[AusNOG] Netflix coming to Australia

[Joseph Goldman]

On 26/05/14 15:10, Geordie Guy wrote:
>
> On Mon, May 26, 2014 at 3:03 PM, Joseph Goldman <joe at apcs.com.au 
> <mailto:joe at apcs.com.au>> wrote:
>
>     The problem with this though is it is still technically illegal is
>     it not? The rights are not for distribution in AU so you are kind
>     of breaking copyright just as much as a torrent?
>
>
> 1) Infringing copyright is not a criminal offence in Australia unless 
> it meets various secondary criteria.  Commercial scale, public 
> display, advertising and infringing work, circumvent technology 
> protection measure etc.

Can you link to the relevant laws about this? Genuinely curious to know 
the specific secondary criteria and their definitions.

>
> 2) The rights for distribution are a matter between Netflix and other 
> parties who provide them content under an agreement which includes 
> that they not distribute it to Australia.  If they do, that's a matter 
> for them versus their content producers, not between them and their 
> subscribers.  It is a violation of Netflix ToS to access the site 
> outside of the licensed area, so under that ToS they could cancel your 
> account.  I'm sure they are actively investing in ways of cancelling 
> 200,000 subscribers in Australia and forgoing $1.4m in revenue a month.

Yes I can imagine they are not trying too hard to block AU users, but if 
they are negligent in applying the terms of their distribution the 
content owners may have something to say about it, so they probably do a 
'bare minimum'.

>
>     I suppose the only moral standpoint is you are providing money to
>     someone which is likely to end up in the content owner getting
>     *some* return, but its only a small moral victory and still not
>     'legitimate'.
>
>
> Not sure what legitimate in this context means. Bottom line is they 
> are not planning a service here because they basically already are and 
> were they to do so officially would upset heaps of people they do 
> business with.

  Legitimate in this context is content distributed to me as an 
Australian resident, that does not break any distribution agreements or 
Terms of Service of the services I am utilising to access that content. 
For all intents and purposes, I am watching that content having paid 
through proper channels to do so.

>
>
>     On 26/05/14 14:55, Geordie Guy wrote:
>
>     Unblock-us.com is $5 a month and Netflix is $7 a month.  That's
>     what I do, $14 a month. I don't know how much that particular
>     Unblock-Us solution makes up of the up-to 200,000 Australian
>     subscribers who choose to purchase a Netflix subscription because
>     there's heaps of other options, but it works for me and took
>     approximately 8 seconds to set up.
>
>     G
>>
>>
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