SALON

Tuesday, Jan 29, 2013 12:15 AM UTC

Antigua gets OK to become copyright haven

By

Topics: From the Wires,

LONDON (AP) — Americans call it piracy. Antiguans call it justice.

The islands of Antigua and Barbuda are threatening to strip intellectual property protections from American goods as part of a long-running trade dispute over the U.S. embargo on the tiny Caribbean nation’s online gambling industry.

U.S. officials say the proposed copyright haven – whose broad outlines were approved Monday at the World Trade Organization in Geneva – amounts to “government-authorized piracy.” But Antiguans, who’ve won a series of legal victories against the U.S. at the international trade body, reject any suggestion that they’re pirates.

“We have followed the rules and procedures of the WTO to the letter,” Antigua’s high commissioner to London, Carl Roberts, said in a statement Monday. “Our little country is doing precisely what it has earned the right to do under international agreements.”

The U.S. and Antigua have been tussling for years over the ability of Americans to use online casinos based in the Caribbean nation. U.S. laws have long been interpreted to mean that Internet gambling is illegal if it crosses state lines.

The World Trade Organization, however, has come down on Antigua’s side. In 2007, it allowed the islands to draw $21 million a year’s worth of “nullification or impairments” from the United States as a penalty for the continuing refusal of the U.S. to allow American customers to place their online bets in Antigua.

Antiguan officials say they could make up the money through the operation of a copyright haven, although what that might look like and what its scope would be remains unclear. Antiguan officials have kept details vague and the move has little precedent.

Observers have suggested, for example, a subscription service to access copyright-free American music, or a pay-per-download site that charges pennies for Hollywood hits.

Mark Mendel, a lawyer for Antigua’s government, cautioned that whatever ends up being set up, it wouldn’t be an Antiguan version of The Pirate Bay, the free-for-all file sharing site whose name has become synonymous with illegal downloads.

“We aren’t going to be flaunting the rules,” he said in a telephone interview last week. “It’s not piracy if you have the right to do it.”

Right or wrong, American businesses aren’t happy with the idea. Gina Vetere, with the U.S. Chamber of Commerce’s intellectual property center, said such a move would only exacerbate the dispute and “sour the business environment.”

The haven may still never see the light of day; Mendel said Antigua’s goal remains a negotiated settlement with U.S. authorities over the gambling dispute.

Even if such a haven were set up, international fans of free downloads may want to exercise caution. Antiguans may be allowed to download freely, but for those outside the country the legal regime remains murky.

Nevertheless, the notion of a country of 89,000 people standing up to the powerful United States on intellectual property matters has caught the imagination of many – especially those who believe that U.S. copyright rules are too restrictive.

“It’s time for small countries to be treated fairly in these organizations,” said Mendel.

More By Raphael Satter.

Next Article

Related Stories

More Related Stories

Featured Slide Shows

The week in 10 pics

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11
  • Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
    Credit: AP/LM Otero

  • Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
    Credit: AP/Matt Rourke

  • A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
    Credit: AP/Jenny Aicher

  • Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
    Credit: AP/Molly Riley

  • Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
    Credit: AP/J. Scott Applewhite

  • Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
    Credit: AP/Carolyn Kaster

  • O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
    Credit: AP/Las Vegas Review-Journal/Jeff Scheid

  • Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
    Credit: AP/NASA/Chris Hadfield

  • When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
    Credit: AP/Jacquelyn Martin

  • A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
    Credit: AP/The Duluth News-Tribune/Clint Austin

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11

Related Videos

Comments

 0 Comments

Comment Preview

Your name will appear as username

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

follow salon

Most Read

Popular on Reddit

links from salon.com

vote
Journalists file suit against Manning's trial secrecy: Plaintiffs including Glenn Greenwald and Julian Assange demand press, public access to trial and documents
159 points160 points | comment
vote
Kaitlyn Hunt refuses plea offer, will go to court over high school relationship - The 18-year-old rejected a deal that would have labeled her a sex offender and placed her under house arrest
142 points143 points | 96 comments
vote
Report: Nearly a quarter of Americans struggle to afford food
137 points138 points | 12 comments
vote
Kaitlyn Hunt refuses plea offer, will go to court over high school relationship - The 18-year-old rejected a deal that would have labeled her a sex offender and placed her under house arrest
142 points143 points | 59 comments
vote
Ted Cruz against the world - How the Junior Senator is igniting the GOP civil war
80 points81 points | 21 comments

From Around the Web

Presented by Scribol
listener_new_rect The Listener: Chekhov's story mirrors Russia's own

Recommendations