I’m using Netflix at home and use my Playstation 3 for the playback of the content. A few days ago I was looking for a movie to watch. Since the PS3 interface is not the most user-friendly, I used my laptop which is running Windows 8.1 to search for some movies. I found the movie and wanted to start it on my PS3, but I couldn’t find it!!
It took me a while, but it seems that Netflix, according many forums, uses DNS to show you specific content. Netflix self is not specific about how they verify your geographic location. But it is only allowed to watch movies in your geographic location, but Netflix takes responsibility to check you geographic location, as you can see in the Netflix Terms of Use point 6c:
“You may view a movie or TV show through the Netflix service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. Netflix will use technologies to verify your geographic location.”
In the Privacy Policy, Nexflix explains they are using your IP addresses and you device configuration (so your DNS IP address fits into this description);
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We keep track of your interactions with us and collect information related to you and your use of our service, including but not limited to: your online activity, title selections, reviews, ratings, payment history, correspondence, Internet protocol addresses, device and software data (such as type, configuration and unique identifiers), instant watching of movies, TV shows and related activity. We use this information for such purposes as determining your general geographic location, providing localized content, enforcing our terms (such as determining your eligibility for a free trial), providing recommendations on movies & TV shows we think will be enjoyable, personalizing the service and our marketing to better reflect particular interests, tracking your instant-watching hours, determining your Internet service provider, helping us quickly and efficiently respond to inquiries and requests and otherwise analyzing, enhancing, administering or promoting our service offering for you and other users.
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So, why couldn’t I watch this movie on my PS3, but was I able to watch is without any problems on my Windows 8 laptop. The answer is very simple;
I configured my home router with an HE.net IPv6 tunnel, since my provider Ziggo, doesn’t provide IPv6 connectivity. My Windows is using IPv6 (as it should be) and the PS3 unfortunately does not support IPv6 and therefor uses the IPv4 DNS address from my Dutch provider. I also use the IPv6 DNS addresses from Hurricane Electric and therefor Netflix probably thinks my laptop is located in the USA instead of the Netherlands.
The big question now is; “Am I violating the Netflix Terms of Use?”
Why of course you are. Neflix has those terms of use because as of now, using DNS overseas to see content is a gray area.They do after all, have to cover their ass for legal reasons. Should down the road, they ever want to lock out any account(s) not phycically located in the US (because it is after all, stated in the Terms of use), they are covered.
At present though, they make too much money to ignore all those foreign based money generating accounts so I’d say you are quite safe….