director-General in finding a mediated solution to this dispute. Antigua and Barbuda requested that this matter remain under the DSB's surveillance.
Can they violate GPL for American written software?
As I understand it.
They can sell up to a limited dollar value of COPIES of a GPL-violating work in Antigua and you can't (effectively) sue them (outside of the US) for failing to distribute the source or linking GPL and non-GPL object code. The purchasers of those copies could resell them, too - as long as they didn't do so into the US (which will still be enforcing the copyright).
But additional copies, which were not sold through Antigua, are still unauthorized, both in the US and elsewhere, unless the terms of the GPL are met. So they can only sell a few before they hit the wall.
So I don't see the GPL being "broken" by this.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
In latest news, the USA has invaded Antigua searching for possible weapons of mass destruction!
Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)