About the WTO case

Jay Cohen · #1 10-02-2006, 01:32 AM

I see there is some chatter lately about Antigua's WTO case. Just to bring you up to date. Last Monday Antigua filed their brief with the Compliance Panel. I haven't read it since it's not yet public. But I have a good idea what it says.

It says the US has done nothing to come into compliance, not a thing. The only thing they have done is introduce bills that go against the WTO ruling. Last year the US argued before an arbitrator that it needed 2 to 3 years to come into compliance because it was so complicated. They were only given around 10 months. When the deadline passed, the US told the WTO they were in compliance since the WTO misinterpreted their laws and they didn't have to do anything. I can't make this up.

Anyway, this should be the easiest compliance issue they have ever heard. Normally the country has done something, and the complaining country is saying it's not enough. Here, they have done absolutely nothing.

I'll post the latest brief or link to it once it becomes public. In the meantime go to www.AntiguaWTO.com for details. It may need some updating but most of the core material is available.

The US gets more out of the WTO than any other country. They have always complied with WTO decisions...eventually. The world and in particular developing nations are watching this case closely. The US is always pushing them to join the WTO and telling them it's a level playing field. Major countries are also watching, they want to know why they should comply with adverse decisions if the US won't?

What can Antigua do besides bring international pressure? I am told there is precedent for the WTO to authorize Antigua to violate copyrights and patent protections until they are made whole. That may be an avenue they pursue. I was told they granted it once before and the US quickly came into compliance.

On the merits, Antigua's case was a home run, Frist's Fatwa just gave them a grand slam.

Anders · #2 10-02-2006, 01:41 AM

This is a happy thing.

bkellog1 · #3 10-02-2006, 01:42 AM

About how long will the Compliance Panel take to rule?

Zele · #4 10-02-2006, 01:49 AM

Thanks very much for this update, Jay. I didn't know about the possibility of retaliatory copyright/patent violation.

Anders · #5 10-02-2006, 01:50 AM

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Thanks very much for this update, Jay. I didn't know about the possibility of retaliatory copyright/patent violation.

[/ QUOTE ]

Same here. I will buy dozens of Antigua brand THE LION KING dvd's in protest, if this happens.

bkellog1 · #6 10-02-2006, 02:25 AM

Oh my God. Party is going to fall within the week

Jay Cohen · #7 10-02-2006, 08:26 AM

[ QUOTE ]
About how long will the Compliance Panel take to rule?

[/ QUOTE ]

It is about 90 days from Antigua's filing. Unlike US courts, the delays in WTO courts are few and when they are granted they are relatively short.

antneye · #8 10-02-2006, 08:48 AM

This may fall inline with my theory of US trying to premptively crush Europena market before going in themselves. If they know they will have to comply with the WTO and legalize here, why not try to destroy competing markets before propping up Sand.com, or Harrahs.com.

[censored] sneaky bastards.

ginko · #9 10-02-2006, 09:06 AM

As long as online poker remains for US players in any shape or form I will be happy.

This is good news, and I hope it works.

PocketAces · #10 10-02-2006, 08:39 PM

And why would the U.S. care if Antigua violates U.S. intellectual property or otherwise imposes countervailing sanctions on the U.S.? The U.S. economy is so huge in comparison to Antigua's that that effect on the U.S. would be marginally above zero.