Thanks
It is still my thinking that no encryption = keep licence fee, encryption in
every home = BBC subscription.  This is why Freeview was a great way of
ensuring the funding method.

Greg Dyke understood that, Alix Pryde Controller BBC Production doesn't seem
to.

IMHO

2009/10/6 Nick Reynolds-FM&T <[email protected]>

>  That I think is a conspiracy theory too far.
>
>  ------------------------------
> *From:* [email protected] [mailto:
> [email protected]] *On Behalf Of *Brian Butterworth
> *Sent:* 06 October 2009 14:12
> *To:* [email protected]
> *Subject:* Re: [backstage] Encryption of HD by the BBC - cont ...
>
> IMHO
> I think the one thing that we can conclude is that the way the BBC have
> steamrollered the request to Ofcom with a short consultation period (and a
> Freeview HD service to start with hardware about to hit the shelves) is not
> cricket.
>
> The BBC has given commitments to being "open" in the past (re BBC history)
> and this undermines it.
>
> If you want a conspiracy theory:
>
> - BBC Licence fee raised for HD in 2010
> - BBC HD access via subscription system for extra payment
> - all services rolled onto HD over some years (say by 2015)
> - all BBC services are thus subscription
>
> That would please some people I guess.
>
> 2009/10/6 David Tomlinson <[email protected]>
>
>> This has discussion continued in a modest way on the blog comments.
>>
>>
>> http://www.bbc.co.uk/blogs/bbcinternet/2009/10/freeview_hd_copy_protection_a.html
>>
>> I am sorry to say Nick is making misleading reassurances.
>>
>> (He is not sufficiently technical or familiar with the material, to
>> understand the logical inconsistencies - this is an observation of fact, not
>> a personal attack).
>>
>>
>>
>> See Nick comment No. 34.
>>
>> "Yes you will be able to put a HD tuner into my Open Source MythTV box and
>> watch BBC HD, again if suitable tuners become available."
>>
>> The only reason tuners would not become available (they are currently
>> available for Standard Definition), is that they will be excluded by the
>> licence required to decrypt the signals.
>>
>> Free and Open Source Software Drivers will be excluded (excluding Myth TV)
>> if there is any meaningful copy protection (unless the licence is breached).
>>
>> If the copy protection is to be meaningful, the BBC must break the law,
>> regarding an unencrypted signal (semantics aside) and exclude FOSS from
>> accessing the copy protected signals (which may only apply to Hollywood
>> films, US imports, or may apply to the majority of content).
>>
>> See Nevali's comments, No. 35, 36, 42.
>>
>> Clearly Nevali, is part of the official consultation process.
>>
>>
>>
>>
>>
>> Issues:
>>
>> 1.1 Free and Open Source software is incompatible with DRM.
>>
>> 1.2 Reassurances to the contrary, contradict this knowledge. And undermine
>> statements from the BBC.
>>
>> 2.1 What the BBC is proposing is in breach of the law by any reasonable
>> semantics, the law is clear and does not allow for exceptions.
>>
>> 2.2 You may wish to proceed as if this was not true, but it is a fatal
>> flaw that will destroy the agreements the BBC is entering into, and damage
>> the BBC.
>>
>> 2.3 The BBC TRUST cannot ignore the fact that the BBC is intending to
>> breaking the law. Semantics will not be sufficient to obfuscate this issue.
>>
>> 2.4 Several other options exist to exploit the flaw in the BBC's
>> intentions. I am aware how it is possible to subvert the law, but ultimately
>> the letter of the law, will be used to force the BBC to broadcast
>> unencrypted.
>>
>> 3.1 We are in a transition phase, away from copyright and DRM.
>>
>> 3.2. The BBC appear to be insufficiently aware of the arguments against
>> DRM and, dangers of the course of action they have embarked upon, to act in
>> the public intrest
>>
>> 3.3 The BBC are not familiar with the argument against DRM which has
>> failed repeatedly.
>>
>> 3.4. The BBC are not sufficiently aware of the arguments against
>> intellectual property which has already lost the intellectual debate.
>>
>> 4.0 Free and Open Source software proponents have experience of a
>> copyright, patent, and DRM free environment, and are therefore more ready to
>> embrace the concepts, and freedoms involved.
>>
>> In view of the above, how can the BBC management claim to represent the
>> public interest ?
>>
>> The BBC can choose to ignore the above, but the issues will not go away.
>> And the BBC will be seen to be, not side of the public, but on the side of
>> special interests on these issues.
>>
>> This is intention of this email to raise issues with the BBC Management of
>> which Nick is one of the current spokesmen.
>>
>>
>> Further Reading:
>>
>> http://www.bbc.co.uk/pressoffice/speeches/stories/thompson_bpi.shtml
>>
>> "But that's changing. The first episode of the new Dr Who series was
>> available on the unauthorised site Bit Torrent three weeks before its
>> premiere on BBC ONE.
>>
>> And, although of course our main model in the UK is free-to-air
>> unencrypted broadcast, the BBC has a duty to exploit the residual commercial
>> value of the rights we invest in on behalf of the public: we do that both
>> here and around the world.
>>
>> So we have an intense interest in effective digital rights management
>> systems; in technical, legal and regulatory means to protect the property of
>> rights-holders; and in increasing public awareness of the moral and economic
>> consequences of the theft of intellectual property.
>>
>> On this last point, I believe the BBC could do considerably more than it
>> does at present."
>>
>> Mark Thompson, BBC Director-General  Thursday 14 July 2005
>>
>>
>>
>>
>> Some background on semantics in law.
>>
>> http://ssrn.com/abstract=831604
>> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=831604
>>
>> "We consider in the paper whether a pragmatics of semantic content can be
>> a useful approach to legal interpretation. More extensively, since a
>> pragmatic conception of meaning is a component of an inferential semantics,
>> we consider whether an inferentialist approach to legal interpretation can
>> be of help in treating and resolving some problems of legal interpretation.
>> In sum: Is legal inferentialism a suitable conception of legal
>> interpretation?"
>>
>>
>> Some of the Anti-copyright argument.
>>
>>
>> http://www.latimes.com/news/opinion/web/la-oew-healey18feb18,0,7696645.story
>>
>> "In "The Fatal Conceit: The Errors of Socialism", the economist and Nobel
>> Prize winner F.A. Hayek explains the difference between conventional
>> property rights and copyright. While the supply of material resources is
>> limited by nature, the supply of an immaterial good [is] unlimited, unless
>> the government limits the supply by law?. A later Nobel Prize winner, Milton
>> Friedman, describes copyright as a monopoly that decreases supply to a level
>> below the optimal level. Copyright and the regulations that follow from it
>> should, according to Friedman, be described primarily as a limitation of
>> free speech.
>>
>> In essence, Sigfrid is saying that something in unlimited supply can't be
>> stolen."
>>
>> [...]
>>
>> "These aren't just academic arguments. They're ammunition in a battle
>> that's raging online to shape the way the public thinks about copyrights.
>> The first salvo was fired by the original Napster, which defined itself as a
>> file-sharing network. That won the semantic high ground by defining
>> unauthorized downloading as "sharing," not "copying" or "duplicating." The
>> implication was that users of these networks were merely being generous with
>> something they possessed, not usurping the rights of copyright holders."
>>
>> The arguments about theft of service in the article are also wrong, as
>> theft of service is just an extension of property rights.
>>
>> The BBC wishes to limit supply by encryption, and therefore restrict free
>> speech, and support private monopolies.
>>
>>
>> Must Read:
>>
>> A  more complete argument against copyright can be found in the book:
>> http://www.dklevine.com/general/intellectual/againstfinal.htm
>> which available as a pdf from the web site.
>>
>>
>>
>> -
>> Sent via the backstage.bbc.co.uk discussion group.  To unsubscribe,
>> please visit
>> http://backstage.bbc.co.uk/archives/2005/01/mailing_list.html.
>>  Unofficial list archive:
>> http://www.mail-archive.com/[email protected]/
>>
>
>
>
> --
>
> Brian Butterworth
>
> follow me on twitter: http://twitter.com/briantist
> web: http://www.ukfree.tv - independent digital television and switchover
> advice, since 2002
>



-- 

Brian Butterworth

follow me on twitter: http://twitter.com/briantist
web: http://www.ukfree.tv - independent digital television and switchover
advice, since 2002

Reply via email to