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Media streams spark piracy row

A debate is under way about the legality of devices called virtual private networks (VPNs) that facilitate access to US-only content on media aggregators such as Netflix, Hulu and Boxee in the US.

These aggregators prohibit their content being streamed to Australian homes because their copyright agreements with major producers such as 20th Century Fox, Universal Studios and Paramount allow distribution only in the US, and sometimes in Canada.

University of NSW copyright expert Kathy Bowrey believes promoting devices that help Australian users access movies and TV shows available only to US subscribers might be unlawful.

"The person who offers the VPN is possibly liable. It's also a breach of copyright to encourage people to infringe, and provide a means by which they can infringe," she said.

However, in an area of law that is often complex and unclear, the federal government says it might be lawful.

"In relation to the use of VPNs by Australians to access services such as Hulu and Netflix, on the limited information provided there does not appear to be an infringement of copyright law in Australia," a spokesman for Attorney-General Robert McClelland said. "Whether the Australian users have committed an offence by deceiving these providers about their identity, or eligibility to receive their services, would depend on state or territory criminal law."

To overcome the US streaming ban, technically savvy Australians have been using a form of internet tunnelling that lets them access media in the US and Britain, as if they were local users there.

The tunnelling, made possible using a VPN, tricks the Netflix, Hulu, Boxee and other servers into treating Australian users as local subscribers and the media streams unrestricted to their homes.

Concern about VPN tunnelling, however, has heightened with almost out-of-the-box offerings of VPN access with devices such as the McTiVia wireless streaming service now available in Australian retail stores.

A representative of one of the major Hollywood studios in Australia said he was "disappointed as it undermined the deals and rights we are granting domestically".

"Anyone who masks their true IP address is accessing content beyond what these rights allow," he said.

Netflix said that accessing its content outside the US amounted to piracy and was a breach of its terms of service.

"Netflix shows in the US and Canada because of our content agreements.

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