Customers watching one of Plaintiffs’ Copyrighted Works on their computer through Zediva’s system are not necessarily watching it in a “public place,” but those customers are nonetheless members of “the public.”
.... The non-public nature of the place of the performance has no bearing on whether or not those who enjoy the performance constitute “the public” under the transmit clause.
So watching a movie in the privacy of your own home is now a public performance.
Ever notice that even the busiest people are never too busy to tell you just how busy they are?