[Sussex] [OFF TOPIC] A Plea to the Myth community.

Steve Dobson steve at dobson.org
Tue Nov 29 15:55:27 UTC 2005


Mark

On Tue, Nov 29, 2005 at 10:39:38AM +0000, Mark Harrison (Groups) wrote:
> On Tue, 2005-11-29 at 08:53 +0000, Steve Dobson wrote:
> > I think the BBC broadly agree.  Having talked to one of the BBC's R&D
> > people about this I believe that the view of the BBC is as a licence
> > payer you have already paid and the BBC has a responsibility to make
> > those programmes available to you.
> 
> Steve,
> 
> The issue here is that the BBC is, in many (most) cases also "just the
> broadcaster". The vast majority of programmes broadcast are
> Copyright-owned by third party companies. 

I agree, but I don't think Strictly Come Dancing is.  It is:
  a). Live,
  b). Shoot in Studio 1 (London), and
  c). The Saturday shows are available online for free download.

Because of these facts I think you'll find it is owned by the BBC.
But I need to check the copyright on the shows.

> As Paul has already said, IMP (Interactive Media Player) trials are well
> on the way. These allow a download of selected content with a DRM-lock
> so that it can be played up to 7 days after the original broadcast, and
> will then be unplayable (and the software will remove.) They are, at
> present, Windows-only. [1]
> 
> This is on the basis that the purpose of the trial is to allow a
> time-shift in viewing, not the creation of private archives. (The BBC's
> own revenue from DVDs would be badly hit if this happened.)

Internet broadcast material tends to be of a lower quality than that
provided by DVDs (or CDs for audio).  There is evidence from the US
that the DVD sales are made by people who want high quality, advert
free copies, and are prepared to pay for such.

> Here's an interesting line of lobbying. Rather than saying "you should
> support this because it's free", which can be countered by the simple
> argument "we support Windows because it's what the vast majority of our
> licence-payers use", how about this:
> 
> "Dear BBC, we understand that you are supporting the Windows platform
> because it is the most common among your licence payers. However, we
> would ask that you concentrate resources in favour of Linux rather than
> the Mac as a second platform, because Linux is the second-most common
> platform." :-)

Why bother?  I refer you to the BBC's Royal Charter:

  OBJECTS OF THE CORPORATION
  3. The objects of the Corporation are as follows:-

  (a) To provide, as public services, sound and television broadcasting
  services (whether by analogue or digital means) and to provide sound
  and television programme of information, education and entertainment
  for general reception in Our United Kingdom of Great Britain and
  Northern Ireland, the Channel Islands and the Isle of Man and the
  territorial waters thereof, and on board ships and aircraft (such
  services being hereinafter referred to as "the Home Services") and for
  reception elsewhere within the Commonwealth and in other countries and
  places overseas (such services being hereinafter referred to as "the
  World Service") the Home Services and the World Service together being
  hereinafter referred to as "the Public Services".

  (b) Subject to the prior approval of Our Secretary of State or within
  such limits as may be agreed from time to time between the Corporation
  and Our Secretary of State, to provide, as public services, other
  services whether or not broadcasting or programme supply services
  (such services being hereinafter referred to as "the Ancillary
  Services"). 

  INTERPRETATION
  25. In this Our Charter, (unless the context otherwise requires):
  "broadcast" means broadcast by wireless telegraphy;
  "for general reception" means capable of being received at any place
  or places, or in any area, in the United Kingdom, the Channel Islands
  and the Isle of Man and elsewhere free of charge and without payment
  other than such payment as may be required under the Wireless Telegraphy
  Act 1949 for a television licence or such other form of funding or
  payment for the Home Services as may from time to time be approved by
  Our Secretary of State; 

If the BBC is making it's content available digitally then I will expect
them to follow the Royal Charter.  I will expect them to choose a format
that is *NOT* encumbered with IP clams (in other words, and open format).
I believe that this is the meaning of "capable of being received at any
place or places".

To me the "free agument" appears to be the one required by law!

Steve
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