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#1
11-08-2007, 03:20 PM
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Antigua\'s WTO Case Getting Some Coverage
www.rollcall.com/issues/53_56/vested/20875-1.html
Tiny Antigua Roils U.S. IP November 7, 2007 By Kate Ackley, Roll Call Staff With a decision likely just weeks away in a multiyear Internet gambling dispute between the United States and the Caribbean island nation of Antigua and Barbuda, lobbyists who are keeping a close eye on the case are putting their cards on the table. The international dispute, brought by Antigua at the World Trade Organization in 2003 over a U.S. ban on offshore gambling, could impact several industries — not just gaming. That’s because Antigua, which has won its final appeals at the WTO, has moved on to the punishment phase and has asked for retaliation of a most unusual kind: the right to violate WTO rules on intellectual property. In technical jargon, Antigua is waiting for the WTO to say whether the country can suspend its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights, known as TRIPS. Antigua is calling for $3.4 billion in sanctions. Groups like the Motion Picture Association of America and the Recording Industry Association of America, which represent sectors that rely heavily on intellectual property rights, are keeping a close watch on the case and making their voices heard on Capitol Hill and with the administration. Sources said in some cases the groups are leaning on the United States trade representative to settle the matter directly with Antigua before their copyrights could come into jeopardy. Perhaps no lobbyists in town are watching it more closely than the team at Black Swan LLC, a new lobbying enterprise that represents the Antigua Online Gaming Association, a group that first encouraged its government to bring the case to the WTO and the industry that could profit the most from the case..... ....The Poker Players Alliance, which opposes a recently enacted online gambling ban, said it has used the Antigua case in its own lobbying arguments. “The remedy that Antigua is seeking is really troublesome,” said the group’s lobbyist, John Pappas. “It’s remarkable that the U.S. has let it get so far down the road.” PPA supports a bill sponsored by House Financial Services Chairman Barney Frank (D-Mass.), the Internet Gambling Regulation and Enforcement Act, which would regulate Internet gambling, inasmuch as it allows for licensed and regulated Internet poker. “We believe the Antigua case could be the driving force to passing a Barney Frank-style bill,” Pappas said. “Certainly we don’t want the U.S. to suffer any trade sanctions. If the [Frank] bill passed, they would remove their request for sanctions.” The Frank bill also has champions from the GOP side including Rep. Ron Paul (R-Texas). Pappas said the Antigua case is part of the Poker Players Alliance’s “standard talking points” when meeting with Members. “It’s eye-opening for some Members. There are Republicans and Democrats alike who are pro-free-trade, who never realized that our stance on Internet gaming has gotten us into an international bind.” Shore called the Frank bill “a tremendous first step” and added that the lobbyists are working with Frank’s and Paul’s staffs on the details. “We appreciate everything Chairman Frank and Congressman Paul have done to advance this issue,” he added. 
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#2
11-08-2007, 03:22 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
somewhere on www.bna.com
Bill Legalizing Internet Gambling Could Be Solution to WTO Problem, Panelist Says A bill (H.R. 2046) introduced by Rep. Barney Frank (D-Mass.), chairman of the House Financial Services Committee, to legalize Internet gambling is a rather elegant solution to resolve the United State's stance on its World Trade Organization commitments, Brian Pomper of Parven, Pomper, Schuyler Inc. said Nov. 7. After several negative rulings in the past few years by WTO dispute settlement panels, the United States decided this year to alter its WTO services schedule in order to exclude market access commitments on Internet gambling (32 ITD, 02/16/07) . However, the move has provoked criticism for setting a precedent that other WTO members could use to rescind negotiated commitments. The Frank bill would allow individual states to determine the extent of gambling permitted; allow Internet gambling to occur on the same basis as domestic gambling, removing arguments that U.S. laws are discriminatory; put into place appropriate protections instead of driving Internet gambling into illegal channels, and raise monies that could fund Capitol Hill priorities, Pomper said (81 ITD, 04/27/07)......
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#3
11-08-2007, 03:52 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
[ QUOTE ]
somewhere on www.bna.com Bill Legalizing Internet Gambling Could Be Solution to WTO Problem, Panelist Says A bill (H.R. 2046) introduced by Rep. Barney Frank (D-Mass.), chairman of the House Financial Services Committee, to legalize Internet gambling is a rather elegant solution to resolve the United State's stance on its World Trade Organization commitments, Brian Pomper of Parven, Pomper, Schuyler Inc. said Nov. 7. After several negative rulings in the past few years by WTO dispute settlement panels, the United States decided this year to alter its WTO services schedule in order to exclude market access commitments on Internet gambling (32 ITD, 02/16/07) . However, the move has provoked criticism for setting a precedent that other WTO members could use to rescind negotiated commitments. The Frank bill would allow individual states to determine the extent of gambling permitted; allow Internet gambling to occur on the same basis as domestic gambling, removing arguments that U.S. laws are discriminatory; put into place appropriate protections instead of driving Internet gambling into illegal channels, and raise monies that could fund Capitol Hill priorities, Pomper said (81 ITD, 04/27/07)...... [/ QUOTE ] Here is the problem on relying too much on the WTO action. How Much Is NOT Having Internet Gambling Worth? "But the WTO also ruled that the U.S. was justified in being afraid of remote wagering. It is only because federal law allows bets on horse races across state lines that it is discriminating against Antigua. So the only damages should be for bets on horse races that Antigua's licensed race books cannot take from the U.S." D$D
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#4
11-08-2007, 03:54 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
That's not the "the problem". That's an opinion (and your quote is taken a bit out of contxt of Rose's article). There's a difference.
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#5
11-08-2007, 03:55 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
Not only is this a positive article for us poker players I am more impressed everyday with how often the PPA is mentioned in media articles..It illustrates to me that the PPA is working hard and is being noticed...
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#7
11-08-2007, 04:33 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
Been pretty awesome how much press we have been getting since the fly in, this week alone two articles in roll call, the politico article and even a picture of John Pappas from a meeting he took Greg Raymer to in "The Hill". Also have more good news to announce later once it has been confirmed.
Bryan Spadaro Membership Relations, Manager Poker Players Alliance
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#8
11-08-2007, 05:38 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
"But the WTO also ruled that the U.S. was justified in being afraid of remote wagering. It is only because federal law allows bets on horse races across state lines that it is discriminating against Antigua. So the only damages should be for bets on horse races that Antigua's licensed race books cannot take from the U.S."
I first though this too, but after a little further research (with help from Jay Cohen), this is not the WTO ruling. That the US allows some "remote wagering" on horses and fantasy sports and state lotteries, is the reason the WTO rejected the "morals" defense put forward by the US. Once the morals defense was rejected, the ruling applied to ALL remote gambling, not just the horse racing, etc... Think of it this way: Muslim WTO members typically ban imports of alcohol, they have a "morals" defense because they also ban any domestic production of alcohol. But if one of those countries was to suddenly let a domestic company produce only rum, they would lose the morals defense and could not argue that they should only have to let in foreign rum but not foreign vodka, scotch, wine, etc... Skallagrim
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#9
11-08-2007, 06:31 PM
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Re: Antigua\'s WTO Case Getting Some Coverage
TE, is there any way to get the PPA off its stance that the IGREA would solve US lack of compliance with the WTO Antiqua decision on remote gambling. Jay has repeatedly stated that this bill does not comply with the WTO decision in any manner.
What the PPA needs to press for is repeal of the UIGEA and exemption for online gambling from federal and state anti-gambling laws to comply with the WTO decision. Or the PPA can just opine that Congress needs to comply with the WTO decision. I'm sorry, but every time I read that the IGREA is an act to comply with the WTO decision, I just cringe about the ignorance of our press and our politicians. At least the PPA does not have to join them. BTW, Skall, a very good explanation of the WTO ruling.
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