Use VPN software to relocate abroad and take out a cheap Netflix subscription there. It’s possible, but is it legal? TECHBOOK asks the lawyer.
Inexpensive Netflix subscriptions for a few euros are possible with VPN. The software changes the IP address of the user at his request. You can choose practically any country on earth and virtually move your location there. This not only works on laptops, but also on smartphones. You then surf as if you were in a foreign country. This not only ensures a certain anonymity, but can also be used for streaming subscriptions.
Prices for Netflix, YouTube and Co. lower abroad
The path to cheaper streaming subscriptions works because Netflix and Co. do not have uniform prices worldwide. Logically, Netflix also charges different prices in potential growth markets with lower incomes than in Germany. For example, the prices in India for certain streaming services are only a fraction of those in Germany. There, a premium subscription costs as much per year as it does per month here.
Subscription only possible with a cheated address
If you want to take out a subscription from a supposedly foreign country, you have to cheat at least with the address. This must be in the relevant country. If everything went well, the account can then be used normally in Germany without a VPN. You can put it on TVs, laptops and all other devices. The fact that you give a wrong address should make everyone suspicious when it comes to the legality of this measure. But what does the lawyer say about this?
Netflix subscription over VPN not illegal
TECHBOOK asked the well-known media lawyer Christian Solmecke how he assesses the situation regarding Netflix and VPN. According to Solmecke, the legal situation is basically clear: “The users would not be liable to prosecution.”
He sees no problem with the subscription. More like the second use of VPNs for streaming services. Solmecke sees problems with the use of a foreign Netflix program via VPN and the associated possible copyright infringements:
“However, it is currently still a matter of legal debate whether circumventing a geo-block using a VPN is legal under copyright law. It is now clear that streaming is also a copyright-relevant duplication of the streamed film or series (ECJ ruling on streaming 2017). That can still be legal if you can invoke the right to private copying.”
Geoblocking means that providers only release certain content or subscription models for certain countries. The rest of the world can then be excluded. In the case of series and films, for example, it is used by Netflix. In the USA, for example, the offer differs in part from that in Germany. This is often due to licensing reasons, for example because Netflix only has certain rights to broadcast series and films in one country.
Solmecke points out that it is not yet clear whether a geo-block “represents effective technical copy protection within the meaning of copyright law”. He himself has the following opinion on this: “Anyone who breaks technical copy protection cannot invoke the right to private copying and is violating the copyrights of the rights holders. But whether this is a circumvention of technical protective measures has not yet been clarified by the highest court. There are a few lawyers who see it that way. But I think this view is wrong. Geoblocking attempts to determine the whereabouts of the user based on the IP address in order to be able to control the use (and thus also the licensing) of certain (including copyrighted) content in a country-specific manner. However, even when using a VPN, the IP address from which the query originates is transmitted correctly, so that the purpose of the geo-block is neither switched off nor manipulated, i.e. not circumvented, by the interposition of a VPN.”
What consequences could users face?
Possible consequences only apply when using foreign Netflix programs via VPN. So if this one series is only available on US Netflix and you fire up the VPN software to watch it.
“If it were an effective ban and the right to private copying did not apply, users could be warned by the rights holders. There is also a threat of termination of the subscription. These consequences also threaten if users provide false information when registering. However, since these are only streams, this would not be as expensive as with file sharing, where you also upload the protected material yourself. In addition, I am not aware of any cases in which warnings have actually been issued here. Finally, it is important to ensure that users do not provide false information when registering.”
Even interesting: Netflix is planning an extra fee for users who share their password
Conclusion: Do not take out cheap subscriptions via VPN!
TECHBOOK’s conclusion is clear. Even if the prices for streaming services sometimes seem high, they are ultimately based on expenses for licenses, in-house productions and a stable server structure. If you like to stream and want to do so in the future, you should also get the required performance for the performance you use subscription price pay. In addition, although the procedure is not criminally relevant, it probably violates the Netflix Terms of Use. According to Solmecke, these are vaguely worded, but if in doubt, Netflix can interpret them themselves and cancel the subscription.
In order to keep your own costs low, we recommend not simply letting streaming services run, but switching from month to month.