NonprayingMantis:
from a practical point of view, how would you enforce this?
How would an NZ court enforce HBO (based in America) and stop them from refusing to sell to a second party.
If HBO sells content rights to Sky, can HBO be forced by NZ to sell to somebody else in NZ (e.g. Lightbox)? At what price? What if Lightbox doesn't want to pay that price? Must HBO keep lowering their price until they get another buyer in order to avoid being 'exclusive'?
It wouldn't be enforcement as such, but would give Global Mode providers such as Bypass Systems the legal rope they need to offer their services. And because of that, NZ broadcasters could attempt to negotiate lower rates when purchasing content, due to the inability to no longer guarantee exclusive regional distribution rights.
But the key word there is "attempt". There is no guarantee that content creators would agree to this during negotiations, and the net result may well end up being that NZ broadcasters can no longer afford to purchase local distribution rights for marquee shows. We are then at the mercy of geo-unblocking services to continue to win the game of whack-a-mole.
This really is an interesting debate. As a parallel importer of SVOD services myself, I really don't want to see the demise of the ability to stream content from overseas that our local providers don't currently provide (or provide at vastly inflated prices). As a software developer, I'll never resort to torrenting to get to this content, as I'm morally opposed to doing that.
Being able to pay for parallel imported content sits well with my moral compass, as I know I'm feeding money into the content creation system. I get the argument that paying Netflix may ultimately be lining their coffers with more money, which may not necessarily be passed upstream to other content creators. But I posit that it still gives them more funds to purchase more content going forward. And when parallel importing content directly from the content creator (such as HBO Now), I find that argument holds less water.
I also get the need for local broadcasters to attempt to defend their turf. But I still reckon that going the Global Mode battle route is the wrong call, and won't be a game they'll easily win. They need to look at ways they can add value over the existing parallel imported systems. And the key to that may well be local content that these overseas SVOD providers have no interest in offering.