Disney+ possibly blacklisting us

[enjay]

I think Disney+ are blacklisting us/our ISP. We can access the site but not the login page, which returns the following error code in the console view:

 

2global.edge.bamgrid.com/token:1 Failed to load resource: the server responded with a status of 400 ()

 

login:1 Uncaught (in promise) t {transactionId: "", reasons: Array(1), status: null, name: "InvalidArgumentException", message: "e.getInfo(accessToken) accessToken should be an instance of SDK.Services.Token.AccessToken", …}

 

1. {error: "unauthorized_client", error_description: "forbidden-location"}

1. error: "unauthorized_client"

2. error_description: "forbidden-location"

 

HTTP400: BAD REQUEST - The request could not be processed by the server due to invalid syntax. (XHR)POST - https://global.edge.bamgrid.com/token

 

0: InvalidArgumentException: e.getInfo(accessToken) accessToken should be an instance of SDK.Services.Token.AccessToken

 

 

 

Does anyone have experience of this, and how to get it resolved? I've already spoken to Disney+ live chat who said they are not blocking us and we should speak to our ISP, but I don't have complete confidence in the technical abilities of the person I spoke to, although they have raised an escalation case for me.

[DalekSec]

We contacted our filtering as we had the same issue, told us that Disney are blocking us and need to contact them. (Which i'm yet to do as i need a Disney + account to do so)

 

Who's your provider?

[dhicks]

Does anyone have experience of this

 

We've noticed we seem to be blocked from a couple of services, Disney+ included - the others were an animated GIF creation site and a social media site. All were fair enough, really - the two other sites weren't really suitible for use by pupils, and Disney+ don't want schools using their content. I don't think they offer a schools-specific subscription at the moment, you're probably best off sticking to DVDs for the time being.

[enjay]

Disney+ don't want schools using their content.

 

What are you basing that on?

 

you're probably best off sticking to DVDs for the time being.

 

We used Amazon Prime instead recently (and can access Netflix now too, which we used not to have), but we specifically need Disney+ as Drama have a SOW based on Hamilton. DVDs are a faff now, as none of our new laptops have DVD drives (or VGA, so there's adapters and external devices galore!)

[enjay]

We contacted our filtering as we had the same issue, told us that Disney are blocking us and need to contact them. (Which i'm yet to do as i need a Disney + account to do so)

 

You can live-chat with them without being signed in, although they did ask for email address and I gave them a colleague's account name.

 

Who's your provider?

 

IOMart. We have a leased line to their nearby datacentre, and break out from there.

 

Netflix have blocked us previously, specifically saying it was because they'd identified we were behind a VPN which we're not, but other people connecting via the same datacentre might well be running VPNs. We can now access Netflix, so something obviously changed there. Hopefully Disney+ will help too, but so far I've not been able to convince them the issue is at their end.

[bald_pig]

What are you basing that on?

Probably the following:

The Disney+ Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a Disney+ account or use the Disney+ Service.[/Quote]

and

c. Restrictions on Your Use of the Disney+ Service. You agree that as a condition of your license, you may not and agree not to:

iv. use the Disney+ Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theatre, etc.) or build a business utilizing the Disney+ Content or Disney+ Service, whether or not for profit;[/Quote]

 

https://www.disneyplus.com/en-gb/legal/subscriber-agreement

Edited October 29, 2020 by bald_pig

[LeMarchand]

I thought that pretty much all the major commercial streaming services do not allow usage in schools. Some may turn a blind eye, but if they want to enforce their copyright I don't see why they shouldn't.

[DalekSec]

We have students who have Disney + who have asked for it to be unblocked, it's not for education use for teaching etc. Just for their personal use. (boarding school). Don't see why this would be agaist their TOS and thus blocking our IPs. Will have to live chat with them...

[enjay]

I thought that pretty much all the major commercial streaming services do not allow usage in schools. Some may turn a blind eye, but if they want to enforce their copyright I don't see why they shouldn't.

 

This is part of T&L not a wet breaktime film club or end of term party, so I don't think we're trying to breach their copyright.

[LeMarchand]

This is part of T&L not a wet breaktime film club or end of term party, so I don't think we're trying to breach their copyright.

 

Still not allowed. @DalekSec's usage would be fine, and I assume the usual "Free Pass" applies to DVD showings (not that I've ever known a school to actually record what is shown) but AFAIK streaming services all state personal use only.

[localzuk]

This is part of T&L not a wet breaktime film club or end of term party, so I don't think we're trying to breach their copyright.

Yeah, UK law has no exceptions for streaming services. T&L has some fairly limited exceptions for DVDs, but that's about it.

[enjay]

Still not allowed. @DalekSec's usage would be fine, and I assume the usual "Free Pass" applies to DVD showings (not that I've ever known a school to actually record what is shown) but AFAIK streaming services all state personal use only.

 

If that were the case, you'd think Disney+ would have mentioned that somewhere during the chat, rather than assist me...

[enjay]

Yeah, UK law has no exceptions for streaming services

 

Can you cite that? Sounds like I need to go back to the teacher (and possibly HT/DH too)

[localzuk]

Trying to find the document I based my KB on. The DfE have replaced it with one that has about 1/10th the info in it on their site. Very helpful.

[msi_school]

It is a very difficult and complex area of copyright and contract law. As streaming is a license to watch and not ownership of a product the streaming service may not have the rights to license you a copy of the film to use anything other than personal use.

 

There are some old threads on here about Netflix where people had got them to say that not allowed to let schools, prisons, oil rigs etc use their service.

 

As this is the house of Mouse and they own their own rights for the content they may be a commercial offering down the road.

 

This is not an area of law covered by the schools exceptions to copyright because they are not stopping you showing the content they are stopping you from accessing their service.

Edited October 29, 2020 by msi_school

[dhicks]

If that were the case, you'd think Disney+ would have mentioned that somewhere during the chat, rather than assist me...

 

I didn't contact Disney+ myself, a colleague did, but he did keep the chat history. There was about 40 minutes of back-and-forth with him trying to get them to understand what he was asking them ("we're a school, can we use Disney+?"), with little result. I suspect Disney+ are simply looking at traffic volumes per IP address and blocking any that seem to be over a certain volume on the basis that those are most likely proxies of some sort. In @DalekSec's case, you might have to get each pupil to contact Disney+ - they need an account name to progress support calls.

[Brimstone]

I do wish the people on here who claim to know "everything there is no know" about streaming video services would do some research before they tell people "Yeah, UK law has no exceptions for streaming services. T&L has some fairly limited exceptions for DVDs, but that's about it."

 

There are plenty of great education resources that explicity allow streaming in a school...

 

https://help.netflix.com/en/node/57695

 

https://cefm.co.uk/licensing/screeninglicence/

 

https://www.nationaltheatre.org.uk/learning/national-theatre-collection/uk-state-funded-schools

 

https://era.org.uk/the-licence/

[bald_pig]

I do wish the people on here who claim to know "everything there is no know" about streaming video services would do some research before they tell people "Yeah, UK law has no exceptions for streaming services. T&L has some fairly limited exceptions for DVDs, but that's about it."

 

There are plenty of great education resources that explicity allow streaming in a school...

 

https://help.netflix.com/en/node/57695

 

https://cefm.co.uk/licensing/screeninglicence/

 

https://www.nationaltheatre.org.uk/learning/national-theatre-collection/uk-state-funded-schools

 

https://era.org.uk/the-licence/

 

None of those let you show a class films using personal netflix or disney+ accounts, which is what we're talking about here.

[localzuk]

I do wish the people on here who claim to know "everything there is no know" about streaming video services would do some research before they tell people "Yeah, UK law has no exceptions for streaming services. T&L has some fairly limited exceptions for DVDs, but that's about it."

 

There are plenty of great education resources that explicity allow streaming in a school...

 

https://help.netflix.com/en/node/57695

 

https://cefm.co.uk/licensing/screeninglicence/

 

https://www.nationaltheatre.org.uk/learning/national-theatre-collection/uk-state-funded-schools

 

https://era.org.uk/the-licence/

That is all entirely unrelated to UK law. Those are specific schemes for use by schools. Not general exceptions for education use.

 

I'll put it simply. Unless you can show me, in law, where it states schools can break the terms and conditions and copyright protections of Disney+ and other such streaming services, I'll host assume you're spreading falsehoods.

 

The onus is on you to show that you have a legal right to break copyright law. A generic "but T&L" or "but schools" is irrelevant.

[Norphy]

I do wish the people on here who claim to know "everything there is no know" about streaming video services would do some research before they tell people "Yeah, UK law has no exceptions for streaming services. T&L has some fairly limited exceptions for DVDs, but that's about it."

 

There are plenty of great education resources that explicity allow streaming in a school...

 

https://help.netflix.com/en/node/57695

 

https://cefm.co.uk/licensing/screeninglicence/

 

https://www.nationaltheatre.org.uk/learning/national-theatre-collection/uk-state-funded-schools

 

https://era.org.uk/the-licence/

 

Ok, so let’s see:

 

The Netflix link talks about a very specific subset of films on its catalog.

 

The CEFM quite clearly says “Pre-recorded Videos and DVDs. “

 

The National Theatre one talks about its own collection

 

The ERA one allows you to style and play back recordings made from broadcast TV and video.

 

None of those links say that you have the right to show content from the major streaming sites in the classroom, with the minor exception of the educational content part of Netflix. If I were to show ’Dont **** with cats[/url]’ in the classroom, I’d be in breach of the service’s TOS.

Edited October 29, 2020 by Norphy

[Localtechie]

This post appears a few day before we see the return of baby Yoda.

 

Coincidence? I think not.

[enjay]

Unless you can show me, in law, where it states schools can break the terms and conditions and copyright protections of Disney+ and other such streaming services

 

How about https://www.gov.uk/guidance/copyright-licences-information-for-schools and https://www.themplc.co.uk/ ?

Edited October 30, 2020 by enjay

[localzuk]

None of those are "exceptions" to the law as such. They are licenses that allow use of certain types of media to be used in certain ways. They don't override the terms and conditions of the streaming services.

 

For example, the Filmbankmedia license has the following clause in its terms "Film means any film distributed by Participating Distributors and available for rental or purchase in the form of copyright-fee-paid VHS video, DVD or Blu-Ray at rental and retail outlets in the Territory at the time of, or at any time prior to, the relevant Screening except any Excluded Film".

 

It does appear that MPLC has now allowed streaming movies to be included in its license, however, that license doesn't appear to include any declaration that it overrides the terms and conditions of the streaming services such as Disney+.

 

However, having reread the applicable law itself, there is a clause that may apply to this:

 

4.—(1) Fair dealing with a performance or a recording of a performance for the sole purpose of illustration for instruction does not infringe the rights conferred by this Chapter provided that the dealing is—(a)for a non-commercial purpose, and(b)by a person giving or receiving instruction (or preparing for giving or receiving instruction).(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.(3) Expressions used in this paragraph have the same meaning as in section 32.”.

 

Which is from The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014. However, there is ZERO advice confirming that is what this would mean. The DfE have not updated their guidance to include this - in fact their current advice removed their earlier explanations of the law also.

 

My suggestion? Ask your school's solicitors.

[enjay]

It does appear that MPLC has now allowed streaming movies to be included in its license, however, that license doesn't appear to include any declaration that it overrides the terms and conditions of the streaming services such as Disney+.

 

No, but... it does override the bit in the credits of all movies which says it isn't allowed to be shown in schools, hospitals and oil rigs, so it stands to reason it also overrides similar wording on a streaming service. I am not sure the medium matters, and if it does, it is probably just one of those times where the wording is no longer contextually applicable rather than specifically intending to ban it. Similar to how until recently, the law about using mobiles while driving only applied to making voice calls not scrolling Twitter, because it was written pre-smartphone.

 

My suggestion? Ask your school's solicitors.

 

It does seem like we're at that stage now, doesn't it!

[localzuk]

The problem is, law is generally "explicit" rather than implied. So, unless something is explicitly outlined in law, it doesn't apply - unless a case ends up at the High Court and they refer to Hansard to figure out intent (but that is somewhat rare). So, yeah, I think it is definitely one for the solicitors.