Sunday, August 10, 2008

The Law of TWIGI part 2: Homer...I mean Frank vs. Netflix

Then there's Frank. In a similar situation, Frank was bothered the find out that you can't rent unlimited DVDs from Netflix...Which...you can...but I guess the problem was with how quickly he was getting them...or how much they were charging...Basically, Frank is claiming false advertising. He also had a problem with the shipping. He wasn't getting his movies in one day. I can't find Frank's specific claims, but I don't need them...I mean, what do you expect?

Early Netflix ads stated "unlimited DVD rentals"...Can you rent from Netflix? Yes. Can you rent DVDs from Netflix? Yes. Unlimited? Naturally that's a bit of an exaggeration, depending on how you take it. Unlimited DVDs? That's obviously not what it means. The laws of science say there's a limit to how many DVDs I rent because there's a limit to the number of DVDs that exist. Unlimited rental? To a degree, but again, laws of science and nature impede the true meaning of "unlimited". Limited by time to watch the movies.

In June I rented 14 movies from Netflix and July I rented 18. Both months I was on the 4 movie plan, so I payed $24.00. That's about a movie every other day. That's $1.50 per movie. That's a hell of a deal compared to when I would rent movies from a rental store for twice that much at least. Plus not having to pay for the gas to go there? Finding out what I wanted to rent was already rented or they just don't carry it? I've got 61 discs in my rental queue. 61 titles I don't have to try and remember. I don't see a problem.

Then Netflix claimed "one day shipping"...Again, let's be logical. Of course, some locations it will take longer. I put a movie in the mail box Monday. They get it Tuesday and tell me they're shipping my next movie. I get it Wednesday...consistently, with the occasional extra day because the movie I want isn't in the nearest distribution center.

And all of this is explained in the Terms of Service. But TOS's aren't read anymore. And logic? Fugitaboutit! I can't believe someone, Frank in this case, is willing to say, "Uh, I din't unnerstand..." But the frivolous lawsuit wins again. I can't help but think of Homer simpson when he sued the Frying Dutchman seafood restaurant over its "All You Can Eat Buffet"...

Homer Simpson: All you can eat. Ha!
Lionel Hutz: Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, ``The Never-Ending Story''.

That's comedy. That was satire. The real thing is so much twigier!

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