Imagine people being in court and trying to argue that to a court or jury. The copyright holder arguing that the Service is made available online, presenting screenshots and video of copyrighted elements being presented through a online service, and the defense arguing that the service is not made available since the Proprietary service sits between the user and service.
Getting around the law through technical means sounds great from a technical standpoint but tend to fall flat once a non-technical person looks at it and don't see the technical layer. The obvious example was BitTorrent which people initial argued did not constitute copyright infringement based on an number of arguments, one being that only minor parts of the whole work is ever sent by any single person. Similar people argued that streaming was legal since no one received a copy of the work. Outside-> streaming service -> copyrighted work did not really separate outside from the copyrighted work in a way that made a legal difference.
Getting around the law through technical means sounds great from a technical standpoint but tend to fall flat once a non-technical person looks at it and don't see the technical layer. The obvious example was BitTorrent which people initial argued did not constitute copyright infringement based on an number of arguments, one being that only minor parts of the whole work is ever sent by any single person. Similar people argued that streaming was legal since no one received a copy of the work. Outside-> streaming service -> copyrighted work did not really separate outside from the copyrighted work in a way that made a legal difference.