Why aren’t VPNs against TOS for streaming services?

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So many VPNs (NordVPN, Surfshark, etc.) promote using their service to access content available in different countries. It just seems to me like these services would block access to users with VPNs.

In: Technology

8 Answers

Anonymous 0 Comments

A lot of people are answering the question “Why doesn’t Netflix aggressively police VPNs?”

That is all pretty true, but to u/OP’s actual question:

VPNs are generally against ToS. Well, in a technical sort of way. In this case, it is not the VPN that is the problem, it is the use of the VPN in a specific way.

Netflix for example, in Section 4.3 of their TOS says:

>4.3. You may access Netflix content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan **and have licensed such content**.

You will notice it does not say VPN anywhere, but it does say that you can only access content where you have established your account and only the licensed content.  Using a VPN in the US to watch US shows is perfectly fine. Using a VPN in the US to watch Korean shows not licensed in the US is against ToS. A VPN is one way (the primary way) that users can break this rule.

Section 4.6 of the Netflix ToS is more specific:

>4.6. You agree to use the Netflix service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:

>…

>(ii) **circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections** or other elements of the Netflix service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;

Again, a VPN is one way to circumvent content protections, and using it in that way is against TOS.

ELI5:

A knife can be used to make a sandwich or to cut open a package. If we want to ban people from cutting sandwiches, we can do one of two things. We can ban knives, or we can ban cutting sandwiches. The better option is to ban cutting sandwiches.

If we ONLY ban using knives, we will stop people from opening boxes with knives and from cutting sandwiches with knives, but people will still be able to cut sandwiches using anything else.

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