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

[Mark Harrison (Groups)]

On Tue, 2005-11-29 at 15:53 +0000, Steve Dobson wrote:

> 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.

You are almost certainly right. I was trying to make a general point,
rather than a specific one about Strictly Come Dancing.

>   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!

Alas, not as I understand it. There is no requirement on the BBC to
provide "capability to receive", only to provide a service "capable of
being received."

For example, the broadcasts currently on Digital TV are not available to
those with only analogue TV aerial-based receivers, nor are those on DAB
available to those with only analogue radio receivers.

For that matter, the analogue TV broadcasts are only available to those
with PAL-capable equipment.

The precedent that the BBC may produce programming that is only
available to those with a particular technological solution, and
excludes those who have adopted a different technology, is well
established.

M.