I'm not a lawyer so I can't answer -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of David Tomlinson Sent: 17 June 2010 17:10 To: [email protected] Subject: [backstage] Green Ink.
Nick, has been drinking the BBC kool aid, and thinks we have a weak case. Well I have submitted a complaint to the BBC suggesting the following five actual or stated intention of the BBC, in public documents, to prima facie case of breaking the law. 1. State Aid. 2. Public Service Obligations 3. Extra Judicial enforcement by a public body 4. "Oligopolistic Dominance", and "Anticompetitive Parallel Behaviour" 5 "Vertical Discrimination" I could do better with more time. Nick how do you like our case now ? Extract: 1. Summary. The BBC's case is that it is in the public interest to submit to and engage in "anticompetitive parallel behaviour" in breach of it's own legal obligations and competition law (which is not justified by copyright). This ignores the violation of several principles enshrined in law: legal obligations and competition law. And exceptions to copyright under the law. But most worrying of all, intellectual property is continuing to be used to justify the eroding and rights and violating principles that appear in the European Convention on Human Rights[13] Universal Declaration of Human Rights[12] or a written constitution (like the US constitution[11]): freedom of speech and expression, intrusions into the publics autonomy, privacy, property and extra-judicial enforcement of arbitrary restrictions. By contrast: Breech of copyright is a Tort (civil wrong), only in exceptional cases a criminal offence (that is changing as more draconian laws are passed), a loss has to be established, for which damages may be awarded, by the courts. The BBC is clearly taking disproportionate action, by creating the infrastructure for control of the public by special interests and violating the law, in exchange for illusionary short term gains. - 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]/ - 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]/
