[zanny]

The argument is that Netflix grew on the first sale loophole, but today movies are not being released on physical media and for some bizarre reason the people are complacent in these companies effectively removing first sale doctrine if the information isn't on external media.

You could not start start Netflix's DVD business with steaming, and since DVDs are dead, streaming is all that is left, so you cannot found another Netflix - which means you cannot get to another independent content developer like Netflix has become that way.