2009/10/7 David Tomlinson <[email protected]>

> Billy Abbott wrote:
>
>> Mo McRoberts wrote:
>>
>>> I might be being dim, but I can’t see an angle to this where the rights
>>> holders actually get what they want (anything which even impedes pirates)
>>> without fundamentally altering the conceptual landscape of free-to-air
>>> receiving equipment in the UK.
>>>
>>
>> I've always assumed that they don't want to impede the pirates, but
>> instead want a way to pursue them legally and then make an extra profit.
>>
>>  It's the people who can't break the law, the consumer electronics
> companies who will be required to obtain a licence who will be affected.
>
> It is a legal trigger.
>
> Conditions placed on them (Consumer Electronics), will impact the consumer,
> due to built in restrictions in the equipment, imposed by a licence holder
> (DTVA).
>
> This will alter the landscape of free-to-air, circumventing the intention
> of the law.
>
> You can't build a PVR, or even a TV without an EPG.
>
> And as was suggested, this will allow the DTVA to control innovation, in
> this field, by authorising products (and charging for a licence? aka
> profit).
>


I suppose it depends on if the BBC asks for a payment for the licence.  It
could simply provide it for free to anyone who signs the agreement.  This
would allow the BBC to assert the control over the consumer that
the foreign powers want.

But common law does now allow a contract to override the provisions of
Primary legislation.

It would be hard for the BBC to have a contractual hold over all Freeview
HD receivers and not violate the rights of citizens.  There are rights in
law to time-shift, and for educational establishments (and certain others)
for archive and reuse.

There is also the right for public free-to-air broadcasts to be
retransmitted in the EU, and this system would violate that too.

It's such a shame that Ofcom didn't give us time to work all this out.  I
would have gone about it earlier, but I was having my shoulder operated
on...


>
> This exactly the public interest, that the law was intended to protect.
>
> And why the metadata (EPG), should be regarded as part of the signal, (it
> is broadcast) that must be unencrypted for public service broadcasting.
>
> QED.
>
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Brian Butterworth

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