Global mode over ? Lets see.....

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Awrrr
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#1286363 17-Apr-2015 15:14

I still think the wrong issue is being debated. Everyone keeps banging on about whether Global Mode is legal or not, or can be justified on grounds other than bypassing geographical restrictions. Think of geo-blocking as a prison. It is specifically and exclusively intended to prevent people from getting out. This is much like the Soviet Union during the Cold War. The question then becomes not whether it is legal, or moral, to help those inside escape, but whether it is legal, or moral, to lock them inside in the first place. In digital terms, New Zealand is surrounded by an Iron Curtain. The guards want to prevent us from seeing other parts of the world. Stealing a key, or breaking a lock, is illegal. So what? Helping American slaves escape to the North was also illegal. It all depends on how you look at it.

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Benoire

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#1286366 17-Apr-2015 15:18

No its not Rikkitic, it is the right debate. Until the contents rights holders change their licensing model, which they likely won't until it becomes more financially viable to them than the current model, we're stuck with geographical licensing from the rights owners, that is a different debate and not the one Sky et al are pursuing.

sen8or

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#1286377 17-Apr-2015 15:22

The local distributors already tried that back in 2002 (I think it was about then) when they pressured Govt to make a law preventing the importation of movies on DVD for commercial purposes.

The ban was placed for specific circumstances (no parallel importing for the purposes of sale or rental within a 9 month period of its cinema release) but outside of that, there were no restrictions, furthermore, parallel importing movies for private consumption / ownership was allowed (I believe it was "Stuart Little" that brought the situation to a head when dvd rental shops had the title on their shelves before Roadshow had even had a local cinema release).

This particular piece of legislation had an expiry clause and was rolled over abut 2 years ago, it is also up for renewal shortly (if it hasnt already been done, Ive been out of the DVD industry for a year now so a little out of touch), but it was expected that this time would be the last time renewal would be sought owing to the relevance of the legislation in the digital age.

StarBlazer

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#1286389 17-Apr-2015 15:45

I found this in regards to UK TV and the licence fee - full Q&A here

‘Live TV’ means any programmes you watch or record at the same time as they’re being shown on TV or an online TV service.

An online TV service is a service that mainly aims to provide TV programmes over the internet, e.g. on a website or through an app or Smart TV.

If you only ever watch ‘on demand’ programmes, you don’t need a TV Licence. On demand includes catch-up TV, streaming or downloading programmes after they’ve been shown on live TV, or programmes available online before being shown on TV.

EDIT: Formatting

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StarBlazer

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#1286393 17-Apr-2015 15:49

Plus this!

Do I need a TV Licence to watch live TV programmes from outside the UK or Channel Islands?

Yes, you need a TV Licence if you watch or record live TV online, no matter where it is distributed from. This includes online streamed programmes from outside the UK and Channel Islands.

‘Live TV’ means any programme you watch or record at the same time as it’s being shown on TV or an online TV service.

If you only ever watch ‘on demand’ programmes, you don’t need a TV Licence. On demand includes catch-up TV, streaming or downloading programmes after they’ve been shown on live TV, or programmes available online before being shown on TV.

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Benoire

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#1286469 17-Apr-2015 17:38

Yup but you do need to live in the UK to watch the content though :-)

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#1286554 17-Apr-2015 21:02

NonprayingMantis:

It would get tricky within NZ if a VPN seller advertised it specifically "to access Netflix", rather than a more general "Fake your location, get access to websites normally unavailable"
the first option would clearly be for copyright infringement (assuming that is what the courts decide) but the second option has plausible deniability.

And this is exactly where CallPlus, Slingshot et al have positioned themselves - promoting access to overseas material that is subject to overseas copyright, rather than promote access to overseas gateways not normally view able from NZ.

I said it back in August last year when this started to form - bad move to publicly stick your finger up to the Big 4 and say "try me". If Global was promoted lightly, the problem may have gone away, or been swept under the carpet quietly. It certainly would not have got to the stage where it is now - about to be tried in law

CallPlus have given the Big 4 an opportunity to do what they would not have been able to do if left dealing with the smaller overseas unblockers - they have given Sky etc the opportunity to test this in an NZ court against an NZ company. Sometimes, you are better to just nibble away quietly.

sultanoswing

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#1286695 18-Apr-2015 09:40

Just reading the latest online Consumer magazine. In it, the author opines, with respect to SVOD and international conent, that "There are legal ways to view this content, though it requires doing some technical work."

This is not, I presume, Consumer's officially sanctioned legal position, but interesting to see that in their view, accessing internation content is "legal".

https://www.consumer.org.nz/articles/streaming-video-services

EDIT: Actually, one of their staff writers at least, seems firmly in favour of Global mode accessing:
https://www.consumer.org.nz/articles/opinion-our-take-on-global-mode-fight

freitasm

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#1286714 18-Apr-2015 10:07

I was told by a third party that one of the Big Four involved in this imbroglio had previously asked Consumer to remove articles with instructions on how to use VPNs...

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sultanoswing

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#1286721 18-Apr-2015 10:36

freitasm: I was told by a third party that one of the Big Four involved in this imbroglio had previously asked Consumer to remove articles with instructions on how to use VPNs...

Do you know if they acquiesced? (Actually, I could scout around Consumer's site seeing if they did, as I seem to recall some instructions previously).

Either way, the request itself is another example of NZ information tech descending towards the sort of rogue states we pride ourselves on being better than. The sort of states that precisely *need* VPNs in order to agitate for any sort of freedom and free access to information. Yay TTPA. Yay Big Brother.

freitasm

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#1286729 18-Apr-2015 10:59

The story goes they declined to remove the content.

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#1286736 18-Apr-2015 11:11

Wider picture: geoblocking is restraint of trade. Ironically, the supposedly "free trade" TPP will enforce this kind of restraint more fiercely than before. Forget about this battle, think about the war...

Rikkitic

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#1286829 18-Apr-2015 15:17

What bothers me the most about this are the attempts to control the free flow of knowledge. If this is a business model, it is a bad one. An industry that depends on market protection through enforced ignorance doesn't deserve to exist anyway.

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#1286840 18-Apr-2015 15:34

rfdawn: Wider picture: geoblocking is restraint of trade. Ironically, the supposedly "free trade" TPP will enforce this kind of restraint more fiercely than before. Forget about this battle, think about the war...

Once TPP comes into effect Parappel Importing will be illegal. Using a product such as Global Mode would be illegal, and a service such as YouShop may also face some legal challenges - while YouShop doesn't circumvent a TPM in the way Global Mode does, it does allow the importation of goods into NZ which has potential Copyright issues if there is an existing distributor in NZ of said products.

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#1286856 18-Apr-2015 16:02

NonprayingMantis:It may be copyright infringement (which would make it a crime). We don't know yet, since it hasn't been tested in court.

No, it would make it a tort as this is a civil matter. The exception would be if it was prosecuted under s131 of the Copyright Act 1994.

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