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Open Access. Powered by Scholars. Published by Universities.®

2014

Loyola Marymount University and Loyola Law School

Digital Media

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America Off-Line: A Look At The Applicability Of The Americans With Disabilities Act On Streaming Digital Media And The Internet, Sean Pope Jan 2014

America Off-Line: A Look At The Applicability Of The Americans With Disabilities Act On Streaming Digital Media And The Internet, Sean Pope

Loyola of Los Angeles Entertainment Law Review

In 2012, the National Association for the Deaf brought suit against Netflix for violating the Americans with Disabilities Act (“ADA”) by not captioning their streaming ondemand video content. The National Association for the Deaf won at the District Court level and Netflix has since settled the case. However, this case brought to the forefront the widening split between those Circuit Courts of Appeal which do not feel the ADA applies to online businesses, and those Circuits which believe that the ADA does apply to online businesses. One problem that complicates the analysis is the distinction and applicability of the ADA …