Posted on 08/24/2007 10:04:46 AM PDT by RKV
But then there is nothing run-of-the-mill about the case that Mr. Mendel, a Texan who was born and raised in Southern California, has been waging against his own government before the World Trade Organization, the body in Geneva that sets the ground rules for global trade.
The dispute stretches back to 2003, when Mr. Mendel first persuaded officials in Antigua and Barbuda, a tiny nation in the Caribbean with a population of around 70,000, to instigate a trade complaint against the United States, claiming its ban against Americans gambling over the Internet violated Antigua and Barbuda’s rights as a member of the W.T.O.
... Complying with the W.T.O. ruling, Professor Jackson said, would require Congress and the Bush administration either to reverse course and permit Americans to place bets online legally with offshore casinos or, equally unlikely, impose an across-the-board ban on all forms of Internet gambling — including the online purchase of lottery tickets, participation in Web-based pro sports fantasy leagues and off-track wagering on horse racing.
But not complying with the decision presents big problems of its own for Washington. That’s because Mr. Mendel, has asked the trade organization to grant a rare form of compensation if the American government refuses to accept the ruling: permission for Antiguans to violate intellectual property laws by allowing them to distribute copies of American music, movie and software products, among others.
...
For the W.T.O. itself, the decision is equally fraught with peril. It cannot back down because that would undermine its credibility with the rest of the world. But if it actually carries out the penalties, it risks a political backlash in the United States, the most powerful force for free-flowing global trade and the W.T.O.’s biggest backer.
...
(Excerpt) Read more at nytimes.com ...
Also “Mr. Mendel, 51, ... recently moved his family and his practice to Ireland.” Probably a smart idea if this actually happens. The contract on his life would be out in hours after a ruling like this.
Poker Ping
Just another attack on the concept of national sovereignty in general, and against US sovereignty in particular.
What I find more interesting is that the US government feels it has the right to prohibit it’s citizens from engaging in activities that are legal in other countries.
Did you see that in the article? I missed it.
But as SubGeniusX correctly noted, Antigua is correct on this issue.
If America is going to go on and on about "free trade", internationalism, and openness, we can't very well then turn around and try and dictate every single rule about how it's all going to work. It tends to make other countries not like us, and want to try and find ways to get back.
The Online Poker ban is the reason given by MANY I know for voting Democrat in 2004, NOT the 24/7 Foley debacle..
Correct in taking assets from individual Americans to pay for a government error? My RIA!
DITTO. The ban on internet gambling was started by the American casinos so they can set up their own on line gambling operations. The US violated the WTO big time.
“But not complying with the decision presents big problems of its own for Washington. That’s because Mr. Mendel, who is
...
claiming $3.4 billion in damages on behalf of Antigua, has asked the trade organization to grant a rare form of compensation if the American government refuses to accept the ruling: permission for Antiguans to violate intellectual property laws by allowing them to distribute copies of American music, movie and software products, among others.
For the W.T.O. itself, the decision is equally fraught with peril. It cannot back down because that would undermine its credibility with the rest of the world. But if it actually carries out the penalties, it risks a political backlash in the United States, the most powerful force for free-flowing global trade and the W.T.O.’s biggest backer.”
*****
My contention is that it is the right and responsibility of the US to make the rules and such for Americans while in the US, not any other foreign body at any time for any reason. Belonging to any treaty that permits such interference is a foolish game to play.
Gamboling, online or otherwise, right or wrong? Either let the voters decide or replace those who manufacture any such law contrary to the will of the public by ballot.
That’s just the way I tend to see such issues.
The remedy proposed is theft from the corporations and persons who own the music, movies and software under copyright. That is what is wrong. If the WTO and Antigua have problems with the US government maybe they ought to seize your bank account and then see how you like it.
Now, don’t get snippy.
Cuban cigars are illegal to smoke says your master.
Nobody pirates cheap goods, all this noise is a smokescreen to inflate profits in order to pay for the bloated levels of production and marketing.
When was the last time you saw a box of counterfeit Kleenex?
Ha ha! Snippy is as snippy does rude1.
This is the crux of the issue ... and why the Govt is up shiats creek on this one ...
also we look like Asshats when ...
... the trade organization’s first (decision) to deal with the Internet, is likely to serve as a major precedent in establishing rules of commerce in an online age and dealing with such prickly issues as China’s attempts to block online content it finds offensive....
“One day they’re out there saying how scandalous it is that China doesn’t respect W.T.O. decisions,” he said. “But then the next day there’s a dispute that doesn’t go their way and their attitude is: The decision is completely wrong, these judges don’t know what they’re doing, why should we comply?”
and why the hell is FedGov determined to keep me from playing poker online anyway??? It's none of their damn business
“What I find more interesting is that the US government feels it has the right to prohibit it’s citizens from engaging in activities that are legal in other countries.”
Yeah that national sovereignty thing is crazy man CRAZY!!!
Child porn is legal is about 130 countries. Should it also be legal in the US?
That is indeed current US law, but not one that I personally pay any attention to.
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