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sultanoswing
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  #1277077 4-Apr-2015 11:37
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To briefly answer the title of this thread:

IMHO, whilst Slingshot's "Global Mode" is being challenged, this case is merely a symptom of the inevitable rise of true "global mode".



wsnz
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  #1277078 4-Apr-2015 11:40
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raytaylor:
They can say to netflix "we will sell you this show, only if you prevent it from being viewed on your service overseas by doing X Y Z"
Currently they say "you can only broadcast this if you 'do your best' to prevent it being viewed on your service overseas"


 

Yes definitely a possibility, however using this (and any more restrictive model) the subscription fee would undoubtedly increase quite substantially to cover the increased costs and the potentially substantial loss of revenue. Like many, I can’t see Netflix doing anything about this at the moment as it's just not in their best interest.

BarTender
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  #1277130 4-Apr-2015 14:14
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Interesting article on NBR. http://www.nbr.co.nz/global-mode
With a hat tip to this thread.



Benoire
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  #1277136 4-Apr-2015 14:34
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Interesting article... I have a question about the contents rights holders rights in parallel imports?  What happens if they do not want these rights they've sold to others undermined by these 'devices'?  For example, I own a major movie that I've sold to multiple 'broadcasters' across the world. It is my content and I have sold these rights in order to maximise profit or for whatever other reason... It appears that Parallel Importing actually bypasses these rights by connecting to a partner in a way which I didn't want to happen.  How would NZ law reflect this issue?  I suspect the English Premier League will have something similar to say considering how much they sold their domestic services for and that a simple VPN can get you Premier League Pass here in NZ...

blakamin
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  #1277140 4-Apr-2015 14:55
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Interesting little whine from @Spark on twitter today too. "Not about what people do w/ their connections, about other companies freeloading &[1/2] profiting from investment in content.Deserves to be tested in court at least[2/2]^SD"

I have no idea where they think companies are "freeloading & profiting from (sparks) investment in content". 

More like they invested $$$$$ in lightbox thinking that people would flock to it, but they underestimated netflix, the amount of people that use netflix, and the fact people now have easy access to netflix apps on pretty much every device possible in their home.

So the only thing they can do is whine and stamp their feet and yell "not fair".
They can go to court, but even if they win against "global mode", people now know about it and things like unblock.us, unotelly, getflix etc.
Shutting the gate after the horse has bolted.

Oh, there's also the chance of the Streisand effect too. 

Huge golf-clap for Spark! tongue-out

kendo
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  #1277155 4-Apr-2015 15:40
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Shame, maybe if they supported more than just a handful of Samsung android devices they would be in a better position.

freitasm
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  #1277156 4-Apr-2015 15:42
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Spark on Twitter calling those other networks "freeloaders".

Fail to see how, if they aren't using Sparks resources...

It is getting silly now.




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richms
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  #1277164 4-Apr-2015 16:28
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Slingshot should send out a release saying that even if they lose, here are some other great geo unblocking services that people can use to keep getting access to content that spark and sky would otherwise prevent them from getting, and put links to unotelly and unblockus etc. Just for more lols against the grumpy old time broadcasters.




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NonprayingMantis
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  #1277169 4-Apr-2015 16:44
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freitasm: Spark on Twitter calling those other networks "freeloaders".

Fail to see how, if they aren't using Sparks resources...

It is getting silly now.


I guess it means Freeloaders in the sense that to distribute content legally in NZ, you need to pay for the rights to do so. That's what sky etc have done.
Callplus is bypassing that, and as such is 'freeloading' because they are providing access to content where the rights have not been paid for.


Now, callplus is not actually providing the content themselves, which is where it gets murky. However, they definitely are providing access to the sites that host the conten when these sites don't want people to access, but also (and this is the critical difference between customers on spark using Vpns) they are actively promoting it as such.

It's the difference between an isp saying

'use our broadband for whatever you want, we don't care'.

Vs an ISP saying

'use our broadband for whatever you want, but by the way here is access to a bunch of sites you normally can't access. we know it breaches the terms to give you this, but we don't care. Oh by the way, please don't breach the terms. But go on, breach the terms. But seriously don't. Wink wink.'

I think it is really dangerous for ISPs like callplus to get involved in this sort of thing. It puts a lot of the 'safe harbour' privileges at risk that they currently enjoy. They should provide neutral access to the Internet, and not go further up and start mucking around with things that breach other companies terms.

I'm actually pretty nervous that the end game of 'global mode' is ultimately going to be much harsher rules put in place, ISPs forced to block certain sites, and other draconian measures we have so far been able to avoid becasue ISPs have taken the stance they should be neutral as to what happens on the Internet. Callplus has now gone against that with global mode.

NonprayingMantis
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  #1277170 4-Apr-2015 16:46
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richms: Slingshot should send out a release saying that even if they lose, here are some other great geo unblocking services that people can use to keep getting access to content that spark and sky would otherwise prevent them from getting, and put links to unotelly and unblockus etc. Just for more lols against the grumpy old time broadcasters.


Slingshot don't really want to do that. They see global mode as a differentiator. If people knew how easy it was to use unblock-us etc, and how much better those services were than 'global mode', then it would cease to be a differnetiator.

freitasm
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  #1277172 4-Apr-2015 16:52
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NonprayingMantis:
freitasm: Spark on Twitter calling those other networks "freeloaders".

Fail to see how, if they aren't using Sparks resources...

It is getting silly now.


I guess it means Freeloaders in the sense that to distribute content in NZ, you need to pay for the rights to do so. That's what sky etc have done.
Callplus is bypassing that, and as such is 'freeloading' because they are providing access to content where the rights have not been paid for.


They are not providing access to content. They don't host or have the content.




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NonprayingMantis
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  #1277173 4-Apr-2015 16:55
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freitasm:
NonprayingMantis:
freitasm: Spark on Twitter calling those other networks "freeloaders".

Fail to see how, if they aren't using Sparks resources...

It is getting silly now.


I guess it means Freeloaders in the sense that to distribute content in NZ, you need to pay for the rights to do so. That's what sky etc have done.
Callplus is bypassing that, and as such is 'freeloading' because they are providing access to content where the rights have not been paid for.


They are not providing access to content. They don't host or have the content.


Yes, see edit above for clarity.

Rikkitic
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  #1277174 4-Apr-2015 16:57
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NonprayingMantis: 
I guess it means Freeloaders in the sense that to distribute content in NZ, you need to pay for the rights to do so. That's what sky etc have done.
Callplus is bypassing that, and as such is 'freeloading' because they are providing access to content where the rights have not been paid for.

No-one is 'distributing' anything in NZ. They are just making it possible to access overseas content. Whatever your views about this, they are two different things. The lawyers are going to have so much fun with this.





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dafman
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  #1277176 4-Apr-2015 17:00
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kendo: Shame, maybe if they supported more than just a handful of Samsung android devices they would be in a better position.


I suspect they signed an exclusive contract with Samsung for X period, hence the "we can't say anything at the moment, but at some point in the future, but we can't tell you when, more device support is coming" official line we keep hearing.

NonprayingMantis
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  #1277177 4-Apr-2015 17:03
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Rikkitic:
NonprayingMantis: 
I guess it means Freeloaders in the sense that to distribute content in NZ, you need to pay for the rights to do so. That's what sky etc have done.
Callplus is bypassing that, and as such is 'freeloading' because they are providing access to content where the rights have not been paid for.

No-one is 'distributing' anything in NZ. They are just making it possible to access overseas content. Whatever your views about this, they are two different things. The lawyers are going to have so much fun with this.

yes, exactly. They are bypassing the need to pay for the rights to distribute in nz by providing illegitimate access to sites that distribute the content.

Yore right thogh that the lawyers are going to get pretty rich off this.

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