”Content is not available in your country” – Is Geo-Blocking Compatible with the Internal Market?
Kataja, Pauli (2017-04-28)
”Content is not available in your country” – Is Geo-Blocking Compatible with the Internal Market?
(28.04.2017)
Turun yliopisto
avoin
Julkaisun pysyvä osoite on:
https://urn.fi/URN:NBN:fi-fe201704286284
https://urn.fi/URN:NBN:fi-fe201704286284
Kuvaus
Siirretty Doriasta
Tiivistelmä
This study assesses the relationship between geo-blocking and the internal market. Geo-blocking refers to technical measures, which restrict access to copyright protected audiovisual content from outside of the licensed territory. Territorial nature of copyright and agreements between right holders and service providers are main reasons behind geo-blocking. Digital Single Market Strategy and related competition law investigation aim to abolish geo-blocking practices.
Aim of this study is to assess whether or not such agreements infringe competition law of the EU. In order to answer the question, the relationship between free movement of services and geo-blocking is also examined. Relevant case law, including Coditel cases and Murphy, is profoundly scrutinized. A legal test based on substantial and geographical dimensions of copyright is used to assess compatibility.
Relevancy of underlying regulatory context is one of the main findings of the study. The study concludes that geo-blocking agreements do not infringe competition law as long as copyright is regulated by the “country of destination” approach. However, if copyright is regulated by the “country of origin” principle, there is a breach of competition law in principle. In that case, only economic context can justify geo-blocking. The study maintains that there is a chance that economic characteristics of audiovisual products can justify such restrictions.
Aim of this study is to assess whether or not such agreements infringe competition law of the EU. In order to answer the question, the relationship between free movement of services and geo-blocking is also examined. Relevant case law, including Coditel cases and Murphy, is profoundly scrutinized. A legal test based on substantial and geographical dimensions of copyright is used to assess compatibility.
Relevancy of underlying regulatory context is one of the main findings of the study. The study concludes that geo-blocking agreements do not infringe competition law as long as copyright is regulated by the “country of destination” approach. However, if copyright is regulated by the “country of origin” principle, there is a breach of competition law in principle. In that case, only economic context can justify geo-blocking. The study maintains that there is a chance that economic characteristics of audiovisual products can justify such restrictions.