Posted: Fri Dec 21, 2007 2:01 pm Post subject: Antiqua effectively loses its case
It appears that the arbitrators failed to include their $104 million estimate of Antiqua's loss for all remote gambling in its award and just included its award of $21 million for lost revenue due to not being able to offer pari-mutual horse racing. But this does not matter because even with the $104 million the award is minimal. Clearly the WTO wimped out but tried to appear to be tough by awarding Antiqua its IP relief. But its compensation award is so small that the whole award is useless to Antiqua.
IMO this makes the WTO meaningless to all but the largest members. We now know why the EU quickly settled for little compensation. Clearly, they found out about this decision before it was announced. I will be interested to see what Antiqua does. If I were making their decision, I would withdraw from the WTO and take what measures that I desired. But violating US IP laws would have serious consequences. Anyone doing so might not be able to travel to the US. Effectively Antiqua has lost its case.
Obviously, Congress will not be pressured by it to comply with the WTO decision for Antiqua. So the WTO decision can only matter in a US court of law. The decision is one argument used by iMEGA and the basis for the defendants' motion to dismiss in the Kaplan/Carruthers case. I doubt that the district court judge in either case will enforce the WTO decision, but a federal court of appeals might. But to get to the federal court of appeals will take 1-3 more years.
In the meantime, whether the UIGEA can, or will, be enforced is still in question.
A very dissappointing day and week.
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