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New Zealand ISPs Back Down On Anti-Geoblocking Support 50

angry tapir writes: A number of New Zealand Internet service providers will no longer offer their customers support for circumventing regional restrictions on accessing online video content. Major New Zealand media companies SKY, TVNZ, Lightbox and MediaWorks filed a lawsuit in April, arguing that skirting geoblocks violates the distribution rights of its media clients for the New Zealand market. The parties have reached an out-of-court settlement.
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New Zealand ISPs Back Down On Anti-Geoblocking Support

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  • by Taco Cowboy ( 5327 ) on Thursday June 25, 2015 @04:32AM (#49983777) Journal

    ... always got short changed

    Country by country, region by region, media by media, they will find ways to fleece us

    • by Anonymous Coward

      ... always got short changed

      Country by country, region by region, media by media, they will find ways to fleece us

      People never ever learn the lesson.

      What's the difference between

      -pirating content
      -paying to access content your not allowed because of ip geographic restrictions ?

      For media companies NONE AT ALL. THEY'RE THE SAME THING.
      So save yourself trouble, and pirate directly. The end result is exactly the same.

      • by cvdwl ( 642180 )

        Mod up!

        It's infuriating as an expat to try to get content in the language I want. Yes, there are solutions, but almost all are technically illegal one way or the other.

        • It's even more infuriating for non-expats who are not native speakers of English. Nobody except my long dead grandpa wants localized content, except perhaps for books, but even literary translations are getting less and less popular. Most literary translations suck, too, especially for genres like Science Fiction. Movies are the worst, their lip syncing is an abomination. And don't let me get started with video games, for some reason foreign voice actors are always worse than the original.

          Almost everybody s

    • You are right. http://www.rawalpindiforum.pk/ [rawalpindiforum.pk]
  • by Behrooz Amoozad ( 2831361 ) on Thursday June 25, 2015 @04:37AM (#49983789)
    I've been doing it for 8+ years now, takes some time to set up all the applications(transmission, youtube-dl, proxychains, rsync, ...), but it's very well worth the time.
    One in Germany, one in UK, one in LA, one in SEA. You can have access to every damn file on the Internet.
  • It wouldn't be untrue to say that this wasn't unexpected.
  • Free Trade... (Score:4, Insightful)

    by Anonymous Coward on Thursday June 25, 2015 @04:54AM (#49983823)

    So why does "Free Trade" not apply to tax payers / voters ?

    I can buy Books, DVDs, CDs, in fact any physical item and ship it to New Zealand. Why can I not do the same with Digital Media (which is what DVDs etc are anyway).

    • If you enjoy that hypocrisy, you'll love the fact that, not only is 'arbitrage' only OK when corporations do it(filthy consumer peons are 'grey market' at best, illegal at worst); but New Zealand is, ironically enough, simultaneously treated as the ass end of nowhere when it comes to offering media for sale and putting up absurdly generous subsidies to media producers.
  • by NimbleSquirrel ( 587564 ) on Thursday June 25, 2015 @05:07AM (#49983859)

    What the article doesn't state is that CallPlus is in the midst of being acquired by Australian company M2, and there has been speculation that M2 is behind the sudden settlement. Up until now, CallPlus were quite proudly sticking up for Global Mode.

    It is a shame that this is not being tested in court. I do believe that the Section 226(b) of the New Zealand Copyright Act would have applied here:
    "for the avoidance of doubt, [a Technological Protection Measure] does not include a process, treatment, mechanism, device, or system to the extent that, in the normal course of operation, it only controls any access to a work for non-infringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controls geographic market segmentation by preventing the playback in New Zealand of a non-infringing copy of a work)"
    It is the one reason that region free DVD and BluRay players are legal here. New Zealanders were using Global Mode to view legitimate content that they paid for; content that was otherwise unavailable to them due to geographic market separations.

    The ones to lose out here are the various studios that are content producers. At least with Global Mode, people were still paying for the content. Now, with the demise of Global Mode, and the hassle of having to sort out a separate VPN provider, the number of people turning back to torrenting is just going to explode. Of course this is all because the local Media Distributors want their cut, as if the millions they already get weren't enough. These are the same Media Distributors who delay releases by months or even years to try to capitalize on popularity while paying the lowest possible price for broadcast rights (the reason many NZers flocked to Global Mode in the first place).

    Given their talk in about this being so illegal, the fact that NZ Media Distributors are not proceeding with testing this in court means they have probably realised that a conclusive victory in their favour is simply not possible. Of course this does not stop them from trumpeting this as a win for them, which it really isn't.

    • It's certainly the case that Team Content is already pretending that they have been so judged; but for the purposes of the copyright act you cite above, the DMCA, and similar laws where 'technological protection measure' is emphasized; it doesn't seem at all clear that 'geoblocking' qualifies.

      At least up until now, 'technological protection measure' that protects access to a copyright work means some sort of DRM system. If you purchase something on ITMS, or stream a Netflix video or the like, using a VPN
      • it doesn't seem at all clear that 'geoblocking' qualifies.

        What else is geoblocking other than geographic market separation? There is no other use for geoblocking other than to control access so that different regions can be charged differently to maximise profits. The way that section of the Copyright Act is worded does not make Technological Protection Measures absolutely the same as DRM; it covers DRM, but can be applied to other things too.

      • by KGIII ( 973947 )

        Do not mistake this for being a fan. I think you will find it *may* be a violation of copyright - copyright holders are free to decide the terms of their license. They could say, for example, you must stand on one foot to license a copy for streaming. They can also, more likely to pass the court's smell test, say that you must reside within a certain area to be eligible for x-license. They would easily be within their rights and the thing is, well, the laws of their country do not apply - the laws of the ri

  • Companies contend there's little incentive to buy content from other providers if their customers already have access to it online.

    So don't then. The customers don't need it. They can access it online.

    We don't outlaw bread making machines in order to keep bakers in business either.

    • There is a difference. Content is consumed for the "informational" content it has, while bread is bought to eat its substance. While I think a 25 year limit after creator death is a good copyright term, the content creators still need something they can live off. You don't need to block geoblock-circumvention services for that I think.

      • I can understand this for the basic author's copyright, but the companies involved here aren't creators. Or consumers. They're middlemen. We don't need them. If we get content from another source, (e.g. Netflix US), the copyright owner still gets money. It comes from Netflix US rather than the local NZ distributor.

        The publisher knows full well that some people will be using Netflix US through VPN or DNS spoofing services, and that this represents an increased value fro the company so will charge according
  • Awesome. Now they just need to sort out the southern cross cable monopoly that works like a geo-blocker for the entire country when everyone tries to get on youtube at the same time after work.
  • It is a pity this didn't reach court and had a judgement made. I think NZ law is pretty clear and the media companies would have lost. That would have been good as it would have put them on notice to shut up and rethink their business model in view of global communications. As it is they will take this as a victory and will now act as if it was actually illegal to bypass geo-locks, using this result to hassle the next company to offer such a service.

    If I travel to the USA, buy a legal DVD, fly back to NZ and watch it here it is all legal. So how is that different from having my Internet connect travel to the USA, purchasing a media file and bringing it back to NZ to watch. Both cost time and money but offer more choice. Morally and/or legally is there any difference?
    • by KGIII ( 973947 )

      The license it for your use. In the first case, bringing the DVD back, it might actually be in violation of the license you have with the media company. Will they prosecute it? Not for one disc. Try bringing back 10,000 and see what happens. I do not agree with this but, well, you know the routine...

      • by ukoda ( 537183 )
        I don't know about the license on the DVD or the related legality under US law to export them but I do know that to bring in 10,000 to NZ would be perfectly legal as long was they were not pirated copies. Of course TPPA will like force a law change to ensure Kiwis pay way more than they do now.
        • by KGIII ( 973947 )

          They might be considered pirated if they have some sort of mention about only being authorized for use in the United States or similar. They are pretty sneaky bastards. I do not agree with them, at all, but was rather pointing to the legal potentials. I also suspect that US law would apply and NZ would happily comply.

          • by ukoda ( 537183 )
            Your points are valid but I assume they don't apply, yet... I'm basing that on the fact that companies like The Warehouse are curreently doing grey market imports and they are too high profile not to have checked where they stand legally.
            • by KGIII ( 973947 )

              Then no, it probably is not illegal. Else I am guessing the powers that be would have come knocking them down.

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