I assume most people feel that p(getting caught) is small enough to eliminate most of the negative utility that a conviction would carry in their expected utili

I assume most people feel that p(getting caught) is small enough to eliminate most of the negative utility that a conviction would carry in their expected utility calculations. What I'd like to see tested in court: we can record things on t.v. with a VCR for a private version, right? Could we record what Netflix displays, in this case TNG? Is this any different from torrenting a copy of the content, instead of recording, if you have a Netflix subscription?