Geo-blocking, VPNs and injunctions

Geo-blocking is the technical means by which copyright owners and licensees give effect to the practice of territorial licensing arrangements in respect of works made available on the internet. In effect, this has led to market fragmentation in an environment where consumers see no borders and have the expectation of universal access to content. Online consumers, therefore, have retained the services of virtual private networks (VPNs) to bypass geo-blocking technology, a practice that has irritated copyright owners, and in particular the film industry. In light of these tensions, this article first considers whether geo-blocking measures are valid technology protection measures. Secondly, it considers whether the injunctive remedy made available in the EU, Singapore and Australia specifically targeting "intermediaries" and "network" or "carriage" service providers applies to VPNs so that they can be compelled to adopt technical measures to prevent their users from bypassing geo-blocking measures.