Re:Netflix refuses CRTC demand to hand over subscriber data
by rtpg on Wednesday September 24, 2014 @01:54AM
(#8360101)
Their legal fiction was that somehow that their "service" was renting out DVRs in their space, whereas if you looked at any of their copy or how they were positioned in the market, they were a VOD service.
There argument is a legal fiction in that it doesn't match the service actually being advertised and offered. The implementation doesn't matter, because the end result is rebroadcasting material to members of the public.
A legal fiction is a legal story that doesn't actually match the literal facts.