The judge says if there are factual questions about what role third-party companies such as Google Analytics, Doubleclick and Facebook play for Hulu, those questions canвЂ™t be resolved at this stage of the dispute.

Hulu also attempted to dismiss the lawsuit because the VPPA allowed disclosures when they are вЂњincident to the ordinary course of business,вЂќ but the judge says that market research and web analytics donвЂ™t qualify as an ordinary course of HuluвЂ™s business. In response, the plaintiffs pointed to how вЂњvideotape service providerвЂќ is defined, which according to the law meant businesses engaged in the вЂњdelivery of prerecorded videocassette tapes or similar audio visual materials,вЂќ emphasizing the latter part as being inclusive of technologies not contemplated at the time of the lawвЂ™s enactment.Д«eller agrees in her decision, saying that CongressвЂ™ concern with privacy and protecting the confidentiality of an individualвЂ™s choices is whatвЂ™s relevant.

In moving for a dismissal, Hulu argued that since the VPPA focuses on вЂњvideo tapeвЂќ and since the legislative history of the act spoke about вЂњphysical stores selling goods,вЂќ the law wasnвЂ™t regulating businesses dealing in digital content.

The VPPA prohibits a вЂњvideotape service providerвЂќ from knowingly disclosing вЂњpersonally identifiable information,вЂќ which includes information that вЂњidentifies a person as having requested or obtained specific video materials or services.вЂќ In other words, companies canвЂ™t share customersвЂ™ video viewing history, and in this case, the plaintiffs allege that Hulu disclosed their video requests and their identities to social networks and online advertising networks.

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