[LINK] New NZ ISP offers access to geo-blocked sites like Netflix

[Scott Howard]

And it's already been pulled

http://www.itnews.com.au/News/300423,kiwi-isp-withdraws-internet-geoblock-fyx.aspx

  Scott


On Tue, May 8, 2012 at 5:21 AM, Kim Holburn <kim at holburn.net> wrote:

>
> http://www.nbr.co.nz/article/new-isp-offers-pay-you-go-surfing-access-geo-blocked-sites-netflix-ck-118272
>
> > New ISP offers access to geo-blocked sites like Netflix
> >
> > Chris Keall | Tuesday May 08, 2012 | 26 comments
> >
> > FYX's "Global Mode" can be used to access geo-blocked US media sites
> >
> > UPDATE: NBR ONLINE asked Chapman Tripp principal Justin Graham for his
> comment on FYX's new internet service. The new ISP lets New Zealanders beat
> geographic restrictions on US commercial download providers such as Netflix.
> >
> > Mr Graham - a specialist in intellectual property law - gave the service
> a green light from the standpoint of New Zealand law.
> >
> > "I’d expect to see increasing activity in this kind of space. It is
> consistent with New Zealand’s policy on intellectual property, parallel
> importing and geographical restrictions, namely that geographical
> restrictions are not consumer-friendly and New Zealand consumers should be
> able to access copyright content in a competitive and cost-effective
> environment," he said.
> >
> > But, as with a New Zealander accessing iTunes US, you could be violating
> a media provider's commercial terms - giving it the option to cut off your
> sevice (should it wish to lose a paying customer).
> >
> > "Whether use of 'global mode' ISPs would prompt contractual responses
> from content providers would be an interesting issue; a facilitative
> response would probably ultimately be more beneficial," Mr Graham said.
>
> > A new internet service provider, offers a "Global Mode" that "offers
> greater access to the internet by circumventing geographical restrictions
> placed on the certain internet services."
> >
> > FYX ("Fix"), launched on May 4 as a sub-brand of established ISP Maxnet,
> holds the tantalising promise that its users will be able to directly
> access US based-commercial download services such as Hulu and Netflix, and
> the likes of the BBC's iPlayer - all of which offer a motherlode of
> street-legal movies and TV shows for download, but are "geo-blocked" to
> stop people outside their parent countries accessing them.
> >
> > More technical users already use a range of workarounds to access the
> likes of Netflix.
> >
> > FYX promises to take geo-block beating into the mainstream.
> >
> > Pay as you go
> > The new ISP is also offering an un-capped pay-by-the gigabyte approach
> of 34 cents per GB - albeit on top of a $34.34 a month (with a phone line)
> or $59.34 a month (naked DSL) base fee.
> >
> > There is only one payment option: by credit card.
> >
> > “It’s about offering a much bigger internet to New Zealanders – the type
> of internet the rest of the world have had access to for years,” says Chief
> Internet FYX-er Andrew Schick.
> >
> > "There is a bunch of stuff on the internet that a few of us didn't have
> the freedom to access - at least without stealing it, and we aren't into
> that. So we decided to FYX the internet by removing some of the barriers
> that were getting in the way of great choice."
> >
> > Perhaps wary of legal complications, FYX's website adds, "It's important
> to remember that first and foremost we are an ISP. We are not a content
> provider, we just do our hardest give you the freedom you deserve."
> >
> > My Schick was coy on specifically promoting access to the likes of Hulu
> and Netflix. When NBR ONLINE raised them, he offered only " the services
> you mentioned are some of many services able to be used."
> >
> > Legal?
> > Earlier, NBR asked Chapman Tripp intellectual property specialist Justin
> Graham about a similar situation: accessing the US version of iTunes from
> New Zealand.
> >
> > The lawyer said that while the arrangement would break Apple's terms and
> conditions (so far without consequence for your correspondent), it probably
> did not break the law - and that there is certainly not any issue with the
> so-called three strikes law.
> >
> > "The advent of FYX is a fascinating development," New Zealand Computer
> Society CEO Paul Matthews told NBR ONLINE.
> >
> > "While many tech-savy kiwis already access overseas content services,
> preferring to access a legitimate service supposedly illegitimately rather
> than accessing content from more murky sources, there has still been
> uncertainty around the legality of doing so from New Zealand. If nothing
> else, this development pushes the issue."
> >
> > "I suspect if they're openly marketing Global Mode, the legality will be
> put to the test in court."
> >
> > For Mr Matthews, the key message is that the Internet is global.
> "Enforcing content access based on location is enforcing an 'offline'
> business model on the online world. That model was always going to break
> sooner of later. Hats off to Maxnet for pushing the issue."
>
> > Sky TV threat
> > Sky TV and TVNZ have local download rights to most events, movies and
> shows wrapped up, badly stunting the likes regional contenders such as
> Quickflix, and the movie and (wholly absent) TV sections of the local
> incarnation of iTunes.
> >
> > CEO John Fellet has always maintained his company does not hold a
> near-monopoly, as it faces new-technology threats from so-called
> over-the-top content providers such as iTunes and Netflix (at least to a
> degree. Beyond entertainment programming, the All Blacks and other NZ
> sports teams will remain a trump card for the pay TV broadcaster).
> >
> > Today, his prophesy seems a lot more real.
> >
> > Big ISP to follow?
> > Keep watching this space.
> >
> > The head of one of the Big Five ISPs told NBR he was seriously
> considering launching a new service that would let customers beat
> geo-blocking.
> >
> > If FYX doesn't run into any flak, expect him to seriously consider
> making a run.
>
> --
> Kim Holburn
> IT Network & Security Consultant
> T: +61 2 61402408  M: +61 404072753
> mailto:kim at holburn.net  aim://kimholburn
> skype://kholburn - PGP Public Key on request
>
>
>
>
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