Their legal fiction was that somehow that their "service" was renting out DVRs in their space, whereas if you looked at any of their copy or how they were posit

Their legal fiction was that somehow that their "service" was renting out DVRs in their space, whereas if you looked at any of their copy or how they were positioned in the market, they were a VOD service. There argument is a legal fiction in that it doesn't match the service actually being advertised and offered. The implementation doesn't matter, because the end result is rebroadcasting material to members of the public.