Gambling Dispute With a Tiny Country Puts U.S. in a Bind - New York Times

The US-Antigua dispute over Net gambling is escalating, and it's hit the NY Times, which means that it's really hit the mainstream, but before I get into that, I have to acknowledge Dean Bakers incisive analaysis, and the magnificent snark therein, where he says "Antigua Threatens the United States with Free Trade", which is absolutely true. IP restrictions are restrictions on trade through exclusive licensing.

A brief recap on the whole Internet gambling business, the US implemented an internet casino gambling ban. It still allows for other internet gambling, "including the online purchase of lottery tickets^*, participation in Web-based pro sports fantasy leagues and off-track wagering on horse racing."

Online casinos are a big part of the Antiguan economy. It's the 2nd largest employer on the Island.

So Antigua takes it to the WTO, Antigua wins. Big whoop. Really....Who cares. If they are allowed to place tarrifs on US cars, or toothpaste, what difference does it make? Their population is around 70,000, so it's a negligible impact, right?

Wrong

What the Antigua asked for, and received as a sanction was the right to ignore US IP restrictions, and to distribute US IP protected products without restriction.

While the drug manufacturers have nothing to fear, it's not like they are going to become a Viagra^® manufacturing powerhouse, the makers of non-tangible items, like movies, music, software, etc. are in the process of freaking out, which looks something like this: , because the island is well wired (from the online Casinos), and can set up an operation that would make AllofMP3.com look like a Sunday social.

Truth be told, the consequences will not be as dire as IP companies will make out. I expect that very few people who would otherwise pay for these products will download them, and my guess is that these companies know that.

The reason that they are concerned is that if I am right, and the consequences will be minor, then you will see another argument against draconian IP restrictions, because the sky did not fall.

This may be of particular interest to the Chinese too, as this ruling could be extended to the "Great Firewall of China.

^*On the matter of state lottery tickets, I believe that they should be treated differently, being a state run activity and a revenue generator, but when we signed onto the WTO, it specifically forbade this.