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Antigua To Ignore US Copyright... Legally?  
User currently offlineblueflyer From United States of America, joined Jan 2006, 4073 posts, RR: 2
Posted (1 year 9 months 14 hours ago) and read 1603 times:
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Antigua and Barbuda is seeking permission from the WTO to run a web site where anyone will be able to trade US copyrighted material legally, for a small monthly fee. As long as they don't exceed $21 millions a year, the web site will not be required to pay copyright fees, and this, again, in complete legality. The likelihood that the WTO will give its blessing is high.

How is that possible? Flash back to 2003. Antigua sued the US at the WTO over the US's ban on using credit cards for online betting (apparently a sizable chunk of the island's GDP), claiming it was against free trade provisions regarding leisure services. Antigua won its case in 2004 and the US lost an appeal in 2005. In 2007, the WTO found the US had made no efforts whatsoever to bring its laws in compliance and Antigua was granted permission to impose trade sanctions in the form of ignoring US copyrights and trademarks for up to $21 millions per year.

The government of Antigua points out that their move to seek WTO permission for their web site doesn't mean the web site will go up immediately, however, so it may just be a step to pressure the US into a serious settlement (the US has offered an annual payment of $500,000 so far).

If this works, look for Canada, the EU, Australia, Costa Rica and Macau to try the same tactic as they won essentially the same victory. Lots of potential Megaupload the US can't stop...


I've got $h*t to do
10 replies: All unread, jump to last
 
User currently offlineKiwiRob From New Zealand, joined Jun 2005, 7565 posts, RR: 4
Reply 1, posted (1 year 9 months 11 hours ago) and read 1558 times:

Quoting blueflyer (Thread starter):
Lots of potential Megaupload the US can't stop...

Kim Dotcom has a new site up and running already MEGA, the US failed in their bit to extradite him as well.


User currently offlinezkojq From New Zealand, joined Sep 2011, 1271 posts, RR: 1
Reply 2, posted (1 year 9 months 10 hours ago) and read 1528 times:

Looks like this wouldn't have happened had the US Govt paid up originally.

Quoting blueflyer (Thread starter):
Lots of potential Megaupload the US can't stop...

The case against Megaupload is so full of holes it isn't funny. Total disgrace to our police force.

Quoting KiwiRob (Reply 1):
the US failed in their bit to extradite him as well.

They will keep trying. Ironically the actions against him have made him significantly more well known and will probably make him richer aswell. And that is before any settlements he will likely get from suing the NZ Police/US DOJ for their wrongdoing.



Air New Zealand; first to fly the Boeing 787-9. ZK-NZE, NZ103 AKL-SYD, 2014/08/09. I was 83rd to board.
User currently offlineyfbflyer From Canada, joined Sep 2006, 299 posts, RR: 1
Reply 3, posted (1 year 9 months 5 hours ago) and read 1417 times:

Why would a sovereign country be held to the laws of another sovereign country?

User currently offlinecmf From , joined Dec 1969, posts, RR:
Reply 4, posted (1 year 9 months 4 hours ago) and read 1407 times:

Quoting yfbflyer (Reply 3):
Why would a sovereign country be held to the laws of another sovereign country?

They are not. They are held to international agreements.


User currently offlineKiwiRob From New Zealand, joined Jun 2005, 7565 posts, RR: 4
Reply 5, posted (1 year 9 months 4 hours ago) and read 1377 times:

Quoting zkojq (Reply 2):
And that is before any settlements he will likely get from suing the NZ Police

at best he'll get an apology from the Police, nothing more.


User currently offlinefrancoflier From France, joined Oct 2001, 3790 posts, RR: 11
Reply 6, posted (1 year 9 months 3 hours ago) and read 1344 times:

Quoting blueflyer (Thread starter):
s long as they don't exceed $21 millions a year, the web site will not be required to pay copyright fees,

I didn't understand that part... Less than $21 Millions a year of what? Revenue, amount of copyrighted material shared?



Looks like I picked the wrong week to quit posting...
User currently offlineWestJet747 From Canada, joined Aug 2011, 1875 posts, RR: 10
Reply 7, posted (1 year 9 months 3 hours ago) and read 1338 times:

Quoting blueflyer (Thread starter):
If this works, look for Canada, the EU, Australia...to try the same tactic as they won essentially the same victory.

Not an ice cube's chance in hell this would happen. The US is an important trading partner for Australia, the EU, and especially Canada (80%). They won't piss off the US by intentionally contravening their copyright laws.

Quoting zkojq (Reply 2):
The case against Megaupload is so full of holes it isn't funny.

It's not so much full of holes as it is just a shady case. The rule of law seems secondary to the reactionary vendetta the US is on.

Quoting cmf (Reply 4):
They are held to international agreements.

I assume that Antigua is trying to skirt around the Berne Convention. If that's the case, I don't see them being successful, it's too rock solid and is adhered to by just about every other country on the planet. What would make Antigua so special?



Flying refined.
User currently offlinePolot From United States of America, joined Jul 2011, 2259 posts, RR: 1
Reply 8, posted (1 year 9 months 3 hours ago) and read 1327 times:

Quoting WestJet747 (Reply 7):
Not an ice cube's chance in hell this would happen. The US is an important trading partner for Australia, the EU, and especially Canada (80%). They won't piss off the US by intentionally contravening their copyright laws.

Not only that, but they happen to take copyright laws seriously- I don't think they would put themselves in a position where it can appear that they condone trading copyrighted material in questionably ethical (albeit legal) ways. Antigua couldn't care less.


User currently offlinecmf From , joined Dec 1969, posts, RR:
Reply 9, posted (1 year 9 months 1 hour ago) and read 1293 times:

Quoting WestJet747 (Reply 7):
I assume that Antigua is trying to skirt around the Berne Convention. If that's the case, I don't see them being successful, it's too rock solid and is adhered to by just about every other country on the planet. What would make Antigua so special?

I have no idea how they address the international agreements they have made. I know they do not need to follow the laws of other countries.


User currently offlinebongodog1964 From United Kingdom, joined Oct 2006, 3638 posts, RR: 3
Reply 10, posted (1 year 9 months 1 hour ago) and read 1279 times:

To a small country like Antigua the sort of money mentioned is significant, and on the face of it well worth having. The problem however is the downside of upsetting a country that provides a lot of income. If the US cruise ships stay away and the passengers stop arriving via AA and Continental that could cost a lot more.

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