[AusNOG] Commsday: Slingshot to open access to Netflix in New Zealand

Mon Jul 7 15:16:42 EST 2014

You're conflating contact law with criminal law. Given foreign jurisdiction
law only applies to Australians by specific agreement (either where conduct
is illegal in both jurisdictions like child sex offences, or in some cases
tax matters) we'll set aside the criminal matter because infringing
copyright without commercial scale or other Copyright Act requirements for
offences is not illegal in both Australia and the US (only in the US). The
circumvention of geoblocking has been found by parliamentary inquiry to not
be an example of illegally circumventing a TPM as per the Australian
Copyright Act so no dice there either.

On the contract matter you are indeed contracting with a US entity and they
insist the terms of that contract are under US jurisdiction.  This means
using the service as an Australian national is a breach of the contract and
they could cancel your subscription and pursue you for any money you've
cost them which I suspect would be rather fruitless given you pay for the
subscription.  I am sure they are actively pursuing ways of culling their
subscriber base and associated revenue using this approach.
On 07/07/2014 2:57 PM, "Serge Burjak" <sburjak at systech.com.au> wrote:

> I'm not a lawyer, but have been in discussions with some on similar
> matters in a different industry.
>
> You are entering into a contract with a US company and US jurisdiction.
>
> You certify to certain things, like your identity.
>
> By using it outside the US you are circumventing certain technological
> controls the copyright owners have insisted on the geographical area it is
> to be used in.
>
> It would seem that US law would prevail here, not local. The US has a
> history of global enforcement.
>
> What could possibly go wrong...
>
>
> Cable TV/ Content delivery of this type has been mainly locked in by
> people like Foxtel. Do you think an offering for sub $20 would be a goer in
> Australia?
>
> Just an opinion.
>
>
>
>
> On 7 July 2014 12:03, Skeeve Stevens <skeeve+ausnog at eintellegonetworks.com
> > wrote:
>
>> The effort for Netflix to launch in Australia is insignificant.
>>
>> This is how they peer: https://www.netflix.com/openconnect
>>
>> Which would mean, that for ISPs who set it up, would be delivering
>> content locally to its users.
>>
>> The front-end of Netflix is what needs to support it I would think.
>>
>> I need one at home :)
>>
>>
>> ...Skeeve
>>
>> *Skeeve Stevens - *eintellego Networks Pty Ltd
>> skeeve at eintellegonetworks.com ; www.eintellegonetworks.com
>>
>> Phone: 1300 239 038; Cell +61 (0)414 753 383 ; skype://skeeve
>>
>> facebook.com/eintellegonetworks ;  <http://twitter.com/networkceoau>
>> linkedin.com/in/skeeve
>>
>> twitter.com/theispguy ; blog: www.theispguy.com
>>
>>
>> The Experts Who The Experts Call
>> Juniper - Cisco - Cloud - Consulting - IPv4 Brokering
>>
>>
>> On Mon, Jul 7, 2014 at 11:24 AM, Beeson, Ayden <ABeeson at csu.edu.au>
>> wrote:
>>
>>> This is a topic we have discussed at work quite a bit lately and we have
>>> come to the agreement that is isn’t “copyright infringement” per say, but
>>> it is definitely breaking the terms and conditions of Netflix etc, and
>>> likely could be construed as fraud as well depending on how you have signed
>>> up (faking an address for example, real or otherwise)
>>>
>>>
>>>
>>> With that said, you raise a good question, if you are a legitimate user
>>> from the US using a VPN to access it, it’s probably not the same, I’d say
>>> they base it on the residential status of the account holder, not the
>>> current location of them.
>>>
>>>
>>>
>>> Either way, I’d say you would be MUCH better off in front of a judge for
>>> this rather than downloading it from TPB or other illegal torrent sites….
>>>
>>>
>>>
>>> As for original content, I’d say there is nothing in the way for Netflix
>>> to do that today here, other than the lack of the entire backend
>>> infrastructure which would be fairly pricey just to host a few shows….
>>>
>>>
>>>
>>> Side note – you forgot to mention Arrested Development, one of the best
>>> things Netflix has taken lately J
>>>
>>>
>>>
>>> Thanks,
>>>
>>> *Ayden Beeson*
>>>
>>>
>>>
>>> *From:* AusNOG [mailto:ausnog-bounces at lists.ausnog.net] *On Behalf Of *Skeeve
>>> Stevens
>>> *Sent:* Monday, 7 July 2014 11:03 AM
>>> *To:* Serge Burjak
>>> *Cc:* ausnog at ausnog.net
>>> *Subject:* Re: [AusNOG] Commsday: Slingshot to open access to Netflix
>>> in New Zealand
>>>
>>>
>>>
>>> I'd like to understand why you think it is copyright infringement... you
>>> might be right, but my feeling (not valid for legal purposes) is that it
>>> wouldn't be.
>>>
>>>
>>>
>>> You are subscribing to a service, who are paying for the content... and
>>> you are paying them.
>>>
>>>
>>>
>>> If I was a US resident travelling in AU/NZ and used a VPN to watch my
>>> Netflix subscription... is that illegal?  Is it the location you are
>>> watching, or the location of the subscriber?
>>>
>>>
>>>
>>> Also, what about Netflix original content - House of Cards, Orange is
>>> the new Black? Surely they are allowed to let us watch that?  Or is that
>>> allowed, and now we're actually talking about which specific content we
>>> watch?  In which case, isn't that pushed back onto Netflix?
>>>
>>>
>>>
>>> ...Skeeve
>>>
>>>
>>>
>>> *Skeeve Stevens - *eintellego Networks Pty Ltd
>>>
>>> skeeve at eintellegonetworks.com ; www.eintellegonetworks.com
>>>
>>> Phone: 1300 239 038; Cell +61 (0)414 753 383 ; skype://skeeve
>>>
>>> facebook.com/eintellegonetworks ; linkedin.com/in/skeeve
>>>
>>> twitter.com/theispguy ; blog: www.theispguy.com
>>>
>>>  The Experts Who The Experts Call
>>>
>>> Juniper - Cisco - Cloud - Consulting - IPv4 Brokering
>>>
>>>
>>>
>>> On Mon, Jul 7, 2014 at 10:44 AM, Serge Burjak <sburjak at systech.com.au>
>>> wrote:
>>>
>>> Strictly speaking, it's still copyright infringement. The fact you pay
>>> for it doesn't make it better. It's like getting an MS licence and
>>> saying you are student, but using it in a business. It's against the
>>> T&Cs.
>>>
>>> It would make a LOT of sense for Netflix to open in Australia next.
>>> The pent up demand would be huge, if they could get a decent range of
>>> programming, another problem. I think we are more literate in area
>>> than parts of Europe, their next destination.
>>>
>>> On 7 July 2014 10:36, Steve Kurzeja <steve.kurzeja at gmail.com> wrote:
>>> > That announcement is a bit short on the detail. Its been operating for
>>> a
>>> > year now, launched as a free opt-in option for Slingshot customers.
>>> Now its
>>> > on by default.
>>> >
>>> > For more detail this artcile covers most of it:
>>> >
>>> http://www.stuff.co.nz/technology/digital-living/60133677/slingshot-opens-global-mode-for-all-users
>>> >
>>> >
>>> > On Mon, Jul 7, 2014 at 11:10 AM, Cameron Daniel <cdaniel at nurve.com.au>
>>> > wrote:
>>> >>
>>> >> Maxnet tried this last year, it lasted all of about a week if I
>>> remember
>>> >> correctly
>>> >>
>>> >> It'd be nice to see attempt #2 last longer but I'm not particularly
>>> >> optimistic
>>> >>
>>> >>
>>> >> On 2014-07-07 8:51 am, Skeeve Stevens wrote:
>>> >>>
>>> >>> Well, this is innovative... something I LOVE to see from ISPs.
>>> >>>
>>> >>> So, who is going to do this in Australia? If there is no legal
>>> >>> hurdles, then I can imagine the ISP or transit provider that does
>>> this
>>> >>> would get a lot of interest.
>>> >>>
>>> >>> If they won't come to us, then we go to them!
>>> >>>
>>> >>> Maybe Vocus could consider it? :)
>>> >>>
>>> >>> ...Skeeve
>>> >>>
>>> >>> ================
>>> >>> SLINGSHOT TO OPEN ACCESS TO NETFLIX IN NEW ZEALAND
>>> >>>
>>> >>>
>>> >>> New Zealand ISP Slingshot has turned on its “Global Mode” service
>>> >>> that alows local customers to access previously blocked sites
>>> >>> including Netflix, Hulu, Amazon Prime and BBC iPlayer.
>>> >>>
>>> >>> The broadband provider, a subsidiary of CalPlus, is making the
>>> service
>>> >>> available to all customers for free, allowing them to get around
>>> >>> geographic restrictions.
>>> >>>
>>> >>> Slingshot GM Taryn Hamilton told CommsDay the company wasn't
>>> expecting
>>> >>> any legal challenges to the workaround, noting that it was not
>>> >>> breaking any NZ legislation. He also noted that Australian customers
>>> >>> had similar chalenges to those in New Zealand.
>>> >>>
>>> >>> “We’d be extremely disappointed to se any challenge as this is
>>> >>> about he NZ consumer, not Slingshot,” Hamilton said. “The
>>> >>> alternative for many at he moment is to pirate content, which is not
>>> >>> helping anyone. The model needs to change and hopefully this wil help
>>> >>> facilitate that.”
>>> >>>
>>> >>> Hamilton said the ISP believes the time has come for New Zealanders
>>> to
>>> >>> have the same choice of content hat hose in America and Europe have.
>>> >>>
>>> >>> “We know Kiwis want o watch movies and TV series online but are
>>> >>> blocked from using the world’s best and most popular streaming
>>> >>> services. We are now giving Kiwis aces to these sites – and an
>>> >>> option to pay for the content hey want o watch at a fair price.”
>>> >>>
>>> >>> Hamilton said the issue extends beyond TV and movies, noting that New
>>> >>> Zealanders pay significantly more for many technology services and
>>> >>> products.
>>> >>>
>>> >>> The move also comes ahead of launches by Telecom New Zealand and Sky
>>> >>> TV, both of which are preparing subscription video services for
>>> >>> consumers.
>>> >>>
>>> >>> Geoff Long
>>> >>> ================
>>> >>>
>>> >>> If you liked this story, please consider subscribing to Commsday
>>> >>> www.commsday.com [1]
>>> >>>
>>> >>> SKEEVE STEVENS - eintellego Networks Pty Ltd
>>> >>>
>>> >>> skeeve at eintellegonetworks.com ; www.eintellegonetworks.com [2]
>>> >>>
>>> >>>
>>> >>>  Phone: 1300 239 038; Cell +61 (0)414 753 383 ; skype://skeeve
>>> >>>
>>> >>> facebook.com/eintellegonetworks [3] ;  [4]linkedin.com/in/skeeve [5]
>>> >>>
>>> >>> twitter.com/theispguy [6] ; blog: www.theispguy.com [7]
>>> >>>
>>> >>>
>>> >>> The Experts Who The Experts Call
>>> >>> Juniper - Cisco - Cloud - Consulting - IPv4 Brokering
>>> >>>
>>> >>> Links:
>>> >>> ------
>>> >>> [1] http://www.commsday.com
>>> >>> [2] http://www.eintellegonetworks.com/
>>> >>> [3] http://facebook.com/eintellegonetworks
>>> >>> [4] http://twitter.com/networkceoau
>>> >>> [5] http://linkedin.com/in/skeeve
>>> >>> [6] http://twitter.com/theispguy
>>> >>> [7] http://www.theispguy.com/
>>> >>>
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