By Sacha Wunsch-Vincent
The speedy improvement of the net has resulted in a turning out to be strength for digital alternate in electronic content material like videos, song and software program. accordingly, there's a want for a world exchange framework acceptable to such digitally-delivered content material items. but, electronic alternate is presently now not explicitly well-known by way of the alternate principles and tasks of the realm alternate association (WTO). This examine presents an entire research of the similar demanding situations within the ongoing WTO Doha Negotiations to treatment this scenario. It elaborates at the required measures within the multilateral negotiations to accomplish marketplace entry for electronic content material and examines the hindrances that lie at the route to achieve consensus among the us and the eu groups. Negotiation parameters analyzed contain the present US and EC regulatory method of audiovisual and knowledge society companies and the evolution in their acceptable alternate coverage jurisdiction. ultimately, this exam takes inventory of ways the Doha Negotiations and parallel US-driven preferential exchange contract have to date contributed to securing unfastened alternate in electronic content material.
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Extra info for The WTO, the Internet and Trade in Digital Products: EC-US Perspectives (Studies in International Trade Law)
Sample text
12 OECD (2003a) pp 123 f on Internet and broadband and pp 89 f on mobile access. See also UNCTAD (2003) p 11 on the increasing world-wide access to broadband. 13 UNCTAD (2004) pp 2 f and UNCTAD (2003). From 2001 to 2002 the figure is reported to have grown by 20%. ITU (2004) is the data source. org/sti/telecom, chs three and four in OECD (2004a) and the OECD Communications Outlook 2005. Korea has roughly 25 out of 100 inhabitants with a broadband subscription. 15 See IDATE (2003) p 126; IDATE (2004) and OECD (2004a) on the increasing importance of on-line content.
2. See also Drake and Nicolaidis (2000) p 406. (C) Wunsch-Vincent Ch1 21/12/05 14:43 Page 20 20 WTO Work Programme on Electronic Commerce digitally-delivered content products, include general objectives like nondiscrimination, better market access and national treatment commitments for relevant goods and services, and provide a regulatory discipline for e-commerce that ensures transparency, non-discrimination, least-trade restrictiveness and other key objectives. But no agreement could be reached between WTO Members on whether such an agreement should be aimed at.
Once the initial investment on the production of content has been undertaken, the high initial production costs are best recouped by global market penetration. 11 Since the closure of Napster—the first popular peer-to-peer file-sharing service—an even broader range of file-sharing communities (eg, KazAa) has grown that makes movies or music available for free. The fact that the digital content industries are hesitant to make their content available on-line for fear of piracy, but also the lack of new business models for the on-line environment, have up to now caused a deficiency of viable commercial efforts to exploit the digital trade potential.