Actually, in the US at least, it kind of is. And the actual details are really, really, really relevant to what Netflix is doing right now.
Really interestingly, the bar for it being one, is basically Netflix's response to users they know are sharing despite what the TOS says. If Netflix does what they've been doing, being so lax about enforcement, federal prosecution is insanely unlikely. But if they "affirmatively revoke," send notices and try to force non-paying users to pay, make suspicious users verify their identity, and those users try to cicrumvent those things, it very well might escalate.
Blog – NYU Journal of Intellectual Property & Entertainment Law
blog.jipel.law.nyu.edu
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