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Netflix Rejects Canadian Regulator Jurisdiction Over Online Video 184

An anonymous reader writes "Last week's very public fight between the CRTC and Netflix escalated on Monday as Netflix refused to comply with Commission's order to supply certain confidential information including subscriber numbers and expenditures on Canadian children's content. While the disclosure concerns revolve around the confidentiality of the data, the far bigger issue is now whether the CRTC has the legal authority to order it to do anything at all. Michael Geist reports that Netflix and Google are ready to challenge it in a case that could head to the Supreme Court of Canada.
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Netflix Rejects Canadian Regulator Jurisdiction Over Online Video

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  • to see that legal stupidity and .gov overreach lives in other places outside of the US, this still makes me a bit sad.
    • by Luthair ( 847766 )

      In Canada we don't have the same adversarial relationship between legislators and regulators. I imagine if the courts were to side with Netflix the government would eventually enact legislation enabling regulation of some sort.

  • I keep seeing everyone saying that this is a mess to sort out. Why so? Netflix (an American company) could just no longer serve Canada. Problem solved. Canada can have all the Canadian TV that it wants.
    • by mark-t ( 151149 )

      Netflix could also resolve this by simply not serving any tv shows to Canada.... or perhaps being more fine grained, only serve tv shows to subsribers who have verified they have a Canadian cable tv subscription, much like how Canadiian broadcaster websites currently do.

      Certainly your solution would work, but there are far less drastic solutions, albeit ones that may pose greater technical challenges to implement.

      • What is the point in serving an internet service to people that already/only have a cable tv subscription?

        I have no TV, neither cable nor via air, so why should I be "prohibited" to subscribe to Netflix?

        • by mark-t ( 151149 )
          Ask Canadian TV broadcasters that question, who insist on verifying that you are a Canadian cable TV subscriber before they will let you watch their shows online. I suspect that Netflix may be expected to adopt the same behavior, or else not be permitted to show TV shows in Canada which may also happen to be aired on a Canadian network, regardless of where the show was made.
          • by Zalbik ( 308903 )

            Yes, Canadian TV broadcasters are under CRTC regulation as they are Canadian broadcasters (i.e. Canadian companies). I don't like it either, but I agree they are under the purview of the CRTC.

            Netflix is not. They are also not broadcasting. And as the CRTC decided themselves in 1999, should not require a license:

            From: http://www.crtc.gc.ca/eng/arch... [crtc.gc.ca]
            45. The Commission considers, however, that some Internet services involve a high degree of "customizable" content. This allows end-users to have an indivi

    • You can only watch Corner Gas a few hundred times before it gets boring.

      • You can only watch Corner Gas a few hundred times before it gets boring.
         
        We have Just for Laughs. Canadian comedy is the best on the planet. Why would we need anything Americans make?

        • You can only watch Corner Gas a few hundred times before it gets boring.

          We have Just for Laughs. Canadian comedy is the best on the planet. Why would we need anything Americans make?

          Comedy isn't hard mate, its not rocket appliances. Anyway just chill out its all just water under the fridge.

    • by hodet ( 620484 )

      Have you seen the selection to Canadians. I would say they already do not server Canada.

  • It is generally the case up here that in order to watch many shows online, you generally have to verify that you have a cable subscription, This is often done through a sort of google+-ish login on each individual broadcaster's website that verifies your cable account with the cable provider that you claim to use.

    Now this isn't true for all shows, but certainly true for many... and by my own observation, seems to be particularly applicable for shows that happen to be US-made, and where (obviously) a loc

    • It is generally the case up here that in order to watch many shows online, you generally have to verify that you have a cable subscription, This is often done through a sort of google+-ish login on each individual broadcaster's website that verifies your cable account with the cable provider that you claim to use.

      Now this isn't true for all shows, but certainly true for many... and by my own observation, seems to be particularly applicable for shows that happen to be US-made, and where (obviously) a local broadcaster has paid for the rights to air that program in Canada.

      I suspect that if Netflix required such verification, they would not likely be having this problem. It would also not be a problem if the person was watching something that was not a show being aired on a Canadian network (eg, a movie, or else an old tv show that is no longer on the air).

      Yes, but requiring a cable subscription is purely to receive the content for free. For example, if you want to watch a streaming episode of Game of Thrones you need to verify that you have a cable account to prove that you have already paid for access to the content. It has nothing to do with the CRTC and everything to do with the show owner making sure that they are getting paid. Your subscription, for that show, is your cable bill. Otherwise, you need to pay for the content through iTunes, Amazon, etc

      • by mark-t ( 151149 )
        The CRTC had no jurisdiction over video rental stores because you couldn't go into a video store and legally rent a copy of yesterday's episode of a TV show.
  • Rarely are large corporations the "good guy" in any modern narrative - both from their own actions generally, but also a anti-corporate meme in journalism (as long as we studiously avoid reference to their own corporations, of course).

    I'm glad for this, because the only entities that have the power/lawyers/money to tell government to pound sand anymore are megacorps.

  • CRTC = Canadian Radio-television and Telecommunications Commission


    Radio? No
    Television? No
    Telecommunications? Maybe

    In as far as Netflix is using "telecommunications" infrastructure... I guess that gets the camel's nose into the tent?

    But the same could be said of any web site - why doesn't the CRTC ask YouTube, or even Slashdot for subscriber data? What's the difference? They are all web sites pushing on-demand content to users - not broadcasting. Besides, even if they were "broadcasting", one cou
  • by DaveyJJ ( 1198633 ) on Tuesday September 23, 2014 @12:55PM (#47975097) Homepage
    Former and current employees of Bell and Rogers, members of their former lobbyist groups, and lawyers and other "VIPs" who have strong ties to Rogers and Bell. They're about as neutral on this matter as PM Harper is about his evangelical religious ties. Not very. The CRTC is looking out only for the entrenched players in this market, not consumers. Just yesterday a report came out that once again showed that Canada pays more than any other developed country except Australia for it's wireless phone pricing. The CRTC ignores this fact. Bell and Rogers are the incumbents and don't want anything changed. hell, Rogers has testified in front of the CRTC that wireless rates could be much lower here ... they just don't want to (obviously). And when competition threatens? They twist the CRTC's arm and they are safe again. The CRTC needs too be abolished and we need some real competition up here. The fact that Rogers and Bell so easily control the CRTC and the CRTC just bends over for them and it's decisions is disgusting.
  • Even within the US exactly who has jurisdiction is a legal quagmire at best. Once it becomes an international issue all bets are off. If Canada can have a serious effect on an American business should Nigeria have equal rights? I'll stick with my opinion that all people have an absolute moral right to utter and receive unregulated speech even if disaster or national security is at stake, Although that is a far out position it is the only position that protects speech at all. The reason why i
  • by Citizen of Earth ( 569446 ) on Tuesday September 23, 2014 @01:39PM (#47975591)

    Someone might want to inform the CRTC bureaucrats of the consequences of pissing off at least 4-million voters — election of the party that promises to rid us of the CRTC. (Really, this would be about 25% of the electorate assuming that each Canadian Netflix account corresponds to a household with 1.6 voters.)

    Gouge us, go to war, waste tens of billions of dollars, the public doesn't care. But cut off our entertainment — it's torches-and-pitchforks time!

    • by Zalbik ( 308903 )

      Exactly.

      A party that pledged to rid us of the CRTC could also declare Thursday's "burn a kitten" day, and still likely be voted in.

      Canadians are pretty pissed off at a legislative body that continually bends over backwards for the telecommunications industry, fails to promote a competitive marketplace and consumer choice, and uses our tax dollars in order to tell us what our culture is.

      And to make things better, the minute some foreign company comes in to offer us something Canadians actually want, they sta

  • Some good overview and a few comments here:
    http://blog.fagstein.com/2014/... [fagstein.com]

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