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[DL] Share Netflix in Tennessee, go to jail - Page 4

post #31 of 107
This inspired me to look up the good old "odd state laws" for some fun and I was shocked to find this one under Tennessee...

"In Memphis restaurants, it is illegal to give any pie to fellow diners. It is also illegal to take unfinished pie home, pie must be eaten on the premises."
http://www.harford.edu/faculty/dvolk...state_laws.htm

No sharing of Netflix OR pie?!?! I'm never going to Memphis.
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post #32 of 107
Quote:
Originally Posted by xxlawman87xx View Post
This law will likely go unenforced in regards to netflix and the like. However, if one was to be charged under this law, they would like win and in turn challenge the constitutionality of it and in my opinion they would win. Since netflix allows multiple devices the state will be hard pressed to justify the law in this respect.
Unconstitutional on what grounds?

These people enter into an active agreement with netflix (if you want to distinguish it from licensing agreements with media which people do not enter into in the same way). They then breach that agreement which in turn costs netflix money (if not through media, through bandwidth, although they may have to pay money for everything they show or companies may ask for more if something is more popular).

It's like if I had a pool and I charged people to use it and gave them a key to come swimming whenever they want and then they gave their key to their friends and they all went swimming at the same time. Sure I still have a pool but I missed out on selling other people a key to it and also probably have to clean it more and have additional costs due to more people using my pool.
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post #33 of 107
Quote:
Originally Posted by chadamir View Post
Unconstitutional on what grounds?

These people enter into an active agreement with netflix (if you want to distinguish it from licensing agreements with media which people do not enter into in the same way). They then breach that agreement which in turn costs netflix money (if not through media, through bandwidth, although they may have to pay money for everything they show or companies may ask for more if something is more popular).

It's like if I had a pool and I charged people to use it and gave them a key to come swimming whenever they want and then they gave their key to their friends and they all went swimming at the same time. Sure I still have a pool but I missed out on selling other people a key to it and also probably have to clean it more and have additional costs due to more people using my pool.
Violates laws against interstate commerce. The state is attempting to regulate an area where the federal government intended to occupy the entire field. That would be my best guess without knowing the specifics of the Tennessee constitution. Then again, the burden of proof would likely only be rational basis. Thats a pretty easy standard to satisfy.
post #34 of 107
Quote:
Originally Posted by Mr OCN View Post
just over a few movies >.<

Who even uses netflix anyway?
Who doesn't use Netflix? If you pay for cable then you are a sheep. Hulu Plus + Netflix = Win.

I went home last Christmas and was watching Discovery channel(because I would never pay for cable). I seriously thought I was on candid camera because my family knows how hate cable. But the ratio of commercials to actual show time was unconstitutional. I was sure it was some kind of joke. This was like at 10:00 at night. I switched channels to make sure the tv wasn't rigged or something.

Hulu Plus is just as good. Although I wish they would drop it to $5 or $6 a month. I can watch current seasons of my favorite shows and also all the previous ones.
    
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post #35 of 107
Quote:
Originally Posted by chadamir View Post
It's like if I had a pool and I charged people to use it and gave them a key to come swimming whenever they want and then they gave their key to their friends and they all went swimming at the same time. Sure I still have a pool but I missed out on selling other people a key to it and also probably have to clean it more and have additional costs due to more people using my pool.
I see what you're saying, but at the same if the key you sold me offers me UNLIMITED access to your pool and it only allows one person to enter at any one time you should "technically" budget for one person to be in the pool at all times. So if I leave and allow someone else to use my key while I'm gone there's still only the one person in the pool. Thus "technically" you aren't losing anything. In my opinion anway
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post #36 of 107
Quote:
Originally Posted by BigJeebz View Post
I see what you're saying, but at the same if the key you sold me offers me UNLIMITED access to your pool and it only allows one person to enter at any one time you should "technically" budget for one person to be in the pool at all times. Thus if I leave and allow someone else to use my key while I'm gone there's still only the one person in the pool. Thus "technically" you aren't losing anything. In my opinion anway
The pool will have people in it more often and get dirty more often as a result of that and I should be allowed to make more money with my pool selling it to any other person you wanted to loan your key to.
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post #37 of 107

If i saw that governor this is what id say -

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post #38 of 107
Quote:
Originally Posted by xxlawman87xx View Post
Violates laws against interstate commerce. The state is attempting to regulate an area where the federal government intended to occupy the entire field. That would be my best guess without knowing the specifics of the Tennessee constitution.
A) If you're referring to copyright law, then it would not be under the com clause.
B) I highly doubt this would qualify as commerce even under a pre-lopez standard.
C) Even if the exchange of logins was commerce, it's really about theft and contract both of which are areas of traditional state regulation.
D) Without a federal statute preempting it, the state can regulate this way as long as it doesn't burden interstate commerce, which it undoubtedly wouldn't.
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post #39 of 107
Well then, I hope Tennessee has more jails being built cause they are gonna be nice and full with this bill.
post #40 of 107
Quote:
Originally Posted by BigJeebz View Post
I see what you're saying, but at the same if the key you sold me offers me UNLIMITED access to your pool and it only allows one person to enter at any one time you should "technically" budget for one person to be in the pool at all times. So if I leave and allow someone else to use my key while I'm gone there's still only the one person in the pool. Thus "technically" you aren't losing anything. In my opinion anway
Yes, but that's not waht happens. Also, it's not a question of how I should run my business. Think about it this way. There are two rights here; one is my right to exclude anyone who doesn't pay, and your right to use your unlimited access as you see fit. The problem is that we already made an agreement you wouldn't do that so you in essence are breaking our agreement. It's like every time one of the other people come to the pool they say it's you so I let them in. You've defrauded me and so have they.
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