Library NetFlix users get a warning
March 5, 2008
This Newsweek article discusses unusual uses for NetFlix, including library use of the service to fill in the long tail gaps on their DVD collections. It does contain a warning for those using the service in a non-personal way:
Spokesman Steve Swasey says the Netflix customer agreement clearly states that DVDs are to be used only for personal enjoyment, not for renting or loaning to others….Swasey says anyone caught doing it will receive a reminder that they’re breaking the terms of their contract.
My question is: Then what? You get told you’re breaking your contract, and then what…they cancel it? You get sued? You get a nasty bill? It would be interesting to see that go to the courts!
March 6th, 2008 at 7:27 am
Understanding the reasons why libraries need to fill gaps quickly, etc…I think it’s extremely possible — even probable — that a library system could get sued, especially if they ignore a cease-and-desist letter. This is a blatant breach of contract and, quite frankly, kind of dumb and shortsighted of libraries that choose to use Netflix or similar services as a solution.
March 30th, 2008 at 11:12 am
Why would they sue? You are breaking the terms of the agreement, so they cancel your account. It’s very straightforward and perfectly legal.