Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Music Government Media The Internet Politics

WTO Rules on Internet Gambling Case 171

doggod writes "The Associated Press reports today that the WTO has finally ruled on Antigua's complaint against the US over online gambling. The complaints stems from what Antigua sees as unfair trade practices relating to the US passage last year of a law that forbids banks from handling money to and from online casinos. The amount they awarded is significantly less than Antigua asked for. If you download a copyrighted song from a server in Antigua, will that be an ironclad defense that will make you invulnerable to future attacks from the RIAA?"
This discussion has been archived. No new comments can be posted.

WTO Rules on Internet Gambling Case

Comments Filter:
  • Ironclad? (Score:2, Insightful)

    by Anonymous Coward on Friday December 21, 2007 @02:36PM (#21782196)
    Aren't we assuming that the US would respect the decisions of the WTO in supposing that we'd have a defense against infringement just because of a pesky international law we agreed to?

    Somehow, I don't see that happening. I'm betting the **AA-holes would go after you, anyhow.
  • by darthfracas ( 1144839 ) on Friday December 21, 2007 @02:37PM (#21782210)
    can't wait for the current administration to take its ball and go home because people can do what they want with their money. Bill Frist got the provision into the port security bill for two reasons... 1)he knew it would pass no matter what was in it, and 2)Harrah's is one of his largest donors. translation, "play poker in our card rooms, or you can't play at all."
  • Re:nahhh (Score:3, Insightful)

    by Necrotica ( 241109 ) <cspencer@nosPAM.lanlord.ca> on Friday December 21, 2007 @02:40PM (#21782284)
    It's a token victory. It just means that that if they do sell mp3 without paying royalties, US won't be able to use WTO to impose sanctions on them. But US doesn't need WTO to impose sanctions. It can just do it. I am not a lawyer.

    "Can" implies legal right. But make no mistake, the US WILL just do it.
  • by Anonymous Coward on Friday December 21, 2007 @02:46PM (#21782382)
    WRTFA (Without Reading the Fucking Article), I'd say nothing at all.

    Try it some day. Part of the "relief" provided by the WTO to Antigua is the right to ignore US copyrights (given that international enforcement of copyright laws is based on treaties backed by the WTO, they have the power to do this).

    I suspect that anyone in the US downloading mp3s from Antigua will be "shocked" to discover that this only covers people in Antigua, not them.
  • by Anonymous Coward on Friday December 21, 2007 @02:51PM (#21782436)

    The office of the U.S. Trade Representative noted that Antigua was seeking sanctions worth more than three times the size of its entire economy.

    "Antigua's claim was patently excessive," it said in a statement. "The United States is pleased that the figure arrived at by the arbitrator is over 100 times lower than Antigua's claim."


    Yeah, but, the online gambling might've allowed Antigua's economy to grow 10 or 20 or 30 times it's current size. That's like saying it's unreasonable to increase a prisoner's rations from the crust of a slice of bread to 3 square meals a day because it's 10 times the food he's currently getting and it's excessive.

    I'm no fan of gambling, but every time I see this gambling case in the news, I can see the obvious hypocrisy in play here. This is simply the US trying to protect the domestic gambling industry. If gambling were really that bad, the US would outlaw it altogether. But to say that it is legal for people to gamble here, but not with foreign operators, is simply disgusting.
  • Um, What?... (Score:5, Insightful)

    by whisper_jeff ( 680366 ) on Friday December 21, 2007 @02:54PM (#21782486)
    If you download a copyrighted song from a server in Antigua, will that be an ironclad defense that will make you invulnerable to future attacks from the RIAA?

    Sorry, but what does that have to do with the the WTO, Antiqua, and the US ban on online gambling? And, if it does have anything to do with the topic(s) of the article (at work - busy - no time to read TFA right now), then it would be nice if the summary posted to /. made the connection clear so this statement didn't come completely out of left field...
  • Oh yeah? (Score:2, Insightful)

    by RandoX ( 828285 ) on Friday December 21, 2007 @03:18PM (#21782776)
    In other news, the White House has released a statement demanding that Antigua halt its WMD programs...
  • by ThePlague ( 30616 ) * on Friday December 21, 2007 @03:23PM (#21782824)
    Then how about sell a subscription service where you can stream any song you want anytime you want from Antiguan servers? The songs are stored there, so you're not making a copy. Unless, of course, you copy the stream, or "circumvent" their stringent protections against copying songs directly. Wink wink, nod nod.
  • by SEE ( 7681 ) on Friday December 21, 2007 @03:38PM (#21783038) Homepage

    Even though the US Constitution ranks the treaty as being the supreme law of the land (theoretically above anything the executive, legislative or judiciary can do)
    Your parenthetical is completely wrong. Treaties are not necessarily any more the "supreme law of the land" than any other law of the United States. The supremacy law privileges the Constitution, laws, and treaties of the United States over the laws of the states, but it does not (clearly) rank treaties over laws. (It reads: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.")

    Since the Constitution in its text does not (clearly) privilege treaties over laws, we have to look to the interpretation in the courts of the clause to see how laws and treaties interact. The interpretation in the courts is that laws and treaties are equal, and a ordinary act of Congress can repeal a treaty.

    But, even if we assume that treaties do outrank laws, it still doesn't matter in this case. Under the Constitution, a treaty requires the concurrence of two-thirds of the Senate. The United States Senate did not ratify the Uruguay Round GATT by a two-thirds majority; instead, both houses of Congress adopted it by majority vote as an ordinary law. So the WTO and trade rules pursuant to it are either in effet as ordinary laws in the U.S. (if the Uruguay Round GATT could be adopted as ordinary legislation, which is the traditional interpretation of the courts), or they are of no legal force (under the minority view that it must be adopted through the treaty procedure to have force).
  • WTF? (Score:3, Insightful)

    by DynaSoar ( 714234 ) on Friday December 21, 2007 @03:39PM (#21783050) Journal
    It's all because of Microsoft, so I for one welcome our new goat overlords because in Soviet Russia Linux runs YOU.

    The above is as relevant to the issue of an unfair practices lawsuit over banking as is the gratuitous insertion of a question about copyright.

    If the article can't stand on its own without throwing in an irrelevant hot button, it's not worth polluting the bit stream with it. I can see some such things getting by the editors, but there's so many of them that they must be selecting articles that have these.

    Maybe next time I submit an interesting but non-inflammatory article, I should spice it up with an otherwise useless mention of RIAA, MPAA, Microsoft and SCO.

    Oh, can I mention SCO, or does their bankruptcy proceedings prevent mentioning them on Slashdot?

    Yeah, like that.

    Mods notice: This is not a troll, because I mean it.
    It may have hurmorous elements (actually, it's sarcasm), but it's not intended to be funny.
    It is not flamebait, because it's not intended to elicit flames.
    It is in fact a flame itself. There is not mod marker for that.
    Mark it overrated if you like, but it's posted in all seriousness because of the lack of journalistic integrity when having same would cost nothing and produce a better publication.

    I will go back to banging my head against a brick wall now.

  • allofmp3.ag? (Score:1, Insightful)

    by Anonymous Coward on Friday December 21, 2007 @03:43PM (#21783112)
    So how long before allofmp3.ag shows up?

  • Re:nahhh (Score:5, Insightful)

    by mi ( 197448 ) <slashdot-2017q4@virtual-estates.net> on Friday December 21, 2007 @03:57PM (#21783332) Homepage Journal

    The same goes for other forms of "vice" like alcohol or sex. Try talking to a small US vineyard trying to sell to customers in other States.

    I was once dumbfounded by it being illegal for me to buy a bottle of wine in Massachusetts on Sunday. As I stood there arguing with the cashier, a girl behind me in line (in early twenties, seemingly "progressive", and without a Bible under her arm) expressed her support for the law. It went something like: "Yeah, it is a good idea for there being one day a week, when buying alcohol is illegal. I like it."

    She could not explain why and shut up, when I suggested, she avoids sex on Thursdays. But I remain puzzled, how a modern American can see fit to impose arbitrary and gratuitous limitations on others without a good and easily explainable reason.

  • Re:nahhh (Score:4, Insightful)

    by Best ID Ever! ( 712255 ) on Friday December 21, 2007 @04:18PM (#21783672)

    Try talking to a small US vineyard trying to sell to customers in other States.

    SCOTUS recently struck down state laws prohibiting protectionism against out-of-state vineyards if in-state vineyards are allowed to sell directly to consumers.

    This case is protectionism, pure and simple. Allowing multi-state lotteries, betting on horse racing, and betting on fantasy sports while denying other forms of gambling is not morally consistent with an anti-gambling position.

"The four building blocks of the universe are fire, water, gravel and vinyl." -- Dave Barry

Working...