Geoblocking in Australia: Intellectual Property Rights versus Consumer Freedom - Where Does the Balance Lie?

摘要

Geoblocking is a practice used to prevent or restrict access by internet users to online content, goods and services on the basis of a user's geographic location.2 The practice of geoblocking is widespread across the world. It raises a number of complex issues involving intellectual property law, competition law and Australia's obligations under international agreements. The Productivity Commission's inquiry in 2015-2016 into Australia's Intellectual Property Arrangements recommended the Australian Government clarify that it is not an infringement of copyright to circumvent geoblocking technology. This is not the first time such a recommendation has been made to the Australian Government. However, to date, nothing has been done to clarify the law regarding geoblocking in Australia. The current use of geoblocking technology and its circumvention in Australia is a topic lacking coverage and public understanding, with little commentary and no consideration judicially on the issue. This article discusses the workings of geoblocking measures and their circumvention and considers the recommendations for reform. I will then analyse the issues that could arise from implementing the recommendations, particularly in relation to intellectual property, and discuss other factors that should be further considered by the Australian Government. Consideration of the approaches taken in other regions, such as the United States ("US") and Europe, will also be discussed.