Technically, not having to pay a $2.99 rental fee is private financial gain. However there are a few other requirements including; > is primarily designed or

Technically, not having to pay a $2.99 rental fee is private financial gain. However there are a few other requirements including; > is primarily designed or provided for the purpose of publicly performing works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law > has no commercially significant purpose or use other than to publicly perform works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law; or > is intentionally marketed by or at the direction of that person to promote its use in publicly performing works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law