US Ignores Unwelcome WTO IP Rulings

Eye Log writes "The United States is a big fan of leaning on other countries to tighten IP and copyright protection, but has a tendency to ignore its own obligations when it doesn't get its way. 'Two ongoing cases illustrate the point. First, the European Union is pushing for the US to change a pair of rules that it calls "long-standing trade irritants." Despite World Trade Organization rulings against it, the US has not yet corrected either case for a period of several years... Apparently, it's easy to get hot and bothered when it's industries from your country that claim to be badly affected by rules elsewhere. When it comes to the claims of other countries, though, even claims that have been validated by the WTO, it's much easier to see the complexity of the situation, to spend years arguing those complexities before judges, and to do nothing even when compelled by rulings.'"

Proper syntax

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<sarc>Yeah, but everyone knows that Irish music sucks so its just not the same as when people copy Brittney Spears.</sarc>
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Re:Proper syntax

no, no, no! use the "tone" attribute on the "comment" tag!

And you are surprised because ... ?

Given the way this administration has been handling Foreign Policy, this shouldn't come as a surprise to anyone ...

Re:And you are surprised because ... ?

Actually, this has next to nothing to do with this or any Administration unilaterally ignoring WTO rulings. The issues raised in the article have to do with laws passed by the Congress of the United States. Without the Congress of the United States repealing those laws, the current (or indeed, any future) Administration has no power to do anything about these WTO rulings.

Re:And you are surprised because ... ?

I don't think that's flamebait at all: US corps act in their own interest exclusively, with no concern for "fairness". That's even a legal requirement of the directors and officers of a corp.

Of course a corporation uses it's influence to try to get favorable WTO rulings enfored with an iron fist, and unfavorable rulings delayed or ignored. That's how they're supposed to act. Ideally congresscritters would care about the people they represent, but it's hardly news that they instead care about they corporations that they represent.

I disagree that the "US government considers themselves to be kings of the world and that their laws and points of view should prevail over everything and everyone else", as the "US government" isn't a person, it's composed of people who are just trying to do what's best for their campaign contributers.

Re:And you are surprised because ... ?

US corps act in their own interest exclusively, with no concern for "fairness". That's even a legal requirement of the directors and officers of a corp.

Except that this isn't a "corp", it's the fscking US Government

It's hypocritical for representatives of the US government to lambaste other countries for WTO "violations", when the US Government turns a blind eye to infringement happening in their own country.

Either the US government is for strict interpretation and enforcement or it's not. Pick one.

Re:And you are surprised because ... ?

It's hypocritical for representatives of the US government to lambaste other countries for WTO "violations", when the US Government turns a blind eye to infringement happening in their own country.

In the words of our Vice President: So?

Re:And you are surprised because ... ?

It's nothing new to Canada and our long-standing disputes over softwood lumber and other issues. The US even ignores it's own courts when it doesn't like the rulings.

Re:And you are surprised because ... ?

But what do you want us to do? It's our policy to regularly destroy hard drives after they've been subpoenaed by a federal court.

Re:And you are surprised because ... ?

>>Canada dumps lumber in the US at subsidized prices

Well, that would be YOUR point of view. Canada's point of view is different.

That's why we have courts...in this case, the WTO.

And the WTO court found your point of view to not reflect reality, and Canada's point of view to reflect reality much, much better. Repeatedly.

And every time, the US effectively ignored the court ruling. Please, I don't want to start an argument over softwood lumber. I'm just stating the facts: the WTO ruled against the US, and the US did not adjust its behaviour the way they would have insisted on another country doing had another country received the same ruling.

The headline on this story would have been more correct by removing the "IP" from the sentence. "The US ignores unwelcome WTO Rulings" - of every kind. Maybe not ALL of them, but certainly some cases that are matters of much, much journalistic coverage. Many of these cases pre-date the Bush2 administration.

Hypocricy rampant in the Whitehouse...

movie at 11:00....

Lack of Campaign Funding

If the WTO wants American politicians to listen them, then they need to pony up with the 'campaign funding' like everyone else.

Powerful Countries often ignore the rules

Back in the 80s the US even ignored a ruling from the World Court to cease it's terrorist activities in Nicaragua, which included mining the harbours and putting civilian shipping in great danger. It even ignored the two subsequent UN General Assembly resolutions demanding that it observe the World Court Ruling.

It basically comes down to this. If you are powerful, you can ignore the rules. If you are not, you may well be in serious trouble.

Re:Powerful Countries often ignore the rules

Back in the 80s the US even ignored a ruling from the World Court to cease it's terrorist activities in Nicaragua

The Supreme Court just ruled [google.com] that U.S. states can now pretty much ignore international law at will. It's not clear to me how this affects the federal obligation to obey treaties (which is pretty clear in the Constitution), but at the state level, we'll be seeing a lot more of this sort of thing.

Well

The Federal government here in the US is allowing corporate interests to screw us, it's citizens, why not the rest of the world too? At least it's consistent.

Who cares really?

The big problem with the WTO is that it exists to try to find equities in other peoples laws. In my country its legal to do something that might be illegal in yours. The problem with that is that its great when people are talking about physical properties, however its much more difficult when dealing with the same disputes on intellectual property. If I play a radio in my work than its the station that sells advertisements that pays for the songs. As long as I don't advertise the fact like some kind of main street concert hall than I'm not sure why it matters.

Paying for radio?

If I play a radio in my work than its the station that sells advertisements that pays for the songs. As long as I don't advertise the fact like some kind of main street concert hall than I'm not sure why it matters.

Exactly. How is Europe so completely backwards on this issue? Every pair of ears that listens to the songs is a pair of ears that listens to the ads as well, and those ads pay the bills. I would think the radio stations and music labels would be GLAD to have people listening to them in workplaces and waiting rooms.

If these laws were enforced in the USA, there would be riots, then it would be silence or royalty-free classical music only.

What bureaucratic knot did they invent to justify why should it cost money if you listen in a place of business when it's designed to be a free-to-receive service?

Thank you US government

I am very glad that businesses here don't need to pay $30,000 a year to play the radio where customers can hear it. It's nice when our government protects us from abusive regulations, even if it doesn't happen very often.

Re:Thank you US government

It happens all the time, but only when the "us" referred to make over 1 million dollars gross income per year and provide "campaign contributions" to the relevant lawmakers.

for the rest of us there's:
the dmca
local monopoly power for ISP's
rubber stamped mergers across the board (you have freedom of choice! you can choose "the x company" or nothing at all!)
the real id act
the patriot act
warrantless wiretapping and retroactive immunity when we sue for it
continuous streams of supreme court rulings which invalidate the crumbling constitution (see anything signed by souter)
the rise of the fourth estate, which is now so in bed with the government it may as well be state run.

 

Better Examples Please

US trade policy is self-serving, we all know that. But couldn't the author provide some good examples to really make the point? These are pretty weak:

• The so-called "Irish Music" dispute concerns the portion of US copyright law that lets restaurants and shops play broadcast music without compensating the copyright holders.
  => I would be willing to wager that most everyone commenting on this thread would consider that fair use.
• The Havana Club issues stems from the long-standing US effort to impose sanctions on Cuba.
  => Weren't the trade sanctions against Cuba put there and don't they remain there in part because of Cuban human rights abuses? The governments calling USA to task on this have companies which have "invested in Cuban business". The trademarks are not protected in the US to limit Cuban companies profiting from these trademarks in the US. If other countries want to sell their rum in the US under a protected trademark, they seem free to use a different trademark. Whether US trade sanctions against Cuba are moral or justified is a different issue from IP.
• The second case concerns Antigua and Barbuda, a small Caribbean country home to all sorts of online vices, including gambling and DRM circumvention. Antigua took the US to the WTO years ago over charges that the US was unfairly criminalizing access to Antiguan gambling websites...
  => Legal gambling outfits in the US follow strict gambling laws that regulate, among other things, machine calibration, payout ratios, etc. Online gambling from other countries is outlawed in the USA because the mechanisms to ensure fairness can not be physically confirmed by government representatives.

It's True

The US has more trade agreements with Canada than any other country and in Canada's experience it is absolutely true. The US government's negotiators howl about DRM, our approach to health care, pharmacuticals, gay marriage, drug "leniency" etc, etc while ignoring rluling after ruling not just by the WTO, but by the NAFTA boards, and other committees that supposedly govern bilateral trade. Largely they do it because they can get away with it.

I have no doubt that the US will recover from it's financial woes. The world economy is changing though, and competition for resources is increasing. The US's negotiating position is changing as well. Instead of being the one of a few major buyers of commodities, they are now among many. Ignoring multilateral trade rulings as a routine is going to end as a consequence. At least if the US government is smart about it.

Re:IP stakes are "increasing"?

IP should stand for "imaginary" rather than "intellectual" property. It means absolutely nothing if nobody agrees to enforce it, and as such does not provide a secure or stable source of GDP.

Any economist foolish enough to believe in "IP" as a long term foundation for an economy is not only incompetent, but dangerous to whomever he councils.

You either take action against outsourcing or you face the slides happening in the US economy now.

jobs get outsourced
government doesnt take action
rents go up, job opportunities go down, inflation occurs as your constant trade imbalance floods the rest of the planet with fiat money.

economies are based on production of real goods and services, not residual income dependent only on the willing
  compliance of neighbors.

Re:There is no World Government...

If I can gain an advantage by getting others to follow phony rules, good for me, but I'm not bound by them.

Note that this is significantly different than treaties,

You seem to be under the impression that the WTO is an organisation that just appeared out of thin air -- rather than, say, as a result of lots of countries signing up to binding agreements -- also known as "treaties" (such as GATT and the Marrakesh Agreement).

If you think it's a good thing for your country to abdicate the responsibilities it has itself assumed under the provisions of treaties it willingly signed, then you are simply wanting your country to be a criminal, or rogue state.

By the way, remind me never to sign any contract with you ...

Re:Uh oh

URGENT NEWS ALERT! United States applies double standard to international dispute!

Re:Uh oh

URGENT NEWS ALERT! Europe upset that over 200 years later, US still won't do what they want.