blueflyer
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Joined: Tue Jan 31, 2006 4:17 am

Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 7:25 am

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...
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Kiwirob
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 10:07 am

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.
 
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zkojq
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 10:56 am

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.
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yfbflyer
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 4:28 pm

Why would a sovereign country be held to the laws of another sovereign country?
 
cmf
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 4:43 pm

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.
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Kiwirob
Posts: 10152
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 5:03 pm

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.
 
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Francoflier
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 6:07 pm

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?
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WestJet747
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 6:11 pm

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?
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Polot
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 6:21 pm

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.
 
cmf
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 7:46 pm

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.
Don’t repeat earlier generations mistakes. Learn history for a better future.
 
Bongodog1964
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RE: Antigua To Ignore US Copyright... Legally?

Sun Jan 27, 2013 8:18 pm

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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