RE: [backstage] DRM

2007-01-29 Thread Andrew Bowden
 




From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of James Cridland
Sent: 28 January 2007 22:27
To: backstage@lists.bbc.co.uk
Subject: Re: [backstage] DRM


On 1/26/07, Andrew Bowden [EMAIL PROTECTED] wrote: 


The flip side is that every format you add, has some
extra setup costs of various magnitudes, and when belts have to be
buckled because it's public money, why spend it when you're satisfying
most people now.  After all, how many people are not listening to (say)
Radio 1 live online just because it's not being streamed in MP3 format. 



At least 10%, if not more. An interesting job to compare this
with how many people listen to radio through Telewest, and the setup
charges of that (even just the carriage fees). I'd argue strongly that
streaming MP3 is better value. 
 

Ah well, the public service broadcasters do have some gifted capacity on
Cable.  I've no idea how far it extends, but it might extend to the
radio stations :)
 
However I take your point!


RE: [backstage] Weather RSS feeds broken?

2007-01-29 Thread Ian Forrester
No thanks for the email,
 
I've passed it on to the weather team

Cheers,

Ian Forrester || backstage.bbc.co.uk || cubicgarden.com || geekdinner.co.uk
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Iain McWilliams
Sent: 29 January 2007 08:15
To: backstage@lists.bbc.co.uk
Subject: [backstage] Weather RSS feeds broken?



Sorry if this isn't the place to bring this up, but the weather RSS feeds on 
the BBC weather web site have stopped updating and continue to contain data 
from 24th/25th January. eg:-

http://feeds.bbc.co.uk/weather/feeds/rss/5day/id/1769.xml

The link is still present on the 5 day weather forecast screen so hopefully 
that means the service hasn't been withdrawn.

http://www.bbc.co.uk/weather/5day.shtml?id=1769



Does anyone know if it is a glitch that will shortly be repaired, or is it a 
sign the RSS feed is to be withdrawn?

Thanks,
Iain McWilliams

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[backstage] RE: [backstage] £1.2 billion question (or RE: [b ackstage] BBC Bias??? Click and Torrents)

2007-01-29 Thread Brian Butterworth
 -Original Message-
 From: [EMAIL PROTECTED] 
 [mailto:[EMAIL PROTECTED] On Behalf Of Matthew 
 Somerville
 Sent: 29 January 2007 01:14
 To: backstage@lists.bbc.co.uk
 Subject: Re: [backstage] £1.2 billion question (or RE: 
 [backstage] BBC Bias??? Click and Torrents)
 
 Brian Butterworth wrote:
  Sorry if you didn't get why this is a backstage issue, let me 
  explain more carefully.
 
 I didn't say any such thing, someone else in the thread did.

I don't recall say that YOU did.  
 
  But you can use a PVR (Sky+), Media Center, Windows or Mac 
 to record 
  off-air onto a hard drive does, as does using a video cassette 
  recorder with a video cassette or DVD-R burner with a blank DVD.
 
 Yes, as I said.
 
  The law allows you to make any recording you like and watch 
 it where 
  you like as long as the recording and viewing is done in 
 domestic premises.
  You can pick up your laptop, PVR or computer and take it somewhere 
  else and watch legally.
 
 Yes, I agree.
 
   Also you can copy from a PVR onto a DVD burner legally.
 
 Are you sure? Where is that copyright permitted? Copying 
 things like that (e.g. for backup) is not, as the Gower 
 review made clear, as this petition
 says: http://petitions.pm.gov.uk/privatecopy/ and as the 
 government response agrees.

  So I really can't see how using a computer network such as 
 BitTorrent 
  breaks any law, as long as both parties are domestic.
 
 It's not just domestic use in section 70, it's private and 
 domestic use. 
 I really can't see how using BitTorrent, in your proposed 
 operation, counts as private use.

In the terms of private and domestic use the word private means that it
is done by a private individual, rather than a company or other
organization.  There is no restriction on taking a videoed TV programme to
another private dwelling and viewing it there.  domestic means in the
home (ie not in a shop, church, etc).  There is no restriction in law to
carrying a VHS cassette or DVD in a car, on a train or sending it in the
post.  As long as no money is accepted then such a transaction is private.


  If it *IS* illegal then the Slingbox is illegal too, isn't it?
 
 I presume you have to log in to the Slingbox, thereby 
 guaranteeing it is you for your own private use? I don't know 
 much about it.
 
  It's not a case of what I think about the law, it is my 
 understanding of it.
  There is no legal precedent to support your position.
 
 Yours neither. :-)

Well there is two precedents.  Firstly the BBC took BSB to the high court to
stop them showing highlights of the World Cup in 1990 - and lost.
http://nic.suzor.com/articles/TransformativeUse.pdf page 141

The second is the withdrawal of the BBC and ITV (and soon C4 and Five) from
using BSkyB's encryption service on satellite, because the EU Television
Without Frontiers directive allows them not to.

Brian Butterworth
www.ukfree.tv
 
Email: [EMAIL PROTECTED]


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Re: [backstage] RE: [backstage] £1.2 billion question (or RE: [backstage] BBC Bias??? Click and Torrents)

2007-01-29 Thread James Cridland

On 1/29/07, Brian Butterworth [EMAIL PROTECTED] wrote:

  It's not a case of what I think about the law, it is my
 understanding of it.
  There is no legal precedent to support your position.
 Yours neither. :-)
Well there is two precedents.  Firstly the BBC took BSB to the high court to
stop them showing highlights of the World Cup in 1990 - and lost.
http://nic.suzor.com/articles/TransformativeUse.pdf page 141


The BBC vs BSB paragraph in this PDF reads as follows (and yes, I can
copy this legally!)...


In BBC v BSB (The 1990 World Cup Case),475 the defendant rebroadcast
highlights of the BBC's live broadcasts of football matches over the
course of the 1990 World Cup in Italy, and asserted that the
rebroadcasting was fair dealing for the purpose of news reporting. The
UK High Court took a broad approach to the question of fair dealing,
holding that the rebroadcasts were for the purposes of reporting the
news, rejecting the suggestion that the BSB's purpose was not to report
the news, but that it had an 'oblique motive' to quickly boost their
popularity by using the most memorable highlights of the matches. The
fact that the highlights were also entertaining, and that the BSB
benefited from providing them, did not mean that the purpose of the
rebroadcast was not for reporting the news.


This deals in 'fair-dealing' for use of excerpts in news broadcasting.
I don't quite follow how it's relevant to allowing UK users to copy,
in full, copyrighted material.


The second is the withdrawal of the BBC and ITV (and soon C4 and Five) from
using BSkyB's encryption service on satellite, because the EU Television
Without Frontiers directive allows them not to.


This is related to territorial rights granted by those that hold the
copyright; again, I don't quite follow how it's relevant in allowing
UK users to copy, in full, copyrighted material.

Copyright in most television and radio programmes are not, in actual
fact, wholly owned by the broadcaster. From music rights to other
areas, copyright rests in a whole set of bodies which isn't easily
entangled. In most cases, the broadcaster has negotiated limited
rights in a limited time-frame and a limited territory to exploit
copyright material: for which wholesale and free copying via
BitTorrent without DRM is wholly unrealistic.

I admire your obvious enthusiasm, mind.

j
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[backstage] RE: [backstage] RE: [backstage] £1.2 billion que stion (or RE: [backstage] BBC Bias??? C lick and Torrents)

2007-01-29 Thread Brian Butterworth
(snip)

 
  The second is the withdrawal of the BBC and ITV (and soon 
 C4 and Five) 
  from using BSkyB's encryption service on satellite, because the EU 
  Television Without Frontiers directive allows them not to.
 
 This is related to territorial rights granted by those that 
 hold the copyright; again, I don't quite follow how it's 
 relevant in allowing UK users to copy, in full, copyrighted material.


The point was a simple one: it illustrates that the BBC has been 100% WRONG
before about this kind of issue and the BBC should consider what is and what
is not legal.  

The BBC wasted an awful lot of licence fee payers money on those damn Solus
cards and the quite unnecessary encryption system.  Therefore I simply
propose that the BBC considers - especially in light of the licence fee
settlement being down two billion quid, that there may be an existing legal
framework that would cost it no money whatsoever - again.

 
 Copyright in most television and radio programmes are not, in 
 actual fact, wholly owned by the broadcaster. From music 
 rights to other areas, copyright rests in a whole set of 
 bodies which isn't easily entangled. In most cases, the 
 broadcaster has negotiated limited rights in a limited 
 time-frame and a limited territory to exploit copyright 
 material: for which wholesale and free copying via BitTorrent 
 without DRM is wholly unrealistic.

But, as I pointed out there are exclusions from copyright which protect the
rights of consumers and viewers.  The whole point of my argument is that if
a network of domestic devices that exchange private, domestic recordings
with each other in the UK was legal, then any points about the problematic
and complex issues of rights and DRM simply won't apply.

I agree that it would be unrealistic if the recording or exchange service
was provided by a company, organisation or charity.  But it would be fine
for such to run trackers and searches of the torrents, IMHO.  


 I admire your obvious enthusiasm, mind.

I'm always happy to save Auntie a billion quid.

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Re: [backstage] Music, (meta)data, musicbrainz and the BBC

2007-01-29 Thread Gordon Joly



 All tru
 Brainz has advanced relationships to break Paul Simon and Art
 Garfunkel into paul Simon and Art Garfunkel (bad example I know)
 And for that matter Peter Andre and Jordan into Peter Andre and
 Jordan

  [http://tinyurl.com/2yxx76]




This link is to Amazon.co.uk which reminded me

I was told that all authors have a unique id, so that all the authors 
(called John Smith or Nitesh Patel etc) have unique identifier (like 
books have ISBN) and furthermore that Amazon ignore this identifier.



Gordo

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Re: [backstage] RE: [backstage] £1.2 billion question (or RE: [backstage] BBC Bias??? Click and Torrents)

2007-01-29 Thread Dave Crossland

On 29/01/07, James Cridland [EMAIL PROTECTED] wrote:


In most cases, the broadcaster has negotiated limited


The distributor's limited rights have been extended in the opposite
direction to where distribution technology has taken us.


rights in a limited time-frame and a limited territory to exploit
copyright material: for which wholesale and free copying via
BitTorrent without DRM is wholly unrealistic.


Wholly unrealistic seems pretty nutty when http://www.uknova.com/
and friends are doing it anyway.

Copyright as it stands has been broken by our new digital circumstances.

I concede that most BBC content is being held to ransom by copyrights
held by 3rd parties. But whatever isn't, should at least be made
available along the lines Brian Butterworth has made out.

As a British citizen and BBC-Tax payer, I personally find that it
being made available to look at, but not touch and reuse, isn't enough
- this material should be released under a copyleft license for me.

As a human being, and having seen wonders like Wikipedia, I'd like it
to be released under a copyleft license for worldwide use.

--
Regards,
Dave
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Re: [backstage] BBC Bias??? Click and Torrents

2007-01-29 Thread Gordon Joly

At 14:49 + 27/1/07, Brian Butterworth wrote:

I'm horrified (again) to see Auntie misrepresenting technologies on Click
The BBC's flagship technology programme

Both the programme and web page call the sharing of TV programmes using
BitTorrent systems 'illegal'.

http://news.bbc.co.uk/1/hi/programmes/click_online/6301355.stm

http://www.bbc.co.uk/mediaselector/check/nolavconsole/ukfs_news/hi?redirect=
fs.stmnbram=1bbram=1nbwm=1bbwm=1news=1nol_storyid=4977542

However, DOMESTIC sharing of programmes broadcast free-to-air in the UK is
NOT ILLEGAL.

To quote Section 70 of Copyright, Designs and Patents Act 1988 (as amended),
The making in domestic premises for private and domestic use of a recording
of a broadcast solely for the purpose of enabling it to be viewed or
listened to at a more convenient time does not infringe any copyright in the
broadcast or in any work included in it.

The BBC has never charged anyone for this offence, and your assertation that
using a torrent to watch TV shows is illegal is incorrect and has no legal
basis in the UK.

The BBC should not assert that something is illegal when there is no law
being broken and no legal precedent.

Brian Butterworth
www.ukfree.tv


Email: [EMAIL PROTECTED]





What do you mean by DOMESTIC sharing exactly?

Timeshifting (e.g. family sits down to catch on a programme record 
previously) is different from re-distribution (i.e. sharing).



Gordo

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Re: [backstage] Joost anyone?

2007-01-29 Thread Mr I Forrester

More Joost invites anyone?

I have a few more invites if anyone is interested?

Drop me a personal email

Ian

Tom Loosemore wrote:

On 28/01/07, Libby Miller [EMAIL PROTECTED] wrote:


On Wed, 17 Jan 2007, Robert Kerry wrote:

 Email me if you'd like an invite - not sure how many I can give out 
though.


 :o)


(belatedly) I work for Joost and have a few invites spare.

Libby


many thanks libby... much appreciated...
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RE: [backstage] BBC Bias??? Click and Torrents

2007-01-29 Thread Brian Butterworth
(snip)
 
 
 
 
 What do you mean by DOMESTIC sharing exactly?
 
 Timeshifting (e.g. family sits down to catch on a programme record
 previously) is different from re-distribution (i.e. sharing).


The law says The making in domestic premises for private and domestic use
of a recording of a broadcast solely for the purpose of enabling it to be
viewed or listened to at a more convenient time does not infringe any
copyright in the broadcast or in any work included in it.

It does not say HOW the recording can be made, NOR that only the person who
made the recording can view it, NOR that the viewing has to be made in the
same domestic premises as the recording was made.  It does NOT say that the
recording cannot be transferred or duplicated before it is viewed NOR does
it say that it may not pass along any form of communications system NOR does
it specify how many people can watch it at a more convenient time.

 Timeshifting (e.g. family sits down to catch on a programme record
 previously) is different from re-distribution (i.e. sharing).

Actually the re-distribution is quite, quite legal under the EU Television
Without Frontiers directive, I'll have you know.  That's how come you can
watch BBC one and BBC TWO on cable in Holland, and how come BBC and ITV are
on Astra 2 unencrypted:

Television without Frontiers, EU (89/552/EEC CHAPTER II, Article 2)
directive states: 

2. Member States shall ensure freedom of reception and shall not restrict
retransmission on their territory of television broadcasts from other Member
States for reasons which fall within the fields coordinated by this
Directive. 

The UK Copyrights and Patent's Act 1988 (as amended) does not make any
distinction between timeshifting and sharing, they are both quite legal as
long as done for the purpose of viewed or listened to at a more convenient
time.

 
 Gordo
 
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Re: [backstage] RE: [backstage] £1.2 billio n question (or RE: [backstage] BBC Bi as??? Click and Torrents)

2007-01-29 Thread Matthew Somerville

Brian Butterworth wrote:

Brian Butterworth wrote:
Sorry if you didn't get why this is a backstage issue, let me 
explain more carefully.

I didn't say any such thing, someone else in the thread did.


I don't recall say that YOU did.  


You were replying to my email, and you wrote you, as quoted above. I'm not 
sure how else I'm expected to take it. :-)



Also you can copy from a PVR onto a DVD burner legally.


Are you sure? Where is that copyright permitted? Copying 
things like that (e.g. for backup) is not, as the Gower 
review made clear, as this petition
says: http://petitions.pm.gov.uk/privatecopy/ and as the 
government response agrees.


So I really can't see how using a computer network such as 
BitTorrent breaks any law, as long as both parties are domestic.


It's not just domestic use in section 70, it's private and 
domestic use. I really can't see how using BitTorrent, in your

 proposed operation, counts as private use.


In the terms of private and domestic use the word private means that it
is done by a private individual, rather than a company or other
organization.  There is no restriction on taking a videoed TV programme to
another private dwelling and viewing it there.  domestic means in the
home (ie not in a shop, church, etc).  There is no restriction in law to
carrying a VHS cassette or DVD in a car, on a train or sending it in the
post.  As long as no money is accepted then such a transaction is private.


I accept everything you write above. But you're not saying do any of the 
above, you're saying *make a copy of the recording of the broadcast* - none 
of the above involve copying.


In your other email:
 The UK Copyrights and Patent's Act 1988 (as amended) does not make any
 distinction between timeshifting and sharing,

Yes it does. It permits you, as you keep quoting it, to make a recording of 
a broadcast to let you view or listen to it at a more convenient time 
(timeshifting); it does *not* let you make copies of that recording 
(sharing). As I said, and you ignored, above.



Anyway, this isn't really going anywhere. The sad thing here is I probably 
completely agree with you that this is a big issue that obviously needs to 
be dealt with, I just don't think going around saying the law isn't as it is 
is at all helpful.

--
ATB,
Matthew  |  http://www.dracos.co.uk/
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Re: [backstage] Joost anyone?

2007-01-29 Thread Neil Smith [MVP Digital Media]

Thanks for that Libby, much appreciated.
Off to play with my new toys now ;-)

Cheers - Neil

At 12:17 28/01/2007, you wrote:


On Wed, 17 Jan 2007, Robert Kerry wrote:

 Email me if you'd like an invite - not sure how many I can give out though.

 :o)


(belatedly) I work for Joost and have a few invites spare.

Libby


 Rob
 evilgreenmonkey



 On 17/01/07, John [EMAIL PROTECTED] wrote:
  Any idea how i can get one of those?
 
  Already registered on the beta-testers list,
 
  Appreciate it,
 
 
  John.
 
  On 1/17/07, Brian Butterworth [EMAIL PROTECTED] wrote:
  
  
   Mario,
  
   I would be very pleased to accept your token.
  
   Thanks in advance.
  
   Brian Butterworth
   www.ukfree.tv
  
  
  
   
   From: [EMAIL PROTECTED]
  [mailto:[EMAIL PROTECTED] On Behalf Of Mario Menti
   Sent: 17 January 2007 06:52
   To: backstage@lists.bbc.co.uk
   Subject: Re: [backstage] Joost anyone?
  
  
   On 1/16/07, Brian Butterworth [EMAIL PROTECTED] wrote:
  
I'm not after a review, I wish to use it!  The message I got when I
  signed
up was to ask someone else 'who has a token' to provide me with one.
   
And if you don't ask you don't get.
   
   
Brian Butterworth
www.ukfree.tv
  
  
  
   Brian - let me know if you have received an invite off-list. 
If not, I can
  send you one. (Before anyone else asks, I only have this one 
spare token at

  the moment, but more may be forthcoming in future...)
  
   Mario.
  
  
  
  
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  --
  John Griffiths
  http://www.red91.com
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