> > 5.  ...and then you spoil your reaonable arguments by going 
> > off into 
> > one.  What you can't argue with is the fact that the BBC is 
> > constrained by the legal requirements (copyright et al) 
> > placed on the 
> > content by third parties.  The BBC cannot simply take a unilateral 
> > decision to make all information free - it provides a large 
> > percentage 
> > of its content by negotiating how it'll be used from third parties.
> Did the content producers say "Only use Windows Media DRM", 
> if so I think this is a matter the European Courts would be 
> interested in. It could well violate competition law. In fact 
> if the BBC has been told it can only use Microsoft DRM then 
> that agreement may be prohibited under the Competition Act 1998.

Much as I hate to wade into this, I thought I'd explain why Windows DRM
is being used both at the BBC and Channel 4 (and Sky too I think) [1],
on the specific issue - and specific issue only - of why it is being
used and not others.

Currently, as I understand it, only Microsoft's DRM mechanisms are being
used because contracts signed with rights holders have required the
implementation of a specific window which the BBC can offer such
downloads.

Such rights holders - independent production companies, foreign
broadcasters etc - wish to commercially exploit the programmes they have
made (and they are allowed to do this), and they wish to exploit them
online as well as on cable and satellite channels, or foreign media.  

Restricting the availability of the BBC downloaded version allows them
to do that.  If a BBC downloaded version was available to all forever,
it would destroy their commercial exploitation online.  So to restrict
the availability, you /currently/ need Windows DRM.


So whilst rights holders wouldn't have insisted on Windows DRM, they
have got Windows DRM because it does what the rights holders want.
Should Apple change FairPlay to work in a similar way, then there would
be no excuse not to use FairPlay as well.


I won't go any further into the "rights" and "wrongs" of those
discususions.  I just thought I'd explain why it is like it is so it is
all out in the open.



[1] I read somewhere that ITV will be getting round this whole issue by
streaming content rather than allowing download.  Don't know how true
that is.

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