HDCP is broken, so people just get their captures from there I think. The Widevine stuff is also clearly not as trusted by publishers, which is why they only publish 720p streams on it IIRC. I think this is because it gets less help from the platform to prevent copying the frames.
No, this used to be the case, but isn't any more. Captures using lossless capture cards are called Webrips and generally disliked because they have to be reencoded (losing quality) and can only be ripped in realtime. For a long time now the better p2p groups (and even some scene) have figured out how to extract the encryption keys directly from the EME modules. So most of the Netflix rips you find on torrents these days are actually byte-for-byte copies of what you would view on Netflix.
Actually they should be byte-for-byte copies, but generally aren't, since Netflix makes you jump through half a dozen hoops to get the highest quality streams, so pirated copies are actually much better quality than what you can get on Netflix.
There are gazillion of 1:2 and 1:4 Chinese video splitters that strip HDCP from up to 4K sources letting any capture card rip anything that can be played on up to 4K TV.
