A Hater's Guide to Geoblocking

28 Pages Posted: 28 Mar 2019 Last revised: 20 Nov 2019

See all articles by Peter K. Yu

Peter K. Yu

Texas A&M University School of Law

Date Written: March 28, 2019

Abstract

Geoblocking restricts access to online content based on the user's geographical location. Territorially based access control is strongly disliked, if not passionately hated, by those who frequently travel abroad as well as those who consume a considerable amount of foreign content. While the past has seen the use of geoblocking as technological self-help, this form of geographical access control has growing support from policymakers and judges.

Commissioned for a symposium on "Intellectual Property in a Globalized Economy: United States Extraterritoriality in International Business," this article begins by briefly recounting five sets of arguments against geoblocking. The article then draws on the latest developments in Europe and at the World Intellectual Property Organization. It reiterates the need for copyright holders to adopt strategies to disseminate copyrighted content at the global level.

The second half of the article responds to the copyright industries' increasing demands for the use of geoblocking to protect this valuable content. Although the discussion recognizes their continuous preferences for geographically segmented markets, it also calls for a more appropriate balance between proprietary control and user access. Specifically, the article identifies five distinct ways for policymakers, judges and rights holders to shape geoblocking remedies.

Suggested Citation

Yu, Peter K., A Hater's Guide to Geoblocking (March 28, 2019). Boston University Journal of Science and Technology Law, Vol. 25, pp. 503-29, 2019, Texas A&M University School of Law Legal Studies Research Paper No. 19-12, Available at SSRN: https://ssrn.com/abstract=3361772

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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