The “Global Mode” case has been settled in favour of the big media companies.
A notice posted this morning to the NZX by Sky TV reads, in full: “The legal proceedings against “Global Mode” service providers have been settled. As a result, from 1 September 2015, the “Global Mode” service will not be available to any person for use in New Zealand.”
This is a pity, as it would have been great to have got a court ruling on whether circumventing geo-blocking technology is illegal. It would have had global ramifications.
My take: this is a victory for the old media companies but really only a moral one. Global Mode was unique worldwide in that it covered every CallPlus and Slingshot customer, without them having to do anything but there are still lots of easy ways for people to access geo-blocked sites. …
And perversely, had they lost, at least the big media companies would have had a legal decision confirming what everybody already knows: that in the age of streaming video services, there’s no such thing as an exclusive local license any more – and that the price Sky TV and others pay for local rights should reflect that.
I agree that this is not much of a victory for the broadcasters. It takes around 20 seconds to install a plugin to get around geoblocking, so people will still circumvent. And as Keall says, if they had lost in court, they could negotiate lower fees from rights holders. Now they will still pay inflated fees for theoretically exclusive content, but still have people directly accessing it from overseas sites.