Antigua Says It Will Certainly, Absolutely, Definitely Use WTO Permission To Ignore US Copyright And Set Up A Pirate Site, Maybe

from the don't-make-us-do-this dept

Fri, Dec 2nd 2016 1:11pm — Glyn Moody

One of the longest-running, and most extraordinary, sagas on Techdirt concerns the island of Antigua. Over 13 years ago, the country filed a complaint at the World Trade Organization (WTO) over the US ban on online gambling, which Antigua said violated a trade agreement between the two countries. Long story short, the WTO not only agreed, but said that the Caribbean country could ignore US copyrights, and set up a WTO-authorized pirate site to obtain the $21 million in WTO sanctions that the US was refusing to pay as compensation for blocking Antigua's online gambling sites. In 2013, Antigua was still saying it was definitely going to do this if it couldn't come to some agreement with the US on the matter, and the US was still refusing to settle.

Three years later, Antigua -- officially known as Antigua and Barbuda -- has just told a meeting of the WTO's Dispute Settlement Body (DSB) the following:

Antigua and Barbuda now informs the DSB that, if an appropriate and beneficial settlement is not reached with the US by year-end, the government will be compelled to take action to enforce the suspension of copyright on the sale of US intellectual property, consistent with the award of the DSB.

That's from a copy of Antigua's statement (pdf), obtained by IP Watch. The spokesperson claims the country has suffered serious losses as a result of the US gambling ban: Over that entire 12-year period, my small country with a Gross Domestic Product of just $1 billion has been deprived of trade revenues which now exceed $250 million.
The statement points out that for the US, $250 million represents just 0.0003% of its annual GDP, and that over the last 12 years, the US has enjoyed a trade surplus of $1 billion with Antigua. Moreover: While the US continues to act in contradiction of the rulings and recommendations stipulated by DSB concerning my country, it remains the most active user of the institution's Dispute Settlement System.
As a result of the continuing US intransigence, Antigua feels it has no choice but to take the momentous step of absolutely definitely setting up that WTO-authorized piracy site -- just like the last time it said that.

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DSB Statements 23 11 16 1 (PDF)DSB Statements 23 11 16 1 (Text)

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Filed Under: antigua, copyright, piracy, trade, us, wto

20 Comments

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Vidiot (profile), 2 Dec 2016 @ 12:59pm

Cool Runnings meets Kim Dotcom... popcorn time!
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Roger Strong (profile), 2 Dec 2016 @ 1:25pm

Careful....
This act of war could lead to the American invasion of Montserrat.
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Anonymous Coward, 2 Dec 2016 @ 1:34pm

Just do it already.
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Anonymous Coward, 2 Dec 2016 @ 1:37pm

cheap bluster...
Come at America Bro!

Will believe it when I see it!
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Chris-Mouse (profile), 2 Dec 2016 @ 1:48pm

A more effective solution might be to simply get the WTO to ban the USA from using the WTO dispute settlement system until such time as the USA has complied with all orders of that system.
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Anonymous Coward, 2 Dec 2016 @ 1:52pm

Since when does the US abide by anything the WTO rules that penalizes the US. That's right folks the US never abides.
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Baron von Robber, 2 Dec 2016 @ 2:06pm

I think I know where Pirate Bay should move its servers. :)
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Anonymous Coward, 2 Dec 2016 @ 2:54pm

Re:
If the Pirate Bay does that I am sure that Hollywood will have one major nuclear hissy fit storm and making demands to the US government to take very drastic action against the country.
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Anonymous Coward, 2 Dec 2016 @ 3:30pm

Re:
...but the dude does
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Hugo S Cunningham (profile), 2 Dec 2016 @ 3:32pm

Limited infringement could divide US opinion
I oppose on-line gambling unless it includes protection and reimbursement for those victimized by gambling addicts, eg employers, spouses, dependent children, etc. Having said that...

Antigua could attract some American support by targeting a niche: films that *should* be in the public domain, ie. more than 70 years old.
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UniKyrn, 2 Dec 2016 @ 4:16pm

Bullwinkle: "Hey Rocky, watch me pull a threat out of my hat!"

Rocky: "Again?"

Bullwinkle: "This time for sure! Presto!"

*thud*

Bullwinkle: "I need to get a better hat."
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Anonymous Coward, 2 Dec 2016 @ 5:01pm

Re: Limited infringement could divide US opinion
But yet drugs are available ANYWHERE. There is protection or reimbursement for their activities? Gambling is a much lesser evil as the recent legalization is showing. An American constitutional right should be for people spend their money as they see fit. The ONLY reason this is an issue is because the US gov't cant get sink their teeth in and get a cut as easily like they can as you're walking out of a casino or trying to collect your lottery winnings.
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Anonymous Coward, 2 Dec 2016 @ 6:45pm

Price Hike
Just hike the price on .ag and .bb top level domains and sell to torrent, file locker, and stream providers. FU(SA)!
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Anonymous Coward, 3 Dec 2016 @ 12:21am

Sure they can set up a pirate site, but the spooks in the US will either take it down or target anyone that visits it. Gambling is a vice, and as such the US government wants a cut, or they take their ball and go home. I will take my chances in Atlantic City or Las Vegas, or on most any Indian Reservation here in the states for that matter. The system is rigged enough towards the house at a brick and mortar casino, let alone on the www.
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Padpaw (profile), 3 Dec 2016 @ 3:36pm

Maybe they are worried they will get bombed into oblivion for refusing to bow down to the US government. Tends to happen alot.
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That One Guy (profile), 3 Dec 2016 @ 7:09pm

Re: Re:
Hollywood will have one major nuclear hissy fit storm and making demands to the US government to take very drastic action

So business as usual then?
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Anonymous Coward, 5 Dec 2016 @ 3:14am

This raises an interesting question.

If Antigua hosts a filesharing site to make up for lost revenue from the Americans...

Given the UKs hard-on for website blocking, if the UK blocked said site, would they be forced to pay Antigua too?
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Anonymous Coward, 5 Dec 2016 @ 7:33am

Re: Limited infringement could divide US opinion
It's only okay if they're willing to accept responsibility for other people's actions then. That's brilliant.
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Wendy Cockcroft, 6 Dec 2016 @ 5:48am

Re:
What do you think ISDS is for? They're not using WTO settlement any more, they're using supra-national tribunals.
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Wendy Cockcroft, 6 Dec 2016 @ 5:50am

Re: Re: Re:
With drones. Maybe Our Donald, Who Art Not In The White House Yet will find a place to practice nuking on.
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