Backdoor TV users survive deadline

Sky TV has joined with other TV companies in threatening legal action against ISPs who offer so called 'Global Mode' backdoor access. Photo / Sarah Ivey

Slingshot and Orcon subscribers with backdoor access to American pay TV services have survived a 5pm deadline and will keep their global mode services, for the time being.

The major global mode supplier Bypass Network Services and CallPlus - owner of Orcon and Slingshot - are standing firm and have told the broadcasters they will not meet their demands to cease and desist global plus despite undefined claims they breach copyright,

The broadcasters - Sky TV, Television New Zealand, MediaWorks and Spark Lightbox- confirmed last night they plan to go ahead. Yesterday CallPlus chief executive Mark Callander said it had replied to the "threats" from broadcasters.

"We have responded to cease and desist letters today. We reject their vague assertions and are seeking clarification of their claims," he said.

"We stand by our strongly-held belief that access to the internet via Global Mode is completely legal, and believe threats of legal action from this gang of big media companies are just an attempt to restrict consumer choice in favour of their profits," Callander said.

"NZ consumers simply don't want to have limited content options, and to pay more for goods and services in NZ - whether it be for digital content, books, DVDs or software - than our overseas cousins.

"We're glad to see that Bypass, who supply the Global Mode service to us, have not caved in to these unfair demands so that together we can keep Global Mode going for the benefit of Kiwi consumers.

However, some smaller services offering ISP global mode technology indicated they are withdrawing from the market because the potential costs of defending legal action will be too high.

The Call Plus rejection indicates that the company's new owners - the Australian corporation M2 - is prepared to follow the fight with broadcasters when they take over the company at the end of June.

Approached by the NZ Herald yesterday, M2 CEO Geoff Horth declined to specify viewer on Global Mode apart from saying it would be illegal in Australia.

However, the Call Plus response after discussions with M2 suggests it might be going ahead.

Campaigners against the broadcasters legal action accuse them of being "bullies" and say they are using combined power and resources to undermine small businesses using global mode and reduce consumer choice.

Broadcasters say there is too much at stake they rely on copyright for their livelihood.

Spark have indicated that the heavy marketing of Global Mode as an alternative to other services is a factor in the decision to take action. Intellectual property lawyers said terms of any legal action aren't clear, but it might be a test case for the powers of the Copyright Act in New Zealand.