David, As we have not actually seen the real Ofcom response yet, I don't know the answers to your questions. But asking the legal position was my one and only response to the consultation, so it will be interesting to hear it.
If I had the resources I would launch a judicial review, as this is an appalling situation for Auntie. On 16 June 2010 06:38, David Tomlinson <d.tomlin...@tiscali.co.uk> wrote: > Nick Reynolds-FM&T wrote: > >> Well as always I suspect we will argue about this until the cows come >> home and not resolve it. >> >> > No what the BBC is doing is illegal under European law, (encrypting the > broadcast - the EPG is broadcast), or at least, failing a legal opinion, in > breach of the spirit of the law. > > Where is the mandate for the BBC to break the law. > > Where is the mandate for the BBC to enforce copyright or acquire control > over consumers behavior through the use of intellectual property. > > We all know what the current political environment is with the secret ACTA > etc. But that does not validate the Ofcom's or the BBC's actions. > > This is about the freedom of action of the individual, versus control by > the intellectual property owner, whose rights are seen as more important to > than public, and extend effectively forever. > > The BBC is in the wrong side on this fight. And I for one, am appalled at > the BBC's stance. > > It doesn't get to be a much more fundamental principle, than freedom of > speech and action, as the US constitution demonstrates. > > Comments Nick, anyone else ? > > > > > > - > 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/backstage@lists.bbc.co.uk/ > -- Brian Butterworth follow me on twitter: http://twitter.com/briantist web: http://www.ukfree.tv - independent digital television and switchover advice, since 2002
