On Wed, Nov 20, 2019 at 12:32 PM Owen DeLong <owen@delong.com> wrote:
> The problem here is that identifying class members is very hard (most class members wouldn’t realize why they were not getting Hulu, and Hulu probably either quickly corrects the problem on their end or blames the ISP), meaning they wouldn’t realize their ability to join the class.
>
> As an individual customer, Hulu will refund your money and tell you to piss off. That’s about all you’re likely to recover in the court case, too.
>
> As an ISP, there might be something there, but, you’d have to prove that you had a significant number of customers that left for that specific reason and you’d have to show the actual damages that resulted. Easy to estimate, very hard to prove.

This is why you don't go after Hulu. You go after the content owners who conspired to compel Hulu to limit distribution in a way that tortiously interferes with your contract with your eyeball customers. Then, before you've spent much money (filing lawsuits and notifying the defendants only costs in the hundreds of dollars), you suggest to their respective counsels that they didn't actually intend to exclude your customers and that if Hulu weren't so reckless in their implementation you'd be inclined to drop the matter.