Thursday, September 09, 2010
   
Text Size
Latest Posts:

China Guest Blogger Sought. Must Read AND Understand WTO Rulings.

Got an email today from a leading finance magazine asking me whether the World Trade Organization's (WTO) ruling today "against" China meant "piracy is now dead in China." I told him I would review it, figure out the answer to his question, then call him. WRONG.

I read a few news articles on the ruling and they all said pretty much the same thing. They said the US won on some items and China won on others. They then proceeded to quote someone from some film organization stating this was a huge victory for US film companies and that was pretty much it. So I went to the WTO site and read the "findings and conclusions." and understood pretty much none of it. There were so many cites to various WTO provisions that I realized to understand the ruling would probably take days (I am not kidding) of review and analysis. I briefly checked out the full decision, but that is 491 pages. Hell, if I am going to read 491 pages without billing for it, I am going to read An Evil Cradling, which has been sitting on my nightstand for months. So I gave him the name of a leading trade lawyer in DC and went back to work.

Turns out I am not alone. AsiaBizBlog had this to say about the ruling: "Beware: although written in what appears to be English, it is generally impervious to understanding by those with graduate school education. You may need to hire a specialist." China Hearsay punts on reviewing the ruling for now, but is promising us a full report tomorrow. I will be waiting.

Oh, here's pretty much what I told the reporter, along with the fact that it was not for attribution:

I have no idea. I was not able to figure out what the ruling actually was so I cannot really say what impact it is going to have. But here is what I can tell you. Every time a WTO ruling comes down between the US and China it seems like the overall decision is mixed. In other words, both sides won some part of it, and that seems to be the case here. But no matter what happens, the US always claims a total victory and China always claims a total victory and it seems that is happening again here. I really doubt that the people at the film organizations touting this as some incredibly favorable ruling truly understand its repercussions already. I think this case dealt with distribution of foreign media in China being limited and being required to go through the government. I do not think it dealt at all with copyright issues directly, but if it does allow greater distribution of foreign media in China (and I think it does), then it may reduce copyright violations somewhat in that there will be less need/incentive for illegal versions.

So is there anyone out there who has plowed through the decision and understands it? If so, I would love to hear from you. A guest post is waiting for you....




Read More: www.chinalawblog.com

Comments

B
i
u
Quote
Code
List
List item
URL
Name *
URL
Code   
ChronoComments by Joomla Professional Solutions
Submit Comment
Content View Hits : 1015839
We have 91 guests online
Creative Commons License