The role of geoblocking in the Internet legal landscape

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Main Author: Marketa Trimble
Format: Artículo científico
Language:en
Published: Universitat Oberta de Catalunya 2016
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author Marketa Trimble
author_facet Marketa Trimble
contents The role of geoblocking in the Internet legal landscape Marketa Trimble Derecho cross Internet Geolocation geoblocking territoriality Geoblocking has been presented both as an evil perpetrated against the Internet and as the savior of content on the Internet. The European Commission regards geoblocking as undesirable and aims to eliminate geoblocking within the European Union to the extent possible. Although the Commission’s 2015 proposed cross-border portability regulation and its 2016 proposed anti-geoblocking regulation would not eliminate geoblocking entirely, the two regulations would significantly limit the instances in which geoblocking would be legal. Content creators, such as motion picture studios, take a different position on geoblocking: they see geoblocking as a helpful means to partition markets, maintain distribution schedules, and secure financing based on territorially-defined distribution. For content providers such as small online radio stations, geoblocking may be the only way to conduct business if these stations rely on affordable, but territorially-limited, licenses. This article reviews the recent legal developments concerning geoblocking and considers whether the future of the Internet can and should include geoblocking. Recent developments suggest that geoblocking is receiving a greater role in the legal context: legislators, courts, and regulators are considering geoblocking as an effective and necessary means of territorially limiting on the Internet the effects of their laws, judgments, and decisions. Because there are no uniform global laws that would govern activities on the Internet without respect to where those activities occur in the world, some form of geoblocking might be needed to address specific circumstances. 2016 artículo científico 1699-8154 https://www.redalyc.org/articulo.oa?id=78849767005 en http://www.redalyc.org/revista.oa?id=788 IDP. Revista de Internet, Derecho y Política application/pdf Universitat Oberta de Catalunya IDP. Revista de Internet, Derecho y Política (España) Num.23
format Artículo científico
id redalyc_78849767005
institution Redalyc
language en
publishDate 2016
publisher Universitat Oberta de Catalunya
spellingShingle The role of geoblocking in the Internet legal landscape
Marketa Trimble
Derecho
cross
Internet
Geolocation
geoblocking
territoriality
The role of geoblocking in the Internet legal landscape Marketa Trimble Derecho cross Internet Geolocation geoblocking territoriality Geoblocking has been presented both as an evil perpetrated against the Internet and as the savior of content on the Internet. The European Commission regards geoblocking as undesirable and aims to eliminate geoblocking within the European Union to the extent possible. Although the Commission’s 2015 proposed cross-border portability regulation and its 2016 proposed anti-geoblocking regulation would not eliminate geoblocking entirely, the two regulations would significantly limit the instances in which geoblocking would be legal. Content creators, such as motion picture studios, take a different position on geoblocking: they see geoblocking as a helpful means to partition markets, maintain distribution schedules, and secure financing based on territorially-defined distribution. For content providers such as small online radio stations, geoblocking may be the only way to conduct business if these stations rely on affordable, but territorially-limited, licenses. This article reviews the recent legal developments concerning geoblocking and considers whether the future of the Internet can and should include geoblocking. Recent developments suggest that geoblocking is receiving a greater role in the legal context: legislators, courts, and regulators are considering geoblocking as an effective and necessary means of territorially limiting on the Internet the effects of their laws, judgments, and decisions. Because there are no uniform global laws that would govern activities on the Internet without respect to where those activities occur in the world, some form of geoblocking might be needed to address specific circumstances. 2016 artículo científico 1699-8154 https://www.redalyc.org/articulo.oa?id=78849767005 en http://www.redalyc.org/revista.oa?id=788 IDP. Revista de Internet, Derecho y Política application/pdf Universitat Oberta de Catalunya IDP. Revista de Internet, Derecho y Política (España) Num.23
title The role of geoblocking in the Internet legal landscape
topic Derecho
cross
Internet
Geolocation
geoblocking
territoriality
url https://www.redalyc.org/articulo.oa?id=78849767005