Netflix adds Retina display support, new ToU to iPad app

Netflix wasted no time getting behind Apple’s latest hit tablet the new iPad, updating its iOS app this week to add support for the device’s ultra-HD Retina display.

Netflix’s App Store listing explains the changes made to Version 2.1.1, which include exclusive HD artwork for subscribers browsing on the new iPad. VoiceOver support fixes, better video playback on external displays and general stability tweaks round out the update.

Oddly missing is actual 1080p HD streaming. Netflix’s Mobile team stated on Twitter that while the feature is currently MIA, it’s “investigating support.” Maybe in v. 2.2? The company declined to go into detail.

One last update comes in the form of a revised Terms of Use agreement, which in reality is more of a downgrade. The Los Angeles Times points out that the new section, upon being agreed to, prevents customers from suing Netflix, period.

“These Terms of Use provide that all disputes between you and Netflix will be resolved by BINDING ARBITRATION,” reads the new ToS. “YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.”

Whether such an agreement would actually hold up in court is up for debate. Sony Computer Entertainment added a similar ‘no suing’ clause to its online PlayStation Network Terms of Service last September — a fairly transparent attempt at preventing future class-action lawsuits. (Several disgruntled gamers filed suits against the corporation after a highly-publicized intrusion into PlayStation 3 servers last spring compromised millions of customers’ personal information and forced the PlayStation Network offline for weeks.) Microsoft followed suit months later with its Xbox 360 ToS, minus the ability for paying Xbox Live members to opt out. (via Hacking Netflix)