VPNs and regional VOD restrictions

[Beorning]

Okay, I thought I'd pick your brains about this particular issue, as you are the most mature and law-conscious group of adults I know. Also, some of you (like Veks) are computer experts.

The question is: is it legal (as well as ethical) to use VPNs as walkaround for regional content restrictions for VOD channels?

I'm asking for a particular reason, meaning: Hulu's Hellraiser remake.

Hulu's content in Poland is, in general, available on Polish version of Disney+. Yup, that means that you get stuff like Alien movies or cannibal horror films next to Disney cartoons  ;D When Hulu premiered their Hellraiser remake last year, a lot of people (including me) expected to watch it on Disney+, too.

Disney+ didn't pick it up, though. Apparently, Hellraiser is a part of Hulu's catalogue that Disney+ passed on. I was told online that that remaining part of Hulu's content belongs to Paramount... which, in Europe, streams its content using SkyShowtime platform. So, when SkyShowtime launched in Poland this February, I subscribed to it... but Hulu's Hellraiser is not there, either (some earlier HR movies are, though).

It seems that, for some reason, no platform in my part of the world is interested in showing this movie. Which is frustrating...

I b*tched about it on SkyShowtime's Polish FB page and some people told me: "What's your problem? Just set up a VPN, pretend you're in the States and subscribe to Hulu". And I said: "No, thank you, this looks like cheating and it's probably illegal".

But the months pass and the new HR movie is still not available anywhere. It's not even out on DVD or anything!

So, I started wondering: maybe this VPN thing is an option? I'm genuinely getting tired of waiting. I would like to watch this movie before Putin nukes my country or something else bad happens...

And so, here are my questions: would doing this mean breaking some sort of American law? And would it be unethical?

[stormwyrm]

Frankly, I don't think it's unethical. It's certainly a lot more ethical than unauthorised copying, which is also illegal. However, it violates the license that the streaming company agreed to the producers to distribute the film though, so they are kind of obligated to try to stop you from doing so. If they can. Which puts them into the unpleasant situation of going to war against the people who pay them good money for their service.

I had been using a VPN to circumvent the geoblocks that Crunchyroll puts that makes them completely worthless outside of North America and it worked for a time until they put their foot down. So I deleted my account and told them fuck you very much.

[Beorning]

Frankly, I don't think it's unethical. It's certainly a lot more ethical than unauthorised copying, which is also illegal. However, it violates the license that the streaming company agreed to the producers to distribute the film though, so they are kind of obligated to try to stop you from doing so. If they can. Which puts them into the unpleasant situation of going to war against the people who pay them good money for their service.

The really idiotic thing here is that I'd be perfectly willing to pay for watching this movie. A proper HR remake after all these years? It's a clear "Shut up and take my money!" situation for me. But... apparently, the license owners just don't want my money. It's been over half a year and they cannot be bothered to work out the distribution for this film. :(

I had been using a VPN to circumvent the geoblocks that Crunchyroll puts that makes them completely worthless outside of North America and it worked for a time until they put their foot down. So I deleted my account and told them fuck you very much.

Does using VPNs carry any risk on getting sued etc.? I don't want the police to come to my door and confiscate my PC...

[stormwyrm]

There doesn't appear to be any legislation or case law anywhere in the world as of now that deals with the legality of using VPNs to circumvent geoblocking restrictions, and the EU in particular seems very leery of such measures at least as they apply among member states. So it's highly unlikely that you will be arrested or sued for trying to do it. At the very most it is a violation of the terms of service of the streaming provider and they would be well within their rights to terminate or restrict your service if they caught you doing it. It is highly doubtful that they would go to the extent of initiating legal action against you. But if you've seen the show before they wise up then there you go.

[Bezukhov]

The really idiotic thing here is that I'd be perfectly willing to pay for watching this movie. A proper HR remake after all these years? It's a clear "Shut up and take my money!" situation for me. But... apparently, the license owners just don't want my money. It's been over half a year and they cannot be bothered to work out the distribution for this film. :(

Does using VPNs carry any risk on getting sued etc.? I don't want the police to come to my door and confiscate my PC...

I used a VPN for a while when I was living abroad in order to keep watching geographically-restricted VOD services with no consequences. The only difference with your case is that I already had a regular subscription to the VOD service, so I only used the VPN to bypass the restriction. All in all, I agree with the others: the only so-called risk would be that the IP address behind which you'll be hiding has already been flagged (and blocked) from Hulu.

[GloomCookie]

A quick Google search net me this: https://vpnoverview.com/unblocking/streaming/is-streaming-legal/

First of all, let’s address your biggest concern: in most countries, including the United States and other western nations, VPN usage is legal. Whether it’s for streaming content or simply to protect your identity, you are well within your rights to use a VPN.

In many cases, companies or governments even recommend using a VPN to secure your connection. However, when streaming movies or series with a VPN, here are a few things to consider:
*VPN use is illegal in some parts of the world. In countries such as China, Russia, Iraq, Iran, Belarus, and Turkey, VPN usage is banned or highly restricted by the government.
*Illegal activities remain illegal when using a VPN. All online activities that are against the law when not using a VPN remain illegal when using a VPN. This includes downloading copyrighted content, buying or selling contraband, and so on. A VPN hides your internet activities, so you’re safer and have more online privacy, but it never legalizes unlawful activities.
*Most streaming services combat the use of VPNs. Netflix, Amazon Prime, Disney Plus, and other streaming services try to prevent streaming with a VPN. Make sure to read their terms of use for complete information.

...

In many cases, VPNs can bypass the geo-blocks put up by streaming services. For example, Hulu and Peacock only work in the US. But if you subscribe, you can use a VPN to watch them almost anywhere in the world. Simply choose an American VPN server, and you’ll have access to all movies, series, and broadcasts available on the platform in the USA. This is perfectly legal, but it might breach the terms of use of the streaming service.

As soon as you subscribe to a streaming service such as Netflix, you agree to its terms of use. These terms of use often prohibit the use of VPN services to access content that’s restricted by geography. If you’re detected using a VPN, you may get blocked by the streaming service. This is equally true no matter which country you’re in. You can stream Israeli TV shows with a VPN all you like — as long as it’s not made prohibited by the particular platform you’re using.

Most of the issue is that not all copyright laws work the same in each nation. While content might be legal to stream in the United States because Hulu paid for the licensing, it may not enjoy the same freedoms in Poland or the wider European Union. That's where the sticking point lies. The companies are doing so because they have to protect the licensing agreement that was set up with the owners of whatever you're streaming, and so must actively deter use of VPNs in those cases. The content is still legal based on your nation's laws, but the licensing is where the issue comes in. If Hulu has the streaming rights in the United States but not in Poland, or has the rights to Hellraiser in Poland and not the United States, then they can't be listed side by side.

So it's legal, but the service is still trying to cover their own asses.

[Beorning]

The question is, then: what are the consequences of breaching Hulu etc. Terms of Service? Do they simply block people using VPNs or do they sue them for damages?

Also, here's something else I'm wondering about: when subscribing to a streaming service, you might be obligated to provide your location. I guess that could mean you need to enter false info to subscribe effectively. Is something like this an offense under US law?

[Oniya]

The question is, then: what are the consequences of breaching Hulu etc. Terms of Service? Do they simply block people using VPNs or do they sue them for damages?

It's far more profitable for them to simply block the VPNs as they discover them.  Think of it this way:  1) Pay your legal department and court costs to collect what pittance you might have lost... or 2) Block the VPN and hope that the account doesn't remember to cancel their subscription, resulting in Hulu getting income without actually providing the content paid for?

Now, if you were operating some sort of redistribution (using the VPN to get the content, then uploading it to some dark-web site for others to access, possibly even for your own profit), then you might 'get their attention'.

[GloomCookie]

The question is, then: what are the consequences of breaching Hulu etc. Terms of Service? Do they simply block people using VPNs or do they sue them for damages?

Also, here's something else I'm wondering about: when subscribing to a streaming service, you might be obligated to provide your location. I guess that could mean you need to enter false info to subscribe effectively. Is something like this an offense under US law?

I'm not a lawyer so take what I'm about to say with a grain of salt. You are not illegally downloading the movie and you are in a country that doesn't have laws on the books prohibiting VPNs, so you will not get sued for damages. Hulu and Netflix and others have been dealing with this for years and if they tried to file a motion on anyone every time there was a VPN used to stream, their legal team would be run ragged and they'd end up spending far more money than the damage to the license is worth, so they'll probably just block your access and tell you to stop doing it. They 'earned from the earlier fuck-ups of the MPAA and RIAA that tried to sue anyone and everyone that torrented movies, so they're not going to spend a fortune trying to scare everyone. They know where you are, they know where you're claiming to be, 1 + 1 = 3, they put an end to it.

From what I understand, the 1998 Digital Millennium Copyright Act does technically cover the streaming of VPNs under section 1202, but the entirety of Chapter 12 (Read here) is mostly concerned with the obtaining of copywritten work for commercial or private gain, such as getting an illegal copy of a movie. Since you did pay the streaming service for a product, you did obtain it legally. This hasn't been put to the test as far as I could find, since I don't think anyone's taken this particular issue to court, so until a federal judge weighs in on it, then we'll just have to wait and see. But I highly doubt you're going to be the one they test it out on.

[Vekseid]

Should be noted that VPN usage is fairly obvious. It only hides your traffic from an intermediary. It does not take long to investigate and determine if a given ASN belongs to a VPN provider.

Accordingly, streaming services seem to be more banning these under protest when they do, one ip at a time, rather than blocking them entirely.

[Humble Scribe]

I have a friend who had a similar issue. HBO is not available in the UK, but licenses its output via Sky and NowTV. But one particular show (I forget which now) didn't get licensed for UK viewing for some reason. VPN was not a viable workaround as to access HBO you need to also provide a valid US address and credit card registration. The only solution was piracy. HBO were still getting my friend's money for the rest of their output via their NowTV subscription, so he didn't feel too bad about it.

[Beorning]

Okay. I decided to try out the VPN option...

Drat. Hulu is *sneaky*. I was able to create an account, but I cannot even start a free trial, as I need to submit a US payment method. And Hulu recognizes both my debit card and my PayPal account as Poland-based...

*groans*

I also tried to check if I can get into Shudder. Now I really want to scream, as this is a streaming service I'd definitely be willing to pay for. So... many... horror movies...  :o  :o  :o But, again, they don't accept my debit card.

This is *stupid*.

[GloomCookie]

Yeah just because you have a VPN doesn't mean they can't find ways around it.

VPNs are totally legal because we have other laws that protect against people spying on your personal information or sensitive material, which is why they're commonly used for business (I'm about to hop on one to do my work from home stuff).

But, that doesn't mean there aren't ways to detect the source and block it accordingly. I hope you can find something that works for you.

I have a friend who had a similar issue. HBO is not available in the UK, but licenses its output via Sky and NowTV. But one particular show (I forget which now) didn't get licensed for UK viewing for some reason. VPN was not a viable workaround as to access HBO you need to also provide a valid US address and credit card registration. The only solution was piracy. HBO were still getting my friend's money for the rest of their output via their NowTV subscription, so he didn't feel too bad about it.

Just be careful because if you're actually downloading then you can run afoul of copyright law. If it stays on your system, they can prosecute.

[Beorning]

Yeah just because you have a VPN doesn't mean they can't find ways around it.

VPNs are totally legal because we have other laws that protect against people spying on your personal information or sensitive material, which is why they're commonly used for business (I'm about to hop on one to do my work from home stuff).

But, that doesn't mean there aren't ways to detect the source and block it accordingly. I hope you can find something that works for you.

Unfortunately, it seems that unless I set up a US-registered PayPal account using a VPN (which I'm not sure would be legal?), there's no workaround for this...

Seriously, what the heck is going on with the new HR movie? Why, of all the Hulu content, this one is not available anywhere?

Just be careful because if you're actually downloading then you can run afoul of copyright law. If it stays on your system, they can prosecute.

Speaking of prosecution, when Hulu asked me for the debit card data, I gave my card's data and an American ZIP code. Of course, the data was rejected, but now I'm wondering whether it counts as a fraud attempt? Maybe Hulu is already sending a notification to FBI or something :(

[Oniya]

Again, not likely.  It's more likely that your bank would contact you to alert you of someone 'in the US' attempting to use your card.

[Humble Scribe]

Just be careful because if you're actually downloading then you can run afoul of copyright law. If it stays on your system, they can prosecute.

Piracy is so rampant no-one is going to be arsed to prosecute downloads unless someone is sharing a lot.

[BlueOrange]

The other thing is that the streaming services don’t want to stop you from streaming their stuff. Because it’s often not actually theirs: they rent it from whoever owns the wholesale rights. The people who made the movie will sometimes try to get more money by selling the content to multiple platforms, with one service getting American rights, another getting European rights, and so on.

The streaming service wants your money, but they also don’t want to breach the contract they signed that says they’re not allowed to show the content to anyone outside America. So they do the absolute minimum they can to prevent people from accessing it outside America, then turn to the rights owner and try to be as convincing as possible when they say “We try to stop people, but they keep on sneaking past our defenses and giving us money. It’s impossible to stop them and they keep getting through.”

It’s basically a reverse arms race, where whoever has the weakest defenses gets to make the most money.

[Dice]

I have had this issue on another situation. I wanted to buy an album, but it was not for sale in Australia. All the old sites I used to buy music off are more or less muted thanks to streaming now, all the links to music sites would not work because clearly an Australian would not want an album by a Seattle band... So I just fired up Tor, got onto the pirate bay and presto.

I spent near on an hour trying to find a way to download an album legally and I spent 4 minutes trying to get it illegally.

If you make it inconvenient you for me to get something I will only play nice for so long. I feel that is a fair road for anyone to take. If you try and do something legally and end up having to do it illegally online that's on them, not you. You started out with the right intentions, it is not your fault that road blocks exist to stop you.