Once again Antigua is in the news for threatening to allow open distribution of materials that have been copyrighted by U.S.-based entities. This stems from a ruling by the World Trade Organisation that by forbidding Americans from accessing gambling web sites in other countries, but allowing them to go to Las Vegas and Atlantic City instead, the U.S. government was protecting their own industry by limiting access to foreign competitors. Even though they’ve lost as much as a billion dollars from U.S. protectionism here, the Antiguans haven’t yet taken advantage of the ruling, and it’s widely believed this is the case because of the fear of dire reprisal from the Colossus to the North.
It’s a fascinating case, and one that anyone interested in international trade should follow. In the meantime, though, to help one gain an understanding, one of the more amusing analogies for explaining why the Antiguans have such a strong case comes from Greg Sabino Mullane, who wrote:
They’re doing it flagrantly because it’s explicitly tit-for-tat. It’s their way of pointedly asking “Do we have rules or not?”
Let’s say you and I are sociopathic assholes, so whereas most people might have some kind of implicit social contract, and a sense of how people should act decently to one another, we’re jerks and write up and agree to some formal rules. Among these rules are things like “Neither party will ever hit the other in the head with a hammer and then steal their wallet while the victim is incapacitated.” Call that the WIPO rule.
We have another rule too. It’s “Neither party will ever vandalize the other’s car.” Call that the WTO rule.
Then I go and vandalize your car, totally in violation of the rules. I don’t deny it, either. Instead, I explain I had good reasons to do it. “I really wanted to vandalize your car, and it looked so vulnerable. I just couldn’t help it!” but whether I had a good reason or not, you claim I broke our agreement. You might not feel all that hurt about the car, but breaking the agreement… oh dear. We’re sociopaths, but we’re not uncivilized, are we?
After my amazing explanation for why I did it, you ask me: “Are you going to do it again?” and I answer “Yeah, probably. Your car still does look pretty vandalizable, and I really like vandalizing cars.” You answer “What about our agreement?” and I just shrug. You ask, “Are our agreements important?” and I shrug again!!
You go see our mutual acquaintances, perhaps some people with whom I also have some agreements. They’re a little concerned to hear I value our agreements so little. Will their cars be next? They think it over and say, “Yeah, Sloppy broke his agreement to not vandalize your car. You should get even.”
So you do. You hit me in the head with a hammer and I wake up without a wallet. You do it openly, too. Our acquaintances nod with approval, even though you’re breaking the agreement now. I ask, “How can you do that?!?”
You explain: if I think the rules are so important, and I have such a problem with being hit with hammers, THEN MAYBE I SHOULD STOP FUCKING AROUND WITH OTHER PEOPLE’S CARS.
I don’t know what I’ll do. I still really do like vandalizing cars. I’d like to vandalize your car again, and that other dude with whom I have a no-vandalize agreement. But I’m not sure I like this hammers development. OTOH, I don’t know, maybe it’s worth it. The hammers hurt and I don’t like losing my wallet all the time, but the cars! Oh, the cars! That’s so much fun.
Now, the analogy isn’t quite apt because the Antiguans haven’t actually allowed open redistribution of copyrighted materials, at least not yet. But if they do, then the American mainstream media are sure to slam them as the next incarnation of Somalia, so it’s important in advance for people to understand who really started the trouble — and it’s not Antigua.