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I'm referring to the system which allows DVDs to be played only on equipment sold in the market for which they are released. For example, a Region 1 DVD is intended for North America, and may only be played on DVD players made for sale in North America. All-region players are available, but are rare and expensive. The World Trade Organization has a series of regulations that restrict "non-tariff barriers to trade," and it occurred to me that the region system is precisely that. There is a special Technical Barriers to Trade Agreement which addresses this type of restriction: "The TBT Agreement tries to ensure that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to trade. Examples of measures falling under the TBT Agreement include eco-labelling requirements, rules on the recycling and disposal of goods, product noise specifications, electricity efficiency requirements." (See http://adb.org/Documents/Others/OGC-Toolkits/WTO/wto0400c2.asp.) The one reason I can think of that the WTO's TBT Agreement might not apply here is that WTO regulations apply to actions by member governments, while DVD standards are presumably set by an industry group. The WTO's powers are so broad, though, that I wonder whether this is a real limitation. The WTO applies sanctions to member nations which fail to pass laws to require or prohibit certain types of private action. It seems entirely plausible to me that they could do the same thing here. I don't think the WTO is likely to act on this matter, but I'm curious: does anyone have informed opinions on whether they could?
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