The type of access that students and/or faculty may have, whether overseas or at a coffee shop, does not take the viewing of the DVD out of the educational context. The Court finds that the licensing agreement allows Defendants to put the DVD content on the UCLA internet network as part of the provision of the agreement that Defendants could “publicly perform” the DVD content, and therefore Plaintiffs have failed to state a claim of copyright infringement over their right to publicly perform the DVD.

Combined with the judge’s third point in this section about how placing a digital copy of the DVD on the network was “incidental fair use”, this seems to say that streaming is public performance.

Another important point to keep in mind is that UCLA explicitly purchased and was granted license to “publicly perform” the content of the DVD. That right of public performance is not something automatically granted if you buy a DVD from Walmart (or rent it from Netflix).