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.” [See expanded statement by Sky TV to media end of article.]
In return for CallPlus dropping its service, the media companies have dropped their case.
Sky TV, TVNZ, MediaWorks and Lightbox owner Spark brought a High Court Action against the CallPlus (owner of Orcon and Slingshot) over their Global Mode service, available to all customers of its ISP services, which made it easier to access BBC iPlayer, Netflix US and other offshore content services usually geo-blocked to New Zealanders. The action also covered Bypass Network Services Ltd (BNSL), the tiny Auckland company that developed the Global Mode technology used by Orcon and Slingshot (plus a half-dozen smaller ISPs who threw in the towel as soon as the legal action was brought).
The big media companies claimed the service breached the Copyright Act and the Fair Trading Act.
I really felt there was a solid argument to be had about parallel importing, but I can understand why a relative minnow like CallPlus does not have the financial resources to take on companies that spend the same amount on office expenses every week. Read more »