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Robin Hoods or thieves? A Foucauldian analysis of international trade policies regarding software piracy
Unformatted Document Text:  Foucauldian analysis of international trade policies 5 piracy center, and when they adopted the Geneva Phonograms Convention giving U.S. copyright holders protection in Bulgaria, the pirates wasted no time relocating to Ukraine, where copyright theft was a misdemeanor and foreign copyrights had no protection under Ukrainian law (see Learmonth, 2001, May 1). The international system is limited by local systems in a way that appears to be ignored by the international policy makers, as will be shown in the analysis. To demonstrate reasons for these failures, a brief introduction of the system of regulation of world trade as it has evolved will be presented, and texts giving reasons for failures in the system that are traditionally offered will be considered. Next, a discussion of contemporary trade in computer software is included, with particular emphasis on piracy and trade sanctions in Ukraine and developing countries in general. Finally, comments and practices of parties to piracy and trade regulation are presented and analyzed, including unfair trade practices as various trade partners describe them. Analysis is conducted utilizing Foucault’s (1972) analytical device, see table, p. 34, herein]. Conclusions about piracy and the effects of international trade regulation are offered. Brief history 1 of international trade organizations U.S. protectionist politics, especially prominent after WWI, contributed to the passing of the Smoot-Hawley Tariff Act of 1930. This first official trade policy of the U.S. raised tariffs on more than 20,000 items to record levels and contributed to the deepening of the Great Depression, as explained in Destler (1995, p. 318). Not long after the Smoot- 1 More accurately, a creation and development story (what Foucault might describe as a genealogy). Also see Knights, 1992, p. 517; or O’Connor, 1979, who termed historical accounts “interpretive investigation,” p. 238.

Authors: Malyshev, Yuri. and Hamilton, Ann.
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Foucauldian analysis of international trade policies 5
piracy center, and when they adopted the Geneva Phonograms Convention giving U.S.
copyright holders protection in Bulgaria, the pirates wasted no time relocating to Ukraine,
where copyright theft was a misdemeanor and foreign copyrights had no protection under
Ukrainian law (see Learmonth, 2001, May 1). The international system is limited by local
systems in a way that appears to be ignored by the international policy makers, as will be
shown in the analysis.
To demonstrate reasons for these failures, a brief introduction of the system of
regulation of world trade as it has evolved will be presented, and texts giving reasons for
failures in the system that are traditionally offered will be considered. Next, a discussion of
contemporary trade in computer software is included, with particular emphasis on piracy
and trade sanctions in Ukraine and developing countries in general. Finally, comments and
practices of parties to piracy and trade regulation are presented and analyzed, including
unfair trade practices as various trade partners describe them. Analysis is conducted
utilizing Foucault’s (1972) analytical device, see table, p. 34, herein]. Conclusions about
piracy and the effects of international trade regulation are offered.
Brief history
1
of international trade organizations
U.S. protectionist politics, especially prominent after WWI, contributed to the
passing of the Smoot-Hawley Tariff Act of 1930. This first official trade policy of the U.S.
raised tariffs on more than 20,000 items to record levels and contributed to the deepening
of the Great Depression, as explained in Destler (1995, p. 318). Not long after the Smoot-
1
More accurately, a creation and development story (what Foucault might describe as a genealogy). Also
see Knights, 1992, p. 517; or O’Connor, 1979, who termed historical accounts “interpretive investigation,” p.
238.


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