There has been much discussion lately about the Caribbean island of Antigua and its neighboring Barbados, and their recent plan to sell US legally protected works without having to pay royalties to content owners. The Antiguan government has been preparing their new content distribution site for some time and is expected to debut to the public in the coming months. Will private companies be able to create their own online store in Antigua and around US copyright laws or the plan is limited to a line in state-sponsored store where the Antiguan government would collect and oversee the revenue generated by the site? Does the content of buyers from the United States able to legally access the content offered by Antigua online? To understand what options are available, we must go back to the origins of the trade dispute and how the country came to this creative remedy.
Back in 03, when the phones camera and a color display on mobile phones were just beginning to gain traction with consumers, the tiny island nation of Antigua was against the American plan to prohibit online gaming contesting the matter to the World trade Organization ( "WTO"). [1] the Antigua island nation benefited from the growth of the online gaming industry by hosting more than 0 industry companies employing up to 5% of its inhabitants, but also contributed so substantial in Antigua GDP. After criminal charges against US operators living in Antigua and threats to pursue other, the burgeoning online gaming industry Antigua suffered financial losses and significant employment.
Antigua's argument against the United States was the various federal and state laws against online gambling was a "total prohibition" on cross-border gambling services, violating previous trade commitments by the United States. The enforcement mechanism used by Antigua against the United States were the TRIPS ( "Aspects of Intellectual Property Rights related to Trade") agreement adopted by the World Trade Organization ( "WTO") in 1994. [2] TRIPS allowed the parties injured by unfair trade remedy against evil by the WTO. [3] After hearing both parties, the WTO concluded the United States has overstepped its bounds in 04, when the United States asserted that the works for an online gaming company was a criminal act, even when it occurs in jurisdictions where online gaming is legal. [4] In 01, during a first attempt to take action against online gambling, the United States pursued by the federal government a US citizen who moved to Antigua to set up an online casino site, out of the reach of US law. [5] patchwork of federal and state laws, including the Law on Travel (18 USC § 1952) read together with relevant state laws, the Illegal Gambling Business Act (18 USC § 1955), the Wire Act ( 18 USC § 1084), and several state laws were argued to violate the General Agreement on trade in services (GATS) and no exceptions to these rules applied. [6]
After Antigua prevailed at the WTO in 05, the US appealed the decision. While the Appeal Board overturned several minor points against the US, he maintained the general conclusion that injured US laws Antigua and the United States should change its online gambling laws to comply with GATS. [7] The US was given until April 3, 06 to review its laws that were the subject of a trade dispute, and the date has come and gone without the United States recommended changes to the relevant laws. The WTO's dispute settlement body finally concluded in 07 that the United States comply with the WTO recommendations and sought to impose sanctions. [8]
In December 07, a WTO arbitrator awarded aid in Antigua allowing it to suspend its obligations in the TRIPS to the United States in an amount not exceeding $ 21,000,000.00 per year. [9] This decision was unprecedented, because it was one of the first times an arbitrator or the WTO would allow a country to legally violate the intellectual property laws of another country by allowing the free distribution rights American movies, music and software. Because an online state-sanctioned infrastructure to monetize the violation of copyright has never been developed, the service has taken time to develop.
The United States cringed at the idea that they would have to allow a nation to sell its royalty -Free content with the agreement of the WTO, they decided to ignore the order and sought to undermine the decision in the different channels. Development of the distribution frame and slow motion within the bureaucracy of the WTO, so it was not until recently that the creative solution of trade disputes started receiving attention again.
A US trade representative warned Antigua earlier this year, saying "The United States requested Antigua to consider solutions that would benefit its economy. However, Antigua has repeatedly hampered the negotiations with certain unrealistic demands. " [10] In July 2013, while defying the will of the United States, Antigua began to move forward with WTO sanctions to gather damage attributable to the online gambling ban US . Specifically, a committee Remedies The WTO implementation of seven members was established to develop a framework to oversee and implement the free content store rights to Antigua and Barbuda could be compensated fairly. The infrastructure is designed to operate royalty free until it accumulates $ 21,000,000.00 per year retroactive to 06.
Only an online store operated by the state will be authorized, so that criminal or civil sanctions likely still exist if a person or company chooses to open an online store in Antigua selling works free free. Similar to the way it applied a ban against online gambling to US citizens, the United States probably find a way to restrict the purchase of content from the Antiguan online store so that most citizens United States could not benefit from the royalty free shop. So chances are, unless you take a trip to Antigua or are based outside the United States, then access to the free content rights can not be easily accessible to the general public of the United States.
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[1] Request for Consultations by Antigua and Barbuda, United States - Measures the supply of gambling and border paris, WT / DS285 / 1 (27 March 03)
[2] TRIPS Agreement on trade-Related aspects of intellectual property rights, April 15, 1994, Marrakesh Agreement establishing the World trade Organization, thE lEGAL TEXTS: thE rESULTS oF the URUGUAY ROUND MULTILATERAL TRADE nEGOTIATIONS dE 320 (1999), http: / /www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm
[3] DSU, the dispute settlement Rules Article 22.3: understanding on rules and procedures governing the settlement of disputes, Marrakesh Agreement establishing the World Trade Organization, Annex 2, thE LEGAL tEXTS :. ThE dE URUGUAY ROUND RESULTS dE MULTILATERAL TRADE NEGOTIATIONS 354 (1999)
[4] "measures aimed US- cross-border supply of gambling and Paris," Report of the WTO Panel, WT / DS / 285 / R (Nov. 10, 04).
[5] United States v. Jay Cohen, No. 00-1574 (2nd Cir. 00), to http://pub.bna.com/eclr/001574.htm.
[6] "measures aimed US- cross-border supply of gambling and paris." Report of the WTO Panel, 04.
[7] "United States-Measures affecting cross-border supply of gambling and paris "WT / DS285113," Award "(19 August 05)
[8] Panel Report on United States -... measures the Cross-border supply of games and paris, ¶ 7.1, WT / DS285 / RW (30 March 07)
[9] decision of the arbitrator, US -. measures cross-border supply of gambling services and paris , ¶ 6.1, WT / DS285 / ARB (21 December 07).
[10] warns against piracy licensed by the government, Doug Palmer, Reuters News, 28 January 2013, http. // www.reuters.com/article/2013/01/28/us-usa-antigua-piracy-idUSBRE0R12G20130128
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