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Antigua to Launch Pirate Site to "Punish" U.S. With World Trade Org. Blessing
Jason Mick (Blog) - January 25, 2013 1:23 PM

Site is allowed to make up to $21M USD a year to compensate for "illegal" U.S. ban on internet gambling

This month the twin-island nation of Antigua and Barbuda aims to finally force a World Trade Organization discussion of its plans to launch a "pirate" site, which would profit off of selling cheap bootlegs of copyrighted works owned by copyright holders in the United States.

The unprecedented plan comes courtesy of a bizarre trade conflict between the U.S. and the small Caribbean island nation. The battle began when the U.S. in 2003 blocked various Antiguan internet gambling portals, such as the World Sports Exchange. After negotiations collapsed, Antigua took its case to the World Trade Organization, an international arbitrary body that deals with trade disputes.

The WTO ruled in 2005 that the U.S. decision to block Antiguan internet gambling IP addresses violated free-trade since some similar domestic (U.S.) gambling sites were allowed to remain in operation. The U.S. refused to comply with the ruling. The refusal brought big changes to the island's economy; 5 percent of the citizens once worked in the high-tech internet gambling industry -- now they were left looking for jobs.

In 2007, a frustrated WTO ruled that Antigua was allowed to suspend U.S. copyrights to the tune of up to $21M USD annually until the U.S. complied with the ruling. Antigua declared plans to leverage the ruling by launching a portal that sells bootlegs of U.S. copyrighted works at discounted rates, for profit.

The WTO would have to sign off on the plan, but that debate never happened because the U.S. successfully shelved the discussion at the last WTO meeting, calling it "untimely".

In an interview with Torrent Freak, Antiguan government attorney Mark Mendel emphasized that his nation's plans were not "piracy" as the WTO approved of the copyright violations. He remarks, "There is no body in the world that can stop us from doing this, as we already have approval from the international governing body WTO."

The U.S. is upset about the plan. It has written a terse letter to the WTO declaring:

If Antigua actually proceeds with a plan for its government to authorize the theft of intellectual property, it would only serve to hurt Antigua’s own interests.
....
Government-authorized piracy would undermine chances for a settlement that would provide real benefits to Antigua. It also would serve as a major impediment to foreign investment in the Antiguan economy, particularly in high-tech industries.

But Antigua isn't listening to the threat and is poised to move forward with the plan at this month's meeting. Exact details of the portal have not been publicized, but Torrent Freak writes that one idea is to grant citizens unlimited access to U.S. copyrighted works for $5 USD/month. Antigua and Barbuda has a population of about 80,000 people, most of whom live on the island of Antigua.

Government-authorized piracy would undermine chances for a settlement that would provide real benefits to Antigua. It also would serve as a major impediment to foreign investment in the Antiguan economy, particularly in high-tech industries.

World Trade Organization approves new site full of “pirated” material from US
America's ongoing dispute with Antigua and Barbuda created bizarre situation.

The United States government has been known to respond rather aggressively towards individuals and foreign entities it believes are violating American intellectual property law. (Ask Kim Dotcom.) But relatively few countries have responded by seeking (and receiving) international authorization to directly, openly flaunt American copyright.


On Monday, the World Trade Organization granted the Caribbean nation of Antigua and Barbuda the ability to suspend “certain concessions and obligations it has under international law to the United States in respect of intellectual property rights,” as the result of an ongoing dispute between Washington and Saint John’s. In other words, Antigua and Barbuda will now be allowed to open up its own, internationally-blessed, “pirate” site, undoubtedly full of American films, TV shows, music, and software.

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