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Sony: Netflix is a form of piracy

Okay, the title of today's column is a little misleading, but not by much.

Apparently, Sony Pictures Television is not at all happy with Neflix and have voiced their anger in some communications that was part of the material obtained during the recent major hack of the media giant.

The problem seems to be that Netflix isn't actively enforcing geographical restrictions on who can access the content on offer. Although a simple form of geo-fencing is in place, Netflix is well aware that there are a significant number of people all over the world who are using proxies or VPNs to side-step that mechanism. As a result, virtually anyone who wants to can sign up to Netflix and access the US or UK service, regardless of where they may be living.

As readers are probably well aware, this has resulted in thousands of Kiwis already being Netflix subscribers, even though the service isn't due to officially launch here until next year.

Sony says this is piracy because it compromises its own rights to selectively resell its content on a region-by-region basis.

Well you know what?

Tough cheese Sony.

Welcome to the 21st century and the borderless nature of cyberspace.

Trying to impose what are essentially artificial borders and boundaries within the ether that is the Net is futile and anyone who attempts to do so will ultimately be punished by the market.

Of course we know that Sony are an arrogant and greedy bunch. Remember that it was Sony who felt they had the right to load their CDs with a rootkit that compromised the security of those who attempted to remain legal with genuine "store bought" music CDs from the company.

I have great respect for copyright -- hell, as a content creator and publisher I rely on copyright law to protect me from rampant piracy. However, I believe that the only parties who deserve the protection of copyright are those who have respect for their customers -- something Sony have repeatedly proven they do not.

When a company chooses to deliberately infect someone's computer with malware then they lose their right to privacy protection as far as I am concerned.

This doesn't mean that I'm going to rip-off Sony's intellectual property but it does mean I find it very hard to have any sympathy for their outrage over the way Netflix is just doing what companies do in a free and open market. They're simply maximising the returns on their investment -- and good for them!

Remember that, despite Sony's protest, it's not as if Kiwis, Aussies and others who sidestep the Geofencing associated with Netflix's offering are stealing anything. They are still paying the monthly subscription and Sony are still being paid for that content -- it's just that Sony feel they aren't being paid as much as they might like because they want to sell the same programmes over and over again to different regions.

The biggest concern for existing and potential Kiwi Netflix users is that Sony will wave a big stick and Netflix will capitulate to the pressure thus applied. If that happens we'll be stuck with the paltry offering that Netflix will deliver as their "NZ branded" service and as a result, everyone (except Sony) loses.

Although I'm not a big TV watcher, I intend to subscribe to Netflix when it's released in NZ but, if they nix the ability to use the US-service via a proxy, I will change my mind and they wont see one red cent of my money. Instead of Sony earning a bit of coin from my pocket, they'll get nothing and I'll go with XBMC and 1Channel for all my (admittedly very limited) TV and movie watching.

Penny-wise, pound foolish on the part of Sony?

Related story: Sony Pictures mad at Netflix’s failure to block overseas VPN users

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