Originally Posted by CPRich
It's hard to argue that it's not a question of right and wrong when it is explicily prohibited by Netflix.
All content included on the Netflix Web site and delivered to subscribers as part of the service, including DVDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Netflix, Inc., or its suppliers and is protected by United States and international copyright laws.
Netflix reserves the right to terminate your membership hereunder if Netflix, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of DVDs rented to you by us or the copying or other unauthorized use of our proprietary content. Netflix does not promote, foster or condone the copying of DVDs or any other infringing activity.
I'm nobody's Nanny, so do whatever you please, but don't try to justify using incorrect facts. It is indeed a violation of the TOS. And to do it, you most likely need to violate the DMCA also.
(1) I never said it wasn't a violation of their TOS. I've never read their TOS: I just assumed it said "Don't copy our stuff" in it. I simply stated my opinion that it didn't violate the spirit of the agreement with them. I have absolutely no doubts that Netflix disagrees - so be it.
(2) To me, there's still no question of right and wrong. I think if the OP did what she initially proposes - temporarily space-shifts a DVD and then deletes the file before she returns the DVD - she's ethically right. (Legally, I don't think this specific case has been fought. Furthermore, the MPAA would never file this particular suit for fear that the OP would be found at least partially if not wholly in the right, potentially strengthening the rights of content users. They want cases they can win in a big, splashy way to deter active file-sharers.) The TOS language you've provided is meaningless: Netflix reserves the right to terminate anyone's membership, anytime, for any reason as it is. And they don't foster, promote, condone, blah blah blah DVD copying. Duh. We knew that.
Again, my recommendation is to NOT space-shift the DVD, because it's simply easier and better for the subscriber to watch using the disc itself and then mail from the airport (or wherever) when you are done.