Global mode over ? Lets see.....

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814 posts

Ultimate Geek

#1283311 14-Apr-2015 22:20

NonprayingMantis:
jarledb: Not sure how taking away a service is a better deal for consumers. Mind you, I would probably still be using UnoTelly even if I was on an ISP that provided Global mode, because I doubt any Global mode providers provide the same range of channels as UnoTelly does. (Including norwegian TV).

not really better, but just only very slightly worse, because the alternatives to global mode are actually better than global mode. (for an example of how, see your post :) )

i.e. it is removing an option which is inferior for most people anyway

Yeah - lose one, but gain 2. I can actually see this as a win of sorts. And in the process, the fact that bypassing geoblocks is possible gets in the news, so even more peeps get on board.

Sooooo.....perhas the big 4 in this aren't actually Spark, Sky, TVNZ and mediaworks, but unotelly, unblock-us, dns4me and getflix. Now *that's* a paranoid conspiracy! ;)

Amosnz

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#1283313 14-Apr-2015 22:26

NonprayingMantis:
Amosnz: PrimoWireless (my ISP) just announced they are turning their GlobalMode off.

so now you can decide between using Hola (which is free) or unblock-us or unotelly (which are the enormous price of $5 or less per month and both significantly better than global mode anyway)

I don't actually intentionally use the service, and I'm well aware of the alternatives.
I mentioned it as Unlimited and Lightwire (other smaller ISP's) backed down last week, the fact they happen to be my ISP is irrelevant aside from that being the reason I found out.

Speedtest

browned

636 posts

Ultimate Geek

#1283374 15-Apr-2015 06:39

MyRepublic haven't said anything about this yet. They are pretty big in Singapore so I would hope we have another option other than Callplus.

Rikkitic

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#1284431 15-Apr-2015 08:46

I think the arguments against Global Mode are becoming very tired. I have read the Lightbox defence and it is clear that they are closely following threads like this one and are trying to do damage control. The reality is that the great unwashed masses are now aware that something like Global Mode exists, and many have also become aware that the world of media is much, much bigger than what New Zealand has to offer.

The genie is out of the bottle. If Global Mode is killed, some of the sheep will no doubt return to the fold, but many will take the (minimal) trouble to find an even better DNS proxy and learn how to set it up. Once they have a taste for real viewing choice, they won’t want to surrender that easily. The simple fact is that geographically restricted viewing is dead and all the lawsuits in the world are not going to change that.

Some of the discussion here has become very lawyerly, and if the court case does proceed, the lawyers will no doubt present these kinds of arguments. All this is academic, however. It doesn’t matter who is technically in the right or wrong. What matters is that the sheep have become aware that the grass is much greener on the other side of the fence, and nothing is going to stop them from trying to get at it. Even if New Zealand media companies could erect a Great Wall of their own, the awareness of what is possible would remain, and this would generate much anger and resentment. The knowledge that there is something better out there cannot be undone. If New Zealand media companies want to survive, they will have to learn how to compete in the real world. If Hollywood wants to stop pirates from stealing their latest products before they even go to air, it will have to change its business model. Geographical restriction and exclusivity contracts can not work in a connected world.

Plesse igmore amd axxept applogies in adbance fir anu typos

mdf

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#1284456 15-Apr-2015 09:20

I really hope CallPlus doesn't back down. While the immediate outcome is whether Callplus can promote Global Mode or not, there are wider implications.

If anti-geoblocking is not a breach of copyright in New Zealand, then all methods of circumventing geoblocking are legal in New Zealand - Global Mode, but also VPNs, DNS and other clever methods that come about in the fullness of time (and I confess I don't know the specifics of how Unblock US, Unotelly etc. actually work).

If anti-geoblock is a breach of copyright, then all methods of circumventing geoblocking are probably illegal (at least when used to circumvent geoblocking). While some/most of the providers of these services are overseas and beyond the reach of New Zealand law (and lawsuits), there is still an issue for New Zealand users who would be breaching copyright.

For the anti-geoblock services that are detectable by ISPs, I can see a situation where file sharing-like infringement notices are sent out - "We see that you (or someone in your house) is using anti-geoblocking technology. This might be a breach of copyright. Stop or we'll sue."

The file sharing regime wouldn't apply (since it's not file sharing), but now we're in a situation where some of the ISPs are also content providers, and have a commercial incentive of their own to stop people using anti-geoblocking technology.

While I am sure that some anti-geoblock measures would not be detectable, this kind of heavy handed approach could well change behaviours for some, particularly the less technically inclined (or cop a lot of negative publicity). This seem to be part of the objective of the initial lawsuit.

In some ways, I can see winning anti-geoblocking being a total own goal - you can pay Netflix $X a month and be in breach of copyright, or you can torrent (or direct download etc.) for free and still be in breach of copyright. Well...

I think there is a real issue as to whether anti-geoblocking amounts to a breach of copyright or not, and it is definitely arguable both ways. It would be awesome to get some clarity here because right now it is just FUD.

dclegg

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#1284461 15-Apr-2015 09:25

mdf: I
If anti-geoblock is a breach of copyright, then all methods of circumventing geoblocking are probably illegal (at least when used to circumvent geoblocking). While some/most of the providers of these services are overseas and beyond the reach of New Zealand law (and lawsuits), there is still an issue for New Zealand users who would be breaching copyright.

What implications would such a decision have on region-free DVD players, and out of region DVDs imported from overseas? That has already been established in New Zealand law as being legal. Why should there be an inconsistency just because the media is streamed via the Internet instead of from a spinning disc?

mdf

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#1284470 15-Apr-2015 09:36

dclegg:
mdf: I
If anti-geoblock is a breach of copyright, then all methods of circumventing geoblocking are probably illegal (at least when used to circumvent geoblocking). While some/most of the providers of these services are overseas and beyond the reach of New Zealand law (and lawsuits), there is still an issue for New Zealand users who would be breaching copyright.

What implications would such a decision have on region-free DVD players, and out of region DVDs imported from overseas? That has already been established in New Zealand law as being legal. Why should there be an inconsistency just because the media is streamed via the Internet instead of from a spinning disc?

The difference between DVDs and streaming is the terms and conditions of the EULA.

To the best of my knowledge, no DVD EULA includes a term (to the effect that) "You can only view this DVD if you are resident in territory X".

However, the Netflix EULA definitely does include such a term.

The issue in this case is whether the breach of an EULA term is (just) a breach of contract, or a breach of copyright. A bit more detail in this post.

EDIT: typo

Quic Broadband

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insane

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#1284473 15-Apr-2015 09:38

I wonder whether these ISPs which have withdrawn the service will allow users who signed up on lure of Global Mode to end their contracts without penalty. Has anyone tried?

Behodar

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#1284479 15-Apr-2015 09:43

mdf: To the best of my knowledge, no DVD EULA includes a term (to the effect that) "You can only view this DVD if you are resident in territory X".

Most of my American ones say something like "not for sale outside the US or Canada" on the back. I even have several official NZ ones that say "not for sale outside Australia" so it seems that nobody enforces those terms!

MikeB4

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#1284481 15-Apr-2015 09:48

If I were purchasing an ISP like Callplus I would very likely during due diligence consider making the cessation of Global Mode a condition of sale, with the threat of litigation it would be a complication best avoided in the interim.

StarBlazer

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#1284511 15-Apr-2015 10:17

If GlobalMode and by definition the use of either VPN or DNS are illegal then anyone using Netflix etc will be an easy target for the industry to issue infringement notices/civil actions. All they will have to do is contact Netflix and subpoena the records of anyone with an account where the address is not the same as the site they are accessing - it will be like shooting fish in a barrel. As Netflix is not in NZ we have no protection of our personal information and they will pass the details to a company in NZ to issue the court documents.

Let's hope that doesn't happen - not hopeful considering they left format shifting of video as copyright infringement.

Procrastination eventually pays off.

browned

636 posts

Ultimate Geek

#1284538 15-Apr-2015 10:32

As Netflix is in the US, it has no obligation the hand over any details to a NZ company and if it did so you could possibly sue Netflix in the US for breaching their contract with you.

StarBlazer

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#1284575 15-Apr-2015 10:49

browned: As Netflix is in the US, it has no obligation the hand over any details to a NZ company and if it did so you could possibly sue Netflix in the US for breaching their contract with you.

No, Netflix US will be forced to hand over the details to the US copyright owner, who will pass that on to a company in NZ to enforce. As we are not US citizens we have no rights for protection of our privacy.

Procrastination eventually pays off.

Benoire

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#1284577 15-Apr-2015 10:52

And most likely no right to sue as you do not have rights to access US based content.

browned

636 posts

Ultimate Geek

#1284584 15-Apr-2015 11:02

hmm a copyright owner suing someone in NZ because they are paying that copyright owner to watch the content from another country. Talk about shooting yourself in the foot.

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