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EU Commission Divided Over Nation-Specific Content Blocking

jfruh writes In theory, the European Union is supposed to act as a single national market. But one area in which practice doesn't live up to theory is geoblocking: Europeans may find that a website they can reach or content they have a legal right to stream in one EU country is blocked in another. Now two members of the EU Commission (the equivalent of a nation's cabinet) are feuding as to whether geoblocks should be eliminated: Commission Vice-President for the Digital Single Market Andrus Ansip said that "deep in my heart ... I hate geoblocking," while Commissioner for Digital Economy and Society Günther Oettinger, worrying about protecting the European film industry, said "We must not throw the baby out with the bathwater."

57 comments

  1. Ironic headline by Anonymous Coward · · Score: 0

    EU divided over nation-specific...

    Just sayin'.

    1. Re:Ironic headline by Luckyo · · Score: 1

      Do explain the irony, as there is none from any educated person's point of view.

      The only thing there is, is a clear demonstration of utter ignorance on part of anyone finding any irony in the headline, because that would imply they think EU is a nation, rather than a union of nations each of which has its own interests.

      As the name itself, European UNION suggests.

    2. Re:Ironic headline by ledow · · Score: 1

      Because the United States are always in agreement...

    3. Re:Ironic headline by Megahard · · Score: 3, Funny

      And the Belgians are waffling.

      --
      I eat only the real part of complex carbohydrates.
    4. Re:Ironic headline by maroberts · · Score: 2

      The irony is that the EU was intended to create a **Single** market for goods and services. Geoblocking, especially at a national or regional scale, should be anathema to the EU.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    5. Re:Ironic headline by Anonymous Coward · · Score: 0

      As the expanded name in the headline would explain...

      The (European) union is divided. THAT'S irony, pretty much by definition. For reference, here's the definition of irony that this falls under: "a state of affairs or an event that seems deliberately contrary to what one expects and is often amusing as a result." Something that's a "union" is supposed to be united, not divided. The state of the EU's affairs are such that it's contrary to expectation. And the "amusing" part of the definition is optional, as suggested by the word "often" (as opposed to an absolute, like "always" or "never").

      Get wrecked, twit.

    6. Re:Ironic headline by Luckyo · · Score: 2

      Partially correct. But "intended to create" does not mean "successfully created", nor does it mean "universal free market for everything".

      There is no irony here, unless you find that anything that is "in progress" is "ironic". In which case you need a dictionary.

    7. Re:Ironic headline by Luckyo · · Score: 1

      And this demonstrates the utter ignorance of EU. EU is a carefully defined political construct. Only an utter idiot would suggest literal interpretation of the word "union" when talking about "European Union". It's extremely obvious that member states are not united politically, nor economically.

      But I suppose I should not expect even basic intelligence from someone who uses "get wreked, twit" as a finisher for his rambling.

    8. Re:Ironic headline by matfud · · Score: 1

      Sort of like the United in the states of America then?

      At last union means the intersect of bits that correspond. United is "all for one and one for all"?

    9. Re:Ironic headline by matfud · · Score: 1

      Unfortunately it also means the combination of the whole of the distinct sets. Combine them all. You expect no internal disagreements? There were internal disagreements before the Union. It would be worrying for everyone around the world if the EU turned into a single borg mind.

  2. "We must not throw the baby out with the bathwater by Anonymous Coward · · Score: 0

    Geoblocking is a zombie baby. You beat it to death first, then you burn the remains.

  3. I dunno...maybe you could check the LAW? by xxxJonBoyxxx · · Score: 0

    >> Commission Vice-President for the Digital Single Market Andrus Ansip said that "deep in my heart ... I hate geoblocking,"

    What is this crap? "Search your feelings?" How about checking to see what the law says?

    >> Günther Oettinger, worrying about protecting the European film industry

    Protecting the what? Bah ha ha ha, er, yes, I'm certain there is a "European file industry." (Cough.)

    >> "We must not throw the baby out with the bathwater."

    Sorry, but you already did when you created the EU. And if the baby is digital access rights by country, everyone but film industry business types are quite ready to chuck that baby in the wood chipper.

    1. Re:I dunno...maybe you could check the LAW? by Luckyo · · Score: 3, Interesting

      It's not as simple as you think.

      The argument against a factual one rooted in reality - European movie making is a fairly small business, but important for each local culture. And they do indeed need protection to survive, because they are not commercially as strong as the big players who tend to dominate. And big players are well known for making deals that would destroy local movie makers by squeezing their money flows.

      This isn't so much of a "feud" as beginning in the standard process of European decision making. That is seeking consensus between "common digital market" and "how do we keep our cultural producers alive in a world where their output is increasingly important to national identity".

    2. Re:I dunno...maybe you could check the LAW? by Richard_at_work · · Score: 2

      Protecting the what? Bah ha ha ha, er, yes, I'm certain there is a "European film industry." (Cough.)

      James Bond, Star Wars, Indiana Jones etc etc ;) All mostly filmed in the UK.

    3. Re:I dunno...maybe you could check the LAW? by Anonymous Coward · · Score: 0

      >> Commission Vice-President for the Digital Single Market Andrus Ansip said that "deep in my heart ... I hate geoblocking,"

      What is this crap? "Search your feelings?" How about checking to see what the law says?

      All governments have entire branches dedicated to writing new laws. The assumption everywhere is that the law is wrong, otherwise it wouldn't need to be rewritten. Even constitutional laws are amended.
      Checking what the law says is only relevant for actions, not for discussion, and especially not for discussions regarding what the law should say.
      Laws are supposed to mirror morals, not the other way around.

      I am sorry about the stuttering sentences. I had to rephrase myself a couple of times to not resort to insults.

    4. Re:I dunno...maybe you could check the LAW? by Anonymous Coward · · Score: 0

      lready did when you created the EU

      we are now in the longest time of peace in western Europe in the last thousand years, so no.

    5. Re:I dunno...maybe you could check the LAW? by sabri · · Score: 2

      James Bond, Star Wars, Indiana Jones etc etc ;) All mostly filmed in the UK.

      Ah yes, the UK. Where they kill the one goose that lays golden eggs. I believe his name was Clarkson.

      Bring
      Back
      Clarkson.

      --
      I'm not a complete idiot... Some parts are missing.
    6. Re:I dunno...maybe you could check the LAW? by TapeCutter · · Score: 1

      Protecting the what?

      Ignoramus, most Hollywood films are not made in Hollywood studios, they're not even made in the US.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re: I dunno...maybe you could check the LAW? by Anonymous Coward · · Score: 0

      Thank the Cold War for that. Meanwhile Europeans have been quite happy killing Algerians, Vietnamese and other non-aryans for quite some time after WW2 and are now ready to fight Russia to support neo-nazis in Ukraine. Europeans are monsters. If you see one, stab it in the eyes before he can feast on the flesh of your children.

    8. Re:I dunno...maybe you could check the LAW? by dave420 · · Score: 1

      Fairly small? The Batman films, the Indiana Jones films, the Star Wars films, every Harry Potter film, the James Bond films, the Bourne films and so on and so on. So many films made in European studios it's not even funny.

    9. Re:I dunno...maybe you could check the LAW? by dave420 · · Score: 1

      Clarkson did that to himself by pushing his "Daily Mail Reader" on-screen persona to the limit time and time again, then letting it get to his head and punching someone because they didn't get him steak and chips. Or should companies employ people who physically abuse others, make racial slurs and bring the company into disrepute because he can make them money? Are morals and ethics bad things to you?

    10. Re:I dunno...maybe you could check the LAW? by Luckyo · · Score: 1

      It's exceptionally obvious that national cinema we're talking about is not "major studio movies shot in European locations".

  4. How is limiting your market protection? by bulled · · Score: 2

    One would think that a bigger potential market would be _better_ for the European film industry. Clearly I don't understand capitalism.

    1. Re:How is limiting your market protection? by IamTheRealMike · · Score: 2

      Clearly I don't understand capitalism.

      Clearly. Geoblocking is at least partially about market segmentation. The EU is so large that it has extremely major disparities in wealth between its member nations. Consider the difference between Sweden and Romania. If you have a movie and charge a single price to stream it across the entire EU then:

      a) Some people will find it incredibly cheap and others will find it still too expensive, just pushing them back towards piracy.

      b) You end up having to deal with the tax systems of every single EU country anyway due to the retarded VAT changes they introduced this year, so it doesn't help simplify your business at all, and you theoretically aren't allowed to opt out of serving particular regions due to their horrible paperwork requirements, so being able to geoblock unprofitably complicated regions whilst claiming you have some other reason is quite attractive.

    2. Re:How is limiting your market protection? by Anonymous Coward · · Score: 0

      For a second there I though you were going to say "the difference between California and Alabama" or something similar (I'm not familiar with standards of living across the 50 states, so I'm making an ignorant guess).

    3. Re:How is limiting your market protection? by Eponymous+Coward · · Score: 1

      I think the concern is that it would benefit the big guys at the expense of the little guys. Will the huge entertainment businesses of the UK overwhelm the many, much smaller, businesses in other countries? Maybe.

      I say eliminate the barriers and see what happens. You can always put them back up again if your citizens want them back up.

    4. Re:How is limiting your market protection? by grahammm · · Score: 1

      It is not just the disparity in wealth. Removal of geo-blocking is also about ensuring that content is available for download/streaming/viewing throughout the EU, and not just restricted to certain countries.

    5. Re:How is limiting your market protection? by bulled · · Score: 2

      Clearly I don't understand capitalism.

      Clearly. Geoblocking is at least partially about market segmentation. The EU is so large that it has extremely major disparities in wealth between its member nations. Consider the difference between Sweden and Romania. If you have a movie and charge a single price to stream it across the entire EU then:

      a) Some people will find it incredibly cheap and others will find it still too expensive, just pushing them back towards piracy.

      I suppose this is slashdot and I should expect any reponse to my inital post to be condesending, well done. You wanted an argument, this is abuse

      Keeping things geo-locked pushes people to piracy. Drop the locks and at least the portion of the population that want to pay either for content or convience can do so. Geolocking doesn't stop those that will pirate, it stops those that will not from paying.

      b) You end up having to deal with the tax systems of every single EU country anyway due to the retarded VAT changes they introduced this year, so it doesn't help simplify your business at all, and you theoretically aren't allowed to opt out of serving particular regions due to their horrible paperwork requirements, so being able to geoblock unprofitably complicated regions whilst claiming you have some other reason is quite attractive.

      If we are assuming the basics of captialism hold here and there is a sufficiently sized market, the regulatory changes will be made. If not by the multinationals looking for profit, then by the local people who are pissed they can't buy what they want.

    6. Re:How is limiting your market protection? by spyfrog · · Score: 1

      I think the Romainan interest in Swedish movie is totally nonexistent. Your market is your cultural neighbors.

      Swedish movie is interesting for Sweden, Finland, Norway, Iceland and Denmark. If it is unusually good (rare) then add Germany. I don't see any problems having one price for Swedish movies in these countries. Actually - us Swedes are the poorest of them. So we should do the complaining then.

    7. Re:How is limiting your market protection? by Anonymous Coward · · Score: 0

      There is a magic number, a single price, which can no doubt be easily discovered with market research.

      A number which may be considered 'too high' for many residents of lower income countries, but which may also be considered 'ridiculously low' for residents of higher income countries. A number which will lose customers in some segments, but gain customers in anothers. A number, which at the end of the day, returns exactly the same profit margin as geo-blocking price fixing attempts to maintain now.

      Think of how much richer everyone would be, if a product were sold everywhere in the world at a single currency adjusted price as soon as the product became available. Think of how much administration/enforcement/redtape costs could be reduced from the bottom line. Think of how easy it would be to forecast costs and profits when you only need to incrementally bump a single world price up or down.

      What the film industry (any media industry) is doing with geo-blocking has nothing to do with capitalism.

    8. Re:How is limiting your market protection? by Anonymous Coward · · Score: 0

      Clearly I don't understand capitalism.

      Clearly. Geoblocking is at least partially about market segmentation. The EU is so large that it has extremely major disparities in wealth between its member nations. Consider the difference between Sweden and Romania. If you have a movie and charge a single price to stream it across the entire EU then:

      a) Some people will find it incredibly cheap and others will find it still too expensive, just pushing them back towards piracy.

      b)

      Actually, you don't know what you are talking about. I am Romanian, middle class, and I would have no problem renting a streamed movie at Swedish prices. Except I can't because of geoblocking. And how does keeping movies completely unavailable (even for those who want to buy) make us NOT go back to piracy?!

    9. Re:How is limiting your market protection? by Anonymous Coward · · Score: 0

      But an american movie is likely about as insteresting to swedes as it is to romanians.

  5. Re:"We must not throw the baby out with the bathwa by Gaygirlie · · Score: 1

    I'm all in favour of tossing the brat out. Besides, the water is starting to smell anyways.

  6. Re:"We must not throw the baby out with the bathwa by Anonymous Coward · · Score: 0

    But think of the CHILDREN

  7. Geoblocking only affects few people by ProzakLord · · Score: 1

    In europe we speak different languages, most people only one, the next group English and their own one. Fewer people would speak three. If you only speak one you don't care. If you speak English you are annoyed that the BBC is blocked. But pretty mush no one is bothered by geoblocking beside intra-european expats. However companies still block their contents to only those in the coutry. The reality is if you disable geoblocking in the EU its the US content we want to get, the rest is rethorics. An all out ban on geoblocking would have to force akamai and other content providers to not block when operating in the EU. That would be tricky, the whole question is not properly based because of the language issue that one seems to mention.

  8. stop doing stupid shit with VAT then by dominux · · Score: 4, Interesting

    At the start of this year VAT changed so that for digital online sales the place of supply is where the consumer belongs. This means if you sell an app/ebook/knitting pattern/recipe/tune then you have to collect two bits of non-conflicting evidence of the place of belonging of the consumer, then figure out which of the 70 or so rates of VAT across 27 countries applies for the specific product (several have special ebook rates) then you add VAT to the price and remit it to HMRC through the mini one stop shop (VATMOSS). There is no threshold for this and you can get penalties each quarter from 27 different countries if you get it wrong. Or, you can geoblock and say "screw you, I can't cope with this shit." to potential customers outside the UK.
    Geoblocking is about the only sane response to VATMOSS.

    1. Re:stop doing stupid shit with VAT then by Anonymous Coward · · Score: 0

      the place of supply is where the consumer belongs. This means if you sell an app/ebook/knitting pattern/recipe/tune then you have to collect two bits of non-conflicting evidence of the place of belonging of the consumer,

      Isn't this conflicting? The place of supply should be the place of the product being shipped from instead the destination, which is the place of demand where the consumer is located.

  9. EU Commission is not equivalent to cabinet by Anonymous Coward · · Score: 1

    "EU Commission (the equivalent of a nation's cabinet)"

    The cabinet in the nation where i live is a coalition of elected representatives, and is part of the Parliament.
    The EU Parliament does consist of elected representatives, the EU Commission does not. It is separate from the Parliament and it consists of people elected by a commission of people who have been appointed by heads of state. That is at best a form of democracy like they had in ancient Rome, where democracy was only for the elites.

    1. Re:EU Commission is not equivalent to cabinet by Anonymous Coward · · Score: 0

      EU Commission is equivalent to cabinet.... one full of cockroaches.. Welcome to majority rule..

    2. Re:EU Commission is not equivalent to cabinet by Anonymous Coward · · Score: 0

      That is at best a form of democracy like they had in ancient Rome, where democracy was only for the elites.

      Which is exactly as it should be. What would you have, democracy for the commoners? Don't make me laugh: shit peons can't even tie their shoelaces without some figure of authority telling them how and when they should tie them. Only an oligarchy can give society strength and purpose. Europe is doing it right, based on our centuries-long experience. Leadership must come from the top of society, from the very best. The uncouth rabble must stay put and do exactly as they're ordered to without any question.

  10. Geoblocking by fyngyrz · · Score: 2

    "Geoblocking" is just a tech-specific euphemism for "muzzling content we don't want you to see."

    As such, it is entirely disrespectful, specifically in that it attempts to deny people the ability to make their own choices. It is a direct manifestation of "we know better than you what you should be able to see, read, listen to, and use."

    This is about personal agency. Part of that WRT to network access is -- should be -- the choice to implement boundaries of your own using the appropriate tools. Of which there are many, ranging from user-friendly whitelists and blacklists to keeping your hosts file updated (highly recommended, btw... great for killing advertisers, too.) And of course, there's always "I'll just click away from here", an actual sane adult choice.

    The one upside is that in some cases, this kind of top-down systemic oppression will just make people learn about secure proxies faster.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Geoblocking by dave420 · · Score: 1

      I think you're massively oversimplifying. Some broadcasters/media sources have licenses to show content in certain areas, as other areas are served by different licensees. It has nothing to do with "personal agency" or being disrespectful - it's how media is bought and sold, and eventually broadcast to people. If you want broadcasters to ignore these licenses, they will cease to broadcast. The real culprits are the content creators who create geographically-limited licenses. Attack those people, not the broadcasters, and leave your whining "oh they disrespect us! waaaah!" nonsense behind, as injecting over-the-top emotion into this discussion isn't helping anyone, especially you.

    2. Re:Geoblocking by fyngyrz · · Score: 1

      Sorry, I thought I had been clear.

      I wasn't talking about regional control of distribution by publishers, I was talking about arbitrary interference with materials intended for the end user, where the end user is interfered with by bad actors, most notably, government busybodies.

      I own a literary agency and deal with copyright and regional issues a great deal more often, and in more ways, than most people. But that isn't what I was talking about, as it seems like a non-issue to me -- as long as we have nations and varying costs of distribution, we'll have some effective form of regional controls. So I had gone off on what I thought was an obvious tangent. Apparently not.

      --
      I've fallen off your lawn, and I can't get up.
  11. preliminary content types already defined by nimbius · · Score: 3, Informative

    As widely known in the EU the preliminary content types are readily available for review.
    1. France: ISIS recruitment videos are to be blocked, replaced with prophet muhammad dancing hardstyle.
    2. Ireland: images of sheep deemed too racy for minors, miners, and farmers to be banned.
    3. Italy: links to objective reporting on church scandals to be redirected to a gucci outlet.
    4. Malta: widely understood to be the only member country in the EU capable of handling the actual internet, uncensored.
    5. Poland: Images of potato will be confiscated by free potato man/secret police.
    6. UK: video/depictions of tea being poured into milk will be redirected to a warning page, and a stern letter will be delivered regarding scalding of the milk.

    --
    Good people go to bed earlier.
  12. Re:"We must not throw the baby out with the bathwa by Anonymous Coward · · Score: 0

    If you think of the children you're a pedocreep and you must be shat upon, beaten up hard, skinned alive, chopped to pieces and burned, and a host of dog brought to piss on your smouldering remains.

  13. Ignore the old fart by Anonymous Coward · · Score: 0

    As a European, I can tell you that Oettinger is an old fart who doesn't know _anything_ about the web.
    He has demonstrated that fact multiple times by posting statements showing that he hasn't got a clue.

  14. Re:"We must not throw the baby out with the bathwa by Anonymous Coward · · Score: 1

    I'm from the Czech republic. The copyright laws around here are somewhat saner than in the West - to simplify, it's perfectly legal to download "audiovisual works" (movies, pictures, books, audio...), it's just not legal to share it. (Software is treated differently). It's not much, but it's paradise compared to the clusterfuck that is the US and western Europe, as far as I know.

    If the EU (or European Comission, or whichever else bureaucratic body) forbids geoblocking, there will suddenly be massive pressure for this to change - and I don't mean that the decent parts of our law will apply to the rest of the EU. Right now, we're too small (and, well, poor) market for the big media conglomerates to truly care - but if the EU becomes a single market in this regard, then we're fucked.

    I'd much rather not be able to watch the latest shitty TV sitcom than be subjected to the batshit insanity that is western copyright law, thank you very much.

  15. I was watching a DVD the other day... by Anonymous Coward · · Score: 0

    Is the punishment for DVD copyright infringement, or copyright infringement in general, greater than the punishment for child abuse (use your best judgement on what kind that might be)? Just wondering.

  16. Re:"We must not throw the baby out with the bathwa by fustakrakich · · Score: 1

    It is the demon child. It can only be exorcised through the sacrament of holy circumvention.

    --
    “He’s not deformed, he’s just drunk!”
  17. Re: Plus Article 10 by maroberts · · Score: 1

    On top of that there is also Article 10 of the ECHR "Freedom of Expression". Whilst the European Convention on Human Rights is separate to the EU, it is mandatory for all EU members to also regard the Articles of the Convention as binding and effectively a Constitution for all EU member nations. It is ironic that different nations interpret Article 10 differently and thus "Expression" which is legal in one EU member can be illegal in another. Other Articles may also come into play too (Privacy, Association, Marriage etc)

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  18. Translation: by Psicopatico · · Score: 1

    deep in my heart ... I hate geoblocking

    Translation: I've not received enough bribes on that subject yet.

    --
    Mastering the English language is fucking easy: all you have to do is to put an f* word in every fucking sentence.
  19. Representation? by Anonymous Coward · · Score: 0

    As one side argues for themselves and the other for the film industry, I wonder what the people feel about geoblocking. It's a shame they have no say but will be forced to live with the consequences.

  20. Oettinger is a recycled old nazi by Anonymous Coward · · Score: 0

    Oettinger was untenable in Germany, because he was a Filbinger apologist (Filbinger himself being an old nazi marine judge having sentenced to death a couple of soldiers days before German capitulation -- he later wound his way into the prime minister of Baden-Wurttemberg).

    As usual, once Oettiger became untenable he was recycled into the EU commission: this might explain a bit why this commission is in such a dire state. All EU shit is floated this way.

  21. Re:"We must not throw the baby out with the bathwa by TapeCutter · · Score: 1

    Downloading is legal in most places, if you think about for a bit the internet simply wouldn't work if it was illegal. The catch is that most torrent clients upload by default, not a problem here in Oz because nobody has ever been sued for "illegal downloading". The MAFIAA have said they will start the US system threatening letters here but they haven't because they know it would be seen by Aussie courts as extortion, which is a 'real' crime. The current communications minister has basically said that if they want legislative help with piracy then they will need to get rid of regional locking and stop price gouging Aussies on content.

    The thing about uploading in Oz is that the copyright holder can only sue for REAL damages, the imagined "lost sales" does not come into the equation. If the real damages do not exceed $100 there's nothing the Aussie MAFIAA can do but cry.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  22. Might as well kill it now by Anonymous Coward · · Score: 0

    "Protecting" a mature industry is sentencing it to death. Some will argue for protecting a fledgling industry, but there is no rational argument for this. If the film industry in a particular state can't compete, it needs a rebirth, not life support.

  23. Just that tiny bit of news: Oettinger is ... by Anonymous Coward · · Score: 0

    ... an asshole.
    Nobody actually likes him.
    No German likes him, that's why he was dumped into the Comission, out of harms way.
    They just forgot that the EU is doing about 60% of all State laws by now. So he is now wreaking havoc in the center of Europe.

    We will all die.