3 ms·

First sale doesn't apply because you are purchasing a "license" not a "copy". Licenses are essentially contracts through which parties can create all sorts of

First sale doesn't apply because you are purchasing a "license" not a "copy". Licenses are essentially contracts through which parties can create all sorts of restrictions that wouldn't apply to copies. Top of the list are restrictions on selling the license to others, ie non-transferability. The problem with Netflix really starts long before the consumer. With something like Black Books, which predates the netflix concept, nobody has universal distribution rights. The original creator, the BBC, long ago sold the American rights to someone else (PBS?). So there is nobody from which Netflix can purchase worldwide rights. Netflix instead purchases whatever rights they find and must mirrors them. Netflix very recently spoke out on this issue. http://www.cbc.ca/news/business/netflix-upholds-geoblocking-rules-amid-reports-of-crackdown-1.2889895 http://www.cbc.ca/news/business/netflix-upholds-geoblocking-...

mxfh 12y ago
Netflix is clearly running a two-sided strategy, having less then strict checks on the consumer side while telling the studios they will enforce their restrictions. The purchase of a DVD grants you the license to play the stored content for unlimited private screenings from the medium provided. It's both a license and a copy. The first sale doctrine overrides the "For Home Use Only." clause (which is a part of a license) still present on many DVDs and allows libraries and retailers (notably old netflix) to rent out the medium.
bazzargh 12y ago
The original creator of Black Books was Channel 4, not the BBC. BBC Worldwide (a for-profit subsidiary of the BBC) does license shows to other markets on behalf of more than just the BBC, though - I expect if you're watching it outside the UK their logo will be on it. BTW, not that it helps you...but Black Books is currently on UK Netflix. http://www.netflix.com/WiMovie/70157495?trkid=13462100 http://www.netflix.com/WiMovie/70157495?trkid=13462100

mxfh 12y ago

Netflix is clearly running a two-sided strategy, having less then strict checks on the consumer side while telling the studios they will enforce their restrictions. The purchase of a DVD grants you the license to play the stored content for unlimited private screenings from the medium provided. It's both a license and a copy. The first sale doctrine overrides the "For Home Use Only." clause (which is a part of a license) still present on many DVDs and allows libraries and retailers (notably old netflix) to rent out the medium.

bazzargh 12y ago

The original creator of Black Books was Channel 4, not the BBC. BBC Worldwide (a for-profit subsidiary of the BBC) does license shows to other markets on behalf of more than just the BBC, though - I expect if you're watching it outside the UK their logo will be on it. BTW, not that it helps you...but Black Books is currently on UK Netflix. http://www.netflix.com/WiMovie/70157495?trkid=13462100 http://www.netflix.com/WiMovie/70157495?trkid=13462100