(Almost.)
Of course that majority will also never be given a choice.
Sony PlayStation users are using FreeBSD. I doubt they will complain.
Imagine, for the purposes of a thought experiment, a majority of users would be receptive to using FreeBSD. Imagine that instead of staring at a screen that says "Buffering...", the user could transfer files to the her home computer with something as simple as:
tnftp -o /home/netflix/nextmovieinqueue.mp4 ftp://netflixftpserverlocatedatisp.netflix.com/requestedmovie.mp4
And when the download completes, the user could serve the video to the devices that are connected to her WiFi router:
tcpserver -vRHDl0 192.168.2.0 80 bozohttpd -snX /home/netflix
And then she accesses the file as she would any video on the www, by pointing her web browser/http client at http://192.168.2.0/nextmovieinqueue.mp4
In this imaginary scenario, how could "DRM" be implemented without forcing the customer to use a particular OS, browser or video player, or some other closed source program?
Could it be done?
The problem is there is no port of Silverlight with the necessary DRM. The latter is unethical in the context of free software.
However, from what I've read, Netflix intend on switching fully to HTML5 in the near future. This will make their platform OS-agnostic, while still benefiting from things like Encrypted Media Extensions (EME).
Though breaking EME is probably more interesting for a certain class of developer than implementing all of Silverlight with DRM is.
they cannot implement eme because they are open source.
Personally, I think this licensing difference is what makes companies use code from one but not the other. E.g. Apple's Darwin and it's kernel (XNU) contains code from BSD. While Darwin is "open source", it acts as the core/foundation of a closed source OS. Had they used a GNU kernel like Linux, or GNU libraries (glibc) then they'd have had an issue or two with certain uses in conjunction with closed source software (e.g. statically linking glibc). I reckon that influences decisions on what to use.
Perhaps the best example to fit your comment is JunOS, a closed source, FreeBSD based OS.
In Netflix's case, it does seem that they modify some of FreeBSD to fit their use case, and they boast about how they will contribute back to the FreeBSD project any changes that they make. The BSD license does _not_ require them to do so, and who are we to know if they're actually contributing everything back. If they used a GPL'd OS, they might be obliged to do it, but I'm not a lawyer.
I don't believe, however, that the license played any part in Netflix's choosing of FreeBSD, and I don't believe that what your comment points out should be considered trolling :)
[0] https://en.wikipedia.org/wiki/Affero_General_Public_License
If we are talking about open as in permission to use, modify and distribute, then both licenses are equally "open".
If we are talking about open as in permission to close down the permission for others to modify or distribute newer version, and sue anyone who acts different - Then we do have one license that is more "open".
One could also argue that a standard business model of today rely on being able to threaten users with lawsuit if they modify or share the software. The "openness" to use such model is only available for one kind of licenses and not by others.
I might not go as far as calling it more open, but then I have a distinct opinion on the word open.
That means, for developers who build a startup using the XaaS business model, only MIT or BSD works really well. While LGPL and GPL may work, but require legal steps, where there is no money for lawyers and such. These startups cannot compete against the corporate enterprise market, like Google for example. And according to the theory of "The rich get richer", this will not change, unless someone clever enough, uses system theory to subvert and defeat the corporate culture, or the whole society backs this idea, ie. to stop the inevitable destruction of the remaining planetary resources. Guess why SpaceX wants to mine asteroids. It's not that resources are rare or something, they are simply rare, because someone with the budget reserved a large amount for himself, to control the market. Yes this is virtually a power Google also has, it could make the barrier of entry for any startup so hard, that those who want succeed need to be financed by them (through acquiring) or by visionary investors. Please don't get this as Google hate, it's just a logical observation and I am also doing human errors from time to time. When you find a logical flaw, I'm curious to discuss that with you.
They are stuck, the movie people want DRM, but nothing really exists on Linux for such. So they had to go with Silvershit.