[ABANDONED] Repeal: World Assembly Official Merchandise

[Namwenia]

As the Ambassador from Heidgaudr has taken a leave of absence from the World Assembly, we would like to continue the conversation and development of a repeal of GA #663. The original conversations began here.

The Ambassador from Namwenia is looking for input. As Heidgaudr released their draft into the public, we will begin with a draft using their language and move on from there.

Further information on the proposal can be found in our Dispatch here

Below is the current revision:

Revision 3

The General Assembly,

Dismayed at the passage of GA#663 "World Assembly Official Merchandise" which encourages members to license and sell items emblazoned with national symbols and other fundamental cultural elements;

Arguing that cultural symbols do not belong to governments, but to the people they represent, and therefore should not be licensed;

Concerned that the WA Trust for Cultural Heritage, a cultural heritage site preservation organization intended to protect the history of our member states, would be manipulated into promoting blatant commercial enterprises to both member and non-member states;

Further concerned that the WA Trust for Cultural Heritage's mandated promotion of the export of WA merchandise to non-member states creates unnecessary commercialism of such an august and renowned organization;

Hereby repeals GA#663 "World Assembly Official Merchandise".

Co-Author: Heidgaudr

Revision 0 - Originally prepared by Heidgaudr

The General Assembly,

Dismayed at the passage of GA#663 "World Assembly Official Merchandise" which encourages members to place national symbols and other fundamental cultural elements under trademark;

Arguing that cultural symbols do not belong to governments, but to the people they represent, and as such should not be dictated by trademark law;

Sternly reminding members that intellectual property laws necessarily restrict artistic expression and cultural advancement;

Exasperated that licensing fees "for valuable consideration" place an undue burden on poor artists and small businesses, and instead further concentrate wealth into large corporations and commercial juggernauts;

Hereby repeals GA#663 "World Assembly Official Merchandise".

Revision 1

The General Assembly,

Dismayed at the passage of GA#663 "World Assembly Official Merchandise" which encourages members to license and sell items emblazoned with national symbols and other fundamental cultural elements;

Arguing that cultural symbols do not belong to governments, but to the people they represent, and therefore cannot be licensed;

Exasperated that licensing fees "for valuable consideration" place an undue burden on poor artists and small businesses, and instead further concentrate wealth into large corporations and commercial juggernauts;

Concerned that the WA Trust for Cultural Heritage, a cultural heritage site preservation organization intended to protect the history of our member states, would manipulated into promoting blatant commercial enterprises to both member and non-member states;

Further concerned that the WA Trust for Cultural Heritage's mandated promotion of the export of WA merchandise to non-member states serves as blatant colonialism which is unbecoming of such an august and renowned organization;

Reminding member states that nothing prevents them or their sapient citizens from selling wares containing their own national symbols;

Hereby repeals GA#663 "World Assembly Official Merchandise".

Co-Author: Heidgaudr

Revision 2

The General Assembly,

Dismayed at the passage of GA#663 "World Assembly Official Merchandise" which encourages members to license and sell items emblazoned with national symbols and other fundamental cultural elements;

Arguing that cultural symbols do not belong to governments, but to the people they represent, and therefore should not be licensed;

Exasperated that licensing fees "for valuable consideration" place an undue burden on artists and small businesses, and instead further concentrate wealth into large corporations and commercial juggernauts;

Concerned that the WA Trust for Cultural Heritage, a cultural heritage site preservation organization intended to protect the history of our member states, would be manipulated into promoting blatant commercial enterprises to both member and non-member states;

Further concerned that the WA Trust for Cultural Heritage's mandated promotion of the export of WA merchandise to non-member states creates unnecessary commercialism of such an august and renowned organization;

Hereby repeals GA#663 "World Assembly Official Merchandise".

Co-Author: Heidgaudr

[Honeydewistania]

1) cannot be licensed -> should not be licensed.

2) would manipulated -> would be manipulated

3) In what way is selling merchandise to a foreign nation colonialism? Is it colonialism to flog Union Jack mugs in America? That's just absurd.

4) I'd hesitate against including that 'nothing stops them from selling these wares' argument, because 1) relevant WA law does and 2) it adds almost nothing to already convincing repeal arguments and just demeans the whole previous arguments on why cultural symbols shouldn't be commercialised by governments.

[Namwenia]

1) cannot be licensed -> should not be licensed.

2) would manipulated -> would be manipulated

3) In what way is selling merchandise to a foreign nation colonialism? Is it colonialism to flog Union Jack mugs in America? That's just absurd.

4) I'd hesitate against including that 'nothing stops them from selling these wares' argument, because 1) relevant WA law does and 2) it adds almost nothing to already convincing repeal arguments and just demeans the whole previous arguments on why cultural symbols shouldn't be commercialised by governments.

"Thank you for the recommendations. Our team has made some edits based on them."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

[Simone Republic]

Obviously I oppose the repeal but I want to point out that "for valuable consideration" does not mean "expensive", it's a term that refers to "a sufficient price paid by a party in exchange for something in a contract or sale".

A picture of my Bear with a crying face probably isn't worth more than $5 and that would be "for valuable consideration". It's actually about paying a fair price for the license.

"WA Trust for Cultural Heritage and commercialism" - well, my main argument would be that the UN, UNDP and UNICEF have sold far more merchandise. UNESCO also has a store in Paris with plenty of merchandise. But you may also disagree with what they are doing anyway.

[Namwenia]

Obviously I oppose the repeal but I want to point out that "for valuable consideration" does not mean "expensive", it's a term that refers to "a sufficient price paid by a party in exchange for something in a contract or sale".

A picture of my Bear with a crying face probably isn't worth more than $5 and that would be "for valuable consideration". It's actually about paying a fair price for the license.

"WA Trust for Cultural Heritage and commercialism" - well, my main argument would be that the UN, UNDP and UNICEF have sold far more merchandise. UNESCO also has a store in Paris with plenty of merchandise. But you may also disagree with what they are doing anyway.

"Our team absolutely understand and respect your disagreement. A core part of the repeal is that in addition to the blatant consumerism of the WA from this act, the WATCH is not an appropriate agency to oversee a production and sales enterprise such as this. So, thank you.

We still are seeking any additional relevant comments are appreciated from others before we consider submitting.

Thank you."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

[Namwenia]

"Our team is putting out a last call for comments. We plan to submit within the week.

Thank you."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

[Namwenia]

OOC: Current planned submission date is 3 July 2023. Please let our delegation know if you have any comments on this language.

[Albeville]

Very well done, comrade. Support!

[Coders]

Dismayed at the passage of GA#663 "World Assembly Official Merchandise" which encourages members to license and sell items emblazoned with national symbols and other fundamental cultural elements;

Now, I am opposed to this due to the fact that no part of GAR#663 encourages member nations to license anything, only allowing for the sale of licensed items of WA merchandising. The only part of GAR#663 that encourages members to do something is when it encourages members to buy WA merchandise to fund the WA.

[Namwenia]

Now, I am opposed to this due to the fact that no part of GAR#663 encourages member nations to license anything, only allowing for the sale of licensed items of WA merchandising. The only part of GAR#663 that encourages members to do something is when it encourages members to buy WA merchandise to fund the WA.

"To the Ambassador from Coders, I'd like to direct your attention to Article 1, Subsection b which says that the WATCH will 'Encourage individual member states to license (for valuable consideration) their own national symbols, important books and works of art, and other items deemed significant to their culture for use as WA merchandise.'

As clearly noted in the above language, there is direct encouragement of member states to license their own national symbols and items of import. Hence the language in the start of the repeal proposal. We hope this provides some clarification.

Thank you."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

[Wallenburg]

"My office's concerns with the targeted resolution are reflected well in this proposed repeal. You may anticipate our support."

[Republic of Mesque]

Support.
The World Assembly should spare international commerce of its biased, incompetent and presumptuous involvement with any culture.

[Mlakhavia]

Support.
The World Assembly should spare international commerce of its biased, incompetent and presumptuous involvement with any culture.

OOC: Based Disco Elysium themed nation.

IC: Support.

[Maricela Gutierrez]

Ms. Gutierrez: "Chief Miyamoto, Ambassador Castro—while the resolution is penned finely enough, do you have a replacement drafted? Without a replacement draft, repeal seems imprudent. Otherwise, how will people obtain World Assembly-themed merchandise? Many of my constituent Maricelans are quite invested in the latest line of resolution keychains!"

Ms. Gutierrez: "Would you really wish for a determined young lady, just getting into international politics, to see crushed her dream of having a complete collection of resolution key chains, by repealing GA#663 without providing for another means of procuring officially licensed Assembly merchandise?"

[Namwenia]

Ms. Gutierrez: "Chief Miyamoto, Ambassador Castro—while the resolution is penned finely enough, do you have a replacement drafted? Without a replacement draft, repeal seems imprudent. Otherwise, how will people obtain World Assembly-themed merchandise? Many of my constituent Maricelans are quite invested in the latest line of resolution keychains!"

Ms. Gutierrez: "Would you really wish for a determined young lady, just getting into international politics, to see crushed her dream of having a complete collection of resolution key chains, by repealing GA#663 without providing for another means of procuring officially licensed Assembly merchandise?"

"We believe not all proposals need to be replaced. This is one of those instances where the original proposal was unnecessary and, therefore, our Ambassador feels that a replacement is unnecessary.

We thank you for your time."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

[Namwenia]

This proposal has been submitted for your consideration

[The Ice States]

Apologies for not raising this up earlier, as I only just read through this draft (CF: the original by Heidgaudr) in full. However how is Exasperated true given what I pointed out in the thread for the original version by Heidgaudr? [1].

[Namwenia]

Apologies for not raising this up earlier, as I only just read through this draft (CF: the original by Heidgaudr) in full. However how is Exasperated true given what I pointed out in the thread for the original version by Heidgaudr? [1].

OOC: I see your point. Re-reading GAR #663, it truly is difficult to tell who is paying licensing fee. The ambiguity means this line should likely be removed. I'm pulling this for now to re-consider that line.

[The Ice States]

Apologies for not raising this up earlier, as I only just read through this draft (CF: the original by Heidgaudr) in full. However how is Exasperated true given what I pointed out in the thread for the original version by Heidgaudr? [1].

OOC: I see your point. Re-reading GAR #663, it truly is difficult to tell who is paying licensing fee. The ambiguity means this line should likely be removed. I'm pulling this for now to re-consider that line.

It really is not ambiguous. Valuable consideration is a price paid in exchange for, rather than in addition to, some contract. Valuable consideration is where "each party paid something in return for what they receive" (see the link to the Cornell Law School definition in the post I linked). It would make no sense for it to be different to the interpretation I gave, wherein the WA pays valuable consideration to entities licensing their IP to the WA; why would anyone license anything otherwise? The correct interpretation is that the WA receives IP in exchange for paying valuable consideration to the member nation or other entity; while the entity receives valuable consideration, ie payment, in exchange for giving its IP to the WA.

You could make a more compelling argument by saying that by definition one side must receive a loss; either the entity licensing its IP no longer gains the money it would if it kept its IP, since the valuable consideration is lower, or the WA loses money as it pays a higher valuable consideration than the profit it would otherwise receive. That would serve to disincentive donations which actually benefit the WA; although I am not sure if that is necessarily strong, as it would only mean that the WA relies on entities genuinely wanting to contribute to the WA even if it decreases profits. You would probably have to justify how the profits are small, as little IP will be donated, or how WA profits requiring a loss to member nations/businesses therein is problematic.

[Namwenia]

It really is not ambiguous. Valuable consideration is a price paid in exchange for, rather than in addition to, some contract. Valuable consideration is where "each party paid something in return for what they receive" (see the link to the Cornell Law School definition in the post I linked). It would make no sense for it to be different to the interpretation I gave, wherein the WA pays valuable consideration to entities licensing their IP to the WA; why would anyone license anything otherwise? The correct interpretation is that the WA receives IP in exchange for paying valuable consideration to the member nation or other entity; while the entity receives vaulable consideration, ie payment, in exchange for giving its IP to the WA.

OOC: Thank you. I'm re-reading the link you provided in more detail. This is pretty clear; that's my mistake. I'm pulling that line in the current revision (posted above) and have already pulled the submission.

[Namwenia]

"Due to the errors called out by the Ambassador from The Ice States, this has been pulled for now. However, personal matters need to be attended to by the Ambassador, so we have spoken with the Ambassador from Tinhampton and told them that they may proceed with their competing repeal at this time.

We thank you all for your patience."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

OOC: I'm going on a vacation with my family and away from NS during that time. So, I am unavailable to finalize this repeal for at least another week and a half.

[Namwenia]

"As the Delegation from Tinhampton's competing repeal has reached quorum, we are awaiting the results of that vote. If the repeal passes, we will abandon this draft. If not, we will submit this version."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia

[Unibot III]

Ard Van Haldron raised his hand to signal his support for the repeal.

He expected the repeal to double the value of his WA-branded flask, condom, and cereal box.

[Jar Wattinree]

Darn, now I can't profit off of gullible customers.

[Namwenia]

"The repeal drafted by the Tinhmpton delegation appears likely to pass at present. When or if it does, this proposal will, of course, be abandoned.

Thank you all for your support."
-Statler Miyamoto
Chief of Staff of World Assembly Ambassador Kaori Castro
The United Socialist States of Namwenia