We had Netflix about 6 years ago, and this was not uncommon. But, it was completely transparent. Either you got the first item on your queue, OR, that item had a status of "Out of stock" (or whatever phrasing they used) and you'd get the next in-stock item on your list. 6 years ago, that happened consistently (with popular and unpopular movies alike since they probably only had 1 or 2 copies of unpopular movies).

We canceled our service for several years, and now that we're back, they seem to have significantly improved their supply of DVDs as I have yet to see anything on our list listed as "Out of stock". So we always get the first DVD on our queue. I don't see them skipping that first DVD without the "out of stock" status showing, and that just doesn't seem to happen, at least not within our distribution area.

Really, all they need to do to "get away with it" is make sure there's language in the terms and conditions that say they reserve the right to adjust shipment schedules as they feel necessary.

Here is an in depth analysis from 2003:

http://dvd-rent-test.dreamhost.com/

Also, another issue that occurred to me is that would increase the appearance of throttling for frequent new release renters:

Generally you will receive your discs from your local distribution center (Netflix has them all over the country and are essentially large video rental stores with no public access and robots) but when you request an in demand movie, in order to fulfill the request Netflix may not be able to provide it from the center just outside of Boston (in Worcester) but rather from the Cedar Rapids, Iowa, center. Needless to say, this will add shipping time.

I don't want to come off as too much of a Netflix apologist (though I love my Netflix). If they do anything that acts to limit the number and choices of DVDs you can have shipped then they should be completely open about it.

Interesting. I must be very lucky in the sense that I have never received one disc from them that didn't play just fine. Granted, I've never actually paid much attention to the condition so they could be scratched beyond belief. They always sem to play fine though.

As far as turnaround times, I think a lot has to do with how close you are to the nearest netflix distribution warehouse. Luckily, ours is Santa Ana, which means quick turnarounds. My dads is 300 miles away in Kansas City so he waits an extra day or two.

I've had it skip movies that make it to the top of the list with Availabilities other than "Now" (such as Short Wait, Long Wait, or Very Long Wait). But on my nearly 500 disc queue only about 20 have non-now availabilities.

OMG, I've received tons of discs that are too messed up to play. Using them as coasters would not do the kind of damage I am used to seeing.

Dog toys is more like it.

My dog likes the return envelopes. Shred shred shred. Dinglecheese dog!
:D

We've received a few with skips, but 99% of the time, our magic scratch repair goop does the trick.

I'll have to find that stuff. I got half way through 'Judgement at Nuremberg' and it stopped. The movie's like 4 hours long or something like that. Damn you, Netflix!
:D

I just joined Netflix. I had Blockbuster before, and the longer I had their service the longer it took to get things. I would mail it in, and it would take a week or more to clear my queue. I got a broken DVD, reported it and asked for the same movie to be shipped, they never did. They kept sending other options, even though my top options showed as available.

I finally cancelled it- but since I like getting movies that way, I joined NetFlix on Monday. My first movie was shipped Tuesday and according to them, I should have it today. So we'll see.

I'm only doing the one at a time option- to check it out.