Global mode over ? Lets see.....

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#1277239 4-Apr-2015 21:16

richms: They _really_ dont want to do something like that, because of how many people in the US are without banks and rely on prepaid or employer provided debit cards that dont really support the address verification.

Thats a good point.
In the USA, many companies like McDonalds pay their employees using pre-paid debit cards.
It is much harder to open a general chequeing account too - you have to pass a credit check. Here you just dont get an overdraft allowance and they allow almost anyone to open a bank account.

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#1277241 4-Apr-2015 21:20

Oblivian: Article on 1 news shortly

Lol he missed out the key point - the customer is still paying to watch the content. In fact the reporter went as far to mislead by saying that global mode makes the content free to the end user.

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sbiddle

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#1277242 4-Apr-2015 21:24

NonprayingMantis:

Callplus are hanging their hat on this part, which seem to exclude 'geoblocking' from being a TPM

226Definitions of TPM terms

In sections 226A to 226E, unless the context otherwise requires,— TPM or technological protection measure—

(a)means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)for the avoidance of doubt, 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)

There is no uncertainty around this. If there was NZ wouldn't have multizone DVD players.

Once TPP is here however we're likely to be slammed - multizone DVD players will be illegal, as well parallel importing.

Benoire

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#1277245 4-Apr-2015 21:32

I have a question... Is it legally ok (as in I don't know the answer to this one) to parallel import a right to content which you do not have rights for via that method? I.e. Sky has Game of Thrones rights in NZ from HBO, does that mean that accessing GoT via a service that doesn't have the rights to provide it in this Country is deemed legal and able to be parallel imported or are the rights of the content holder (irrelevant if the way they do business is the correct one in this context) greater than the parallel import laws?

I see this whole situation as Sky et al having paid large sums of money for rights for distribution in this Country yet global mode allows you to access another Countries rights to access despite this Country not having general availability of said rights apart from through the company that has the rights in NZ? And yes, I think that if they win this case they will go after the legal use of unblock-us and others in this Country.

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#1277249 4-Apr-2015 21:37

sbiddle:
NonprayingMantis:

Callplus are hanging their hat on this part, which seem to exclude 'geoblocking' from being a TPM

226Definitions of TPM terms

In sections 226A to 226E, unless the context otherwise requires,— TPM or technological protection measure—

(a)means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)for the avoidance of doubt, 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)

There is no uncertainty around this. If there was NZ wouldn't have multizone DVD players.

Once TPP is here however we're likely to be slammed - multizone DVD players will be illegal, as well parallel importing.

I would suspect that (b) would not apply for 'geoblocking' services such as by direct access to say Netflix using Global Mode, content that has distribution rights in NZ bring infringed as you do not have rights to access it via that means... Global mode allows you to step pass the contracted services provider (Sky et al) for NZ and go directly with one that does not have the rights for New Zealand.

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#1277273 4-Apr-2015 22:39

NonprayingMantis:

Callplus are hanging their hat on this part, which seem to exclude 'geoblocking' from being a TPM

226Definitions of TPM terms

In sections 226A to 226E, unless the context otherwise requires,— TPM or technological protection measure—

(a)means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)for the avoidance of doubt, 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)

Ahhh, missed that on the way through. I'm not sure about the circular bit (it's okay to bypass something to protect copyright infringement if you access it for non-infringing purposes), but the example seems pretty clear. It's squarely aimed at DVD regions, but it would seem to apply to anti-geoblocking tech too.

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#1277319 5-Apr-2015 06:40

sbiddle:
NonprayingMantis:

Callplus are hanging their hat on this part, which seem to exclude 'geoblocking' from being a TPM

226Definitions of TPM terms

In sections 226A to 226E, unless the context otherwise requires,— TPM or technological protection measure—

(a)means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)for the avoidance of doubt, 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)

There is no uncertainty around this. If there was NZ wouldn't have multizone DVD players.

Once TPP is here however we're likely to be slammed - multizone DVD players will be illegal, as well parallel importing.

I think you'll be right Steve with the TPP. Media companies will sue unblockus and other geoblock avoidance companies. Then go after their customers if they get access to their database as part of the settlement. Worst case granted.. but anything could happen.
It looks pretty bad in regards to pharmaceuticals. Which would cost the country mure more than media content. But still looks likely to pass.

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NonprayingMantis

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#1277326 5-Apr-2015 07:43

BarTender:
sbiddle:
NonprayingMantis:

Callplus are hanging their hat on this part, which seem to exclude 'geoblocking' from being a TPM

226Definitions of TPM terms

In sections 226A to 226E, unless the context otherwise requires,— TPM or technological protection measure—

(a)means any process, treatment, mechanism, device, or system that in the normal course of its operation prevents or inhibits the infringement of copyright in a TPM work; but

(b)for the avoidance of doubt, 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)

There is no uncertainty around this. If there was NZ wouldn't have multizone DVD players.

Once TPP is here however we're likely to be slammed - multizone DVD players will be illegal, as well parallel importing.

I think you'll be right Steve with the TPP. Media companies will sue unblockus and other geoblock avoidance companies. Then go after their customers if they get access to their database as part of the settlement. Worst case granted.. but anything could happen.
It looks pretty bad in regards to pharmaceuticals. Which would cost the country mure more than media content. But still looks likely to pass.

Suing a domestic company that has plenty of other interests in nz they need to worry about is one thing. Suing a company which is based overseas is a hell of a lot harder.

lchiu7

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#1277360 5-Apr-2015 10:03

Suing a domestic company that has plenty of other interests in nz they need to worry about is one thing. Suing a company which is based overseas is a hell of a lot harder.

Especially when it seems Unotelly and Unblock are not even located in the US and I doubt even have US offices.

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#1277369 5-Apr-2015 10:32

lchiu7:

Suing a domestic company that has plenty of other interests in nz they need to worry about is one thing. Suing a company which is based overseas is a hell of a lot harder.

Especially when it seems Unotelly and Unblock are not even located in the US and I doubt even have US offices.

I wonder what Kim Dotcom could add to this?

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#1277740 6-Apr-2015 11:14

I think the best summary of this outrageous move is by Jonathan Mosen (a.k.a. jmosen on Geekzone) on his blog:

"New Zealand's lack of accessibility a good reason to beat geo-blocking"

While looking at this from the accessibility side, the piece also gives good insight into the behind-the-scenes interests.

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#1277741 6-Apr-2015 11:14

DaveB:
lchiu7:

Suing a domestic company that has plenty of other interests in nz they need to worry about is one thing. Suing a company which is based overseas is a hell of a lot harder.

Especially when it seems Unotelly and Unblock are not even located in the US and I doubt even have US offices.

I wonder what Kim Dotcom could add to this?

No, please don't.

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#1277768 6-Apr-2015 12:25

freitasm: I think the best summary of this outrageous move is by Jonathan Mosen (a.k.a. jmosen on Geekzone) on his blog:

"New Zealand's lack of accessibility a good reason to beat geo-blocking"

While looking at this from the accessibility side, the piece also gives good insight into the behind-the-scenes interests.

Outstanding commentary. Everyone should read it. The media companies behind this action should hang their heads in shame. Apart from the aspects of Internet freedom and the rights of New Zealanders to seek content wherever they like, the issues affecting the blind were something I never realised and had never thought about before. This adds a whole extra dimension to this despicable action. These media companies, especially $ky, owe this country a huge apology. Instead of demanding protection for their undeserved profits, they ought to be begging mercy for their despicable behaviour. I have already stopped watching TV1, 2 and 3, just because they are really uninteresting and I am sick of their commercials. Now I will make a renewed effort to wean my household off $ky. They don't deserve anyone's patronage.

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#1277893 6-Apr-2015 16:02

freitasm: I think the best summary of this outrageous move is by Jonathan Mosen (a.k.a. jmosen on Geekzone) on his blog:

"New Zealand's lack of accessibility a good reason to beat geo-blocking"

While looking at this from the accessibility side, the piece also gives good insight into the behind-the-scenes interests.

Great commentary.

Is the answer to completely get rid of geo-blocking though? In some cases, it works to our advantage. For example, Premier League Pass provides access to the EPL in New Zealand much cheaper than is available in overseas jurisdictions (e.g. the UK). Looking at it one way, you could say the the UK providers of EPL (BT Sport and Sky) are gouging UK customers, but the flipside you could say that NZ customers are getting it cheap. The price the market will bear is much higher in the UK than NZ. This is probably mostly due to demand (the UK audience more fervently supports football than NZ and is willing to pay more) but is also at least in part (I suspect) due to the higher average income in the UK.

Suppose the EPL decided that it would sell broadcasting rights directly worldwide with no geographic restrictions or middlemen (not even Netflix). You just signed up for an account direct where ever you are. I can almost guarantee that the pricing would be much more than we pay now. The pricing would likely be determined largely by what the UK market will bear, rather than the worldwide market. Without getting into the maths, there will likely be more money for the EPL in charging a higher rate to fewer customers, than a lower rate to more customers.

Not trying to be a devil's advocate or be a geoblocking advocate. Genuine questions.

Rikkitic

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#1277900 6-Apr-2015 16:34

Genuine questions deserve serious answers. I don’t know how things would shake out if geo-blocking ceased and there was one price for everyone. What I do know is that NZ media companies have ruthlessly exploited the lack of choice we had until Internet streaming came along. We pay far too much, in actual cash and in excessive commercial intrusions and poor programming quality, for way too little. Now these companies are trying to prevent real competition by dishonourable means. They want to wall off New Zealand and keep it isolated so they can continue squeezing consumers with having to invest in annoying improvements like genuine high definition (never mind ultra high) and better programming. They just want things to stay the same so they can continue charging us premium prices for technology and content that is already out of date in the rest of the world.

Maybe our costs would go up if there was one market for all. I don’t think so because our costs are already kept artificially high in the small market that is New Zealand. I think it is more likely, as already mentioned, that some costs might go up for specific content. Personally, I would find this a small price to pay for genuine choice, and whatever the costs ended up being, at least they would be determined by a genuinely open and competitive market, not the protected private fiefdom that currently rules media choice in this country.

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