[gkjam]

The vast majority of Netflix's DVD contains subtitles, so they are available. There is very little excuse that Netflix has for not having this content available. While "the best" solution from a technical perspective is to figure out a way to add captions to content, the alternative, serving up a "burned in" caption feed for those who need it, is technically possible and easily done.

Of course that costs Netflix money, they have to maintain two copies of each movie. But the law says you have to make the same accommodations available to disabled individuals as others have. Disabled persons shouldn't have to wait until Netflix can find "the efficient" answer, or the best technological solution. It is Netflix's responsibility to make this content accessible, and if today that means two copies of the content, so be it. Such laws are there to protect disabled individuals when it's not the best answer for a company's "bottom line" to accommodate them.

Netflix has been dragging their feet on this, and this is why they will likely lose this case.