Radley Balko | December 26, 2007
Cato's Sallie James writes that the WTO has awarded Antigua $21 million in damages for its trade dispute with the U.S. over our Internet gambling laws. The little island country will get to recoup the losses by suspending copyright laws within its borders, I guess until it estimates its economy has absorbed $21 million in revenue.
The amount is far less than what Antigua wanted ($3.4 billion), and far more than what the U.S. claimed Antigua was due ($500,000). Unfortunately, I doubt that $21 million is enough to instigate a war between the copyright lobby and the moral blowhards behind the gambling ban. And the recent settlement between the U.S. and Europe, Canada, and Japan means more damages taken out in copyright aren't likely.
I wonder if U.S. citizens will be able to take advantage of the ruling to buy pirated CDs and movies from Antigua, or if the RIAA and MPAA will pressure the federal government into banning Internet and postal transactions with copyright violators who set up shop in Antigua.
The good news I guess is that trade, globalization, and techology have made it much more difficult for the government to enforce dumb morality laws. The bad news is, they're still trying.
MORE: I probably wasn't clear enough in the post: The $21 million is an annual reparation until the U.S. changes its laws.
Help Reason celebrate its next 40 years. Donate Now!
Try Reason's award-winning print edition today! Your first issue is FREE if you are not completely satisfied.
I thought it was $21 million a year, not just a one-time.
If I'm right, shouldn't the GAO ask if this is a reasonable
expenditure of taxpayers' money? Not only is it a waste, but it's
like saying it's okay for the US to keep driving above the speed
limit so long as it pays $21 million in fines a year.
Could any presidential candidate other than Ron Paul be just a
little upset about this?
We all know $21 million is chicken feed to Uncle Sam, but that
ought to be upsetting too, shouldn't it?
Ruthless
I read it as $21 million per year (until the U.S. changes its
laws), as well. But the way I read it, it's not a direct fine, it
just allows Antigua to pirate $21M worth of stuff per year. Looks
like it will be "paid" by the RIAA rather than the gubmint.
I wonder who is in charge of monitoring Antigua's non-enforcement
of copyright to make sure they stop when they reach the limit. Or
how they restrict this. If I get an Antiguan ISP, does that make me
eligible to enjoy copyright-free downloads?
Chuck,
The way you describe it should raise a bigger red flag for the
GAO:
Inter-government bartering.
When real people do it, they exchange stuff of value.
When nations do it, they swap shit for Shinola?
Great!
it's not (primarily ) about morality.
it's about MONEY.
look at what the (overwhelmingly leftwing/democratic) WA state
legislature did vis a vis online gambling.
they made it a C felony (par with auto theft, aggravated assault,
and burglary).
but it's not a MORAL thing. one can buy (state pimped) lottery
tickets at convenience stores, and one can play a game of poker at
any # of casinos, both on and off the reservation.
and of course they justified the law to protect the innocent
consumers who could get ripped off by these rogue poker sites
(lol).
poker is plenty moral to a leftwinger as long as you pay a hefty
tax to the "man".
This money should come directly from the taxes of districts whose congresscrap voted for it. Bitter pill to know that not only did these bastards stop me from making an occasional bet online, I now have to pay (I don't care if it's a fraction of a cent)for their shoving their morality down my throat. Dirtbags.
Well, SOME of it has got to be about morality. There are plenty
of useful idiots out there who do indeed think it is immoral to
gamble or wager.
Although it feels crazy to root for being raped, I wish it had been
larger than 21 mil. Can the US appeal?
I enjoy gambling online and I believe that everyone should have the right to place a bet online, as long as their are rules in place to protect underage & problem gamblers.
the arbitrator gave Antigua permission to collect the
damages by suspending their obligations to protect U.S.
intellectual property. The $21 million worth of pirated software,
movies, and music would go on annually unless and until the United
States changes its laws
Perhaps I'm dense, or maybe just old-fashioned, but what in fuck's
name do gambling disputes have to do with suspending intellectual
property rights? "You're prohibiting offshore gambling, so we'll
show you! We'll punish your artists!" Egad.
ed--
this is probably the only way the Antiguan govt will be able to
recover anything. Can you see the WTO ordering Congress to cut a
check to Antigua, as reparations for a law Congress passed? I mean,
I can see them ordering it, but the likely response would be an
extended middle finger and several resolutions to withdraw from the
WTO.
I wonder if U.S. citizens will be able to take advantage of
the ruling to buy pirated CDs and movies from Antigua, or if the
RIAA and MPAA will pressure the federal government into banning
Internet and postal transactions with copyright violators who set
up shop in Antigua.
It'll be easier for them to write a law stating that they can
simply seize the assets of people found to own Antiguan bootlegs.
Congress will pass it.
How's about: Antigua now has the right to board private U.S. yachts, steal the jewelry, toss the owners overboard and sell the vessels to the highest bidder?
ed: the literalists will win this battle yet. Why can't copyfreaks just say "infringement"? Well damn it, if I had any downloaded crap, I'd call it "privateered" content.
>>How's about: Antigua now has the right to board private
U.S. yachts, steal the jewelry, toss the owners overboard and sell
the vessels to the highest bidder?
We've been doing that for over a decade...
now we have to pirate software over two coconut shells ans some
fishing line!
Site comments/questions:
Media Inquiries and Reprint Permissions:
(310) 367-6109
Editorial & Production Offices:
3415 S. Sepulveda Blvd.
Suite 400
Los Angeles, CA 90034
(310) 391-2245