> They don't have to enforce it as strictly. Content owners don't specify the exact technical details
The deal can include whatever the content owners want it to include. And the content owners want it to include strict enforcement.
They can specify the specific technical details of enforcement, if they want. That's a legal contract, and one that they have a financial incentive to offer. Or they can specify an acceptable level of enforcement failures, or they can specify financial penalties for insufficient enforcement, or they can specify Netflix carries liability for infringement that it allows.
Or they could leave Netflix to do as they will, but threaten to pull their content or to sue Netflix for contributory negligence or whatever if Netflix doesn't comply. The fact of the matter is, the content owners have leverage and Netflix is not (yet?) in a position where they can blow off such concerns. Netflix is trying to get into that position, by creating its own content, but right now the majority of their content is dependent on other parties finding Netflix an acceptable content partner.
The deal can include whatever the content owners want it to include. And the content owners want it to include strict enforcement.
They can specify the specific technical details of enforcement, if they want. That's a legal contract, and one that they have a financial incentive to offer. Or they can specify an acceptable level of enforcement failures, or they can specify financial penalties for insufficient enforcement, or they can specify Netflix carries liability for infringement that it allows.
Or they could leave Netflix to do as they will, but threaten to pull their content or to sue Netflix for contributory negligence or whatever if Netflix doesn't comply. The fact of the matter is, the content owners have leverage and Netflix is not (yet?) in a position where they can blow off such concerns. Netflix is trying to get into that position, by creating its own content, but right now the majority of their content is dependent on other parties finding Netflix an acceptable content partner.