Re: Re: New Website

2013-07-17 Thread Square Penguin

It's possible you misunderstood my point.

There will be no arguing or defence. I am simply stating it is illogical 
to believe there is any form of 'defence' when another programme has 
received a cease and desist whilst already fulfilling the criteria of 
obscurity, non use of iPlayer and not being that visible.


Those concerns can be addressed of course, 'just in case', but it is far 
more important that get_iplayer be used as intended in line with the 
BBC's guidelines.


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Re: New Website

2013-07-17 Thread Andy Moore
Shouldn't the 'as far as I'm aware' side of things be looked into?
It'd be a shame for the new forums and any associated sites to be shut down for 
using a logo

To put my concerns into context; I help admin a site for vintage radio control 
cars and they were recently threatened with legal action for selling 
reproduction stickers copied from stickers that have been out of print for 
nearly 30 years
I dare say the Beeb have a good case against a site (or sites) using their logo 
to assist people to download their content

If the option was pack it in altogether or we sue you for using the logo, what 
would you do?

I've used G_iP since the po-ru downloaded stopped working, it'd be catastrophic 
to lose G_iP too

I live in an area with sub 1m broadband, so G_iP is vital for stuff I missed 
with the Sky box




On 17 Jul 2013, at 01:20, Square Penguin he...@squarepenguin.co.uk wrote:

 To address a few points:
 
 iplayer in URL: There is nothing wrong with having 'iplayer' in the URL as 
 far as I am aware. The site does not generate revenue (which is key) or seek 
 to dilute the trademark. Legal precedent for this is well established. Check 
 out 'ryan air sucks' for just one notable example that's still alive after 8+ 
 years, if stagnant.
 
 Use of Logo: That is get_iplayer's logo and always has been as far as I am 
 aware. It is on the front page of this mailing list. If someone would like to 
 do another one I'd be more than happy to use it, but if the BBC decides to go 
 after get_iplayer, it won't be over the logo.
 
 The name: get_iplayer is called get_iplayer. It has iplayer in the name. If 
 we are concerned that the use of 'iplayer' is the reason the Beeb would shut 
 it down, we should change the name of the software itself. Radio Downloader 
 did not avoid takedown by avoiding the use of 'iplayer'.
 
 Visibility of get_iplayer: The previous guide has seen thousands, actually 
 tens of thousands of unique visitors and has been sat on the front page for 
 months under very popular search terms such as 'iplayer guide'. Additionally, 
 the software has been available for many many years and the Beeb is well 
 aware of it. It's important to note that Radio Downloader didn't have any 
 protection from takedown by 'hiding under a rock' and nor (logically) would 
 get_iplayer.
 
 I am happy to use the squarepenguin.co.uk URL and change the logo if someone 
 provides one, but ask yourself if you think it would truly make any 
 difference in light of Radio Downloader?
 
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Re: Re: New Website

2013-07-17 Thread Square Penguin
The BBC can request the take down of the site and I'd make necessary 
adjustments to address the concerns and put it back up. I'm happy to 
address them before it gets to that stage.


However, that is going to have no effect of get_iplayer, the programme, 
itself. I have simply created a site that mirrors already available 
content and added a forum. I am not 'in charge' of get_iplayer or its 
removal, no one is actually. It's open source, though we're lucky enough 
to have a maintainer.


Rest assured, any move by the BBC against the site in order to remove 
get_iplayer would be futile as I would have absolutely no way of 
removing it. Further, all the content is available elsewhere, less the 
forums, so it wouldn't be a particularly effective move if they wished 
to limit access to info either.


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Re: Re: New Website

2013-07-17 Thread Jonathan H
On Wed, Jul 17, 2013 at 1:20 AM, Square Penguin
he...@squarepenguin.co.uk wrote:

 Use of Logo: That is get_iplayer's logo and always has been as far as I am
 aware. It is on the front page of this mailing list. If someone would like
 to do another one I'd be more than happy to use it, but if the BBC decides
 to go after get_iplayer, it won't be over the logo.

That IS true that it's always been the logo, perhaps it's time for a change?

Look at the two side by side:

BBC Iplayer logo http://hotline.ccsinsight.com/_images-article/iPlayer.png
Get_iplayer logo
http://getiplayer.co.uk/wp-content/uploads/2013/06/get_iPlayer-Forums.jpg

I'm not a legal expert but I am in business and I'd be fairly sure
they could come after you. TC:

http://www.bbc.co.uk/terms/business.shtml
2.1.3   the names, images and logos identifying the BBC, its licensors
or third parties and their products and services in BBC Online
Services and/or BBC Content are subject to copyright, design rights
and trade marks (registered and unregistered) of the BBC or any other
relevant third party or licensor.

http://www.bbc.co.uk/terms/additional_iplayer.shtml
2.9 You do not have the right to use any BBC Content or BBC mark/logo
on your device or elsewhere except as provided on BBC iPlayer or
through the BBC iPlayer Download Application.

But also, the Beeb have massively deep, almost bottomless pockets.
They pissed away £1bn (that's £100,000,000) on a totally failed IT
project, paid directors £tens of millions more than their contracts
required, and have already spend £2m just on Newsnight:

http://www.pressgazette.co.uk/bbc-reveal-full-cost-dropping-savile-story-annual-accounts-are-published
The newsnight investigation cost £2.4 million which included £101,000
to cover the legal and related costs of Helen Boaden who was heavily
criticised in the report.

To come after GIP would be a tiny drop in the ocean for BBC lawyers
who will be on close to £5,000 *PER HOUR*. Can you afford that?

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Re: New Website

2013-07-17 Thread wacla...@btconnect.com
I would suggest a total re-design of the logo with its own identity. Or
no logo at all !

On 17/07/13 09:04, Jonathan H wrote:
 On Wed, Jul 17, 2013 at 1:20 AM, Square Penguin
 he...@squarepenguin.co.uk wrote:

 Use of Logo: That is get_iplayer's logo and always has been as far as I am
 aware. It is on the front page of this mailing list. If someone would like
 to do another one I'd be more than happy to use it, but if the BBC decides
 to go after get_iplayer, it won't be over the logo.
 That IS true that it's always been the logo, perhaps it's time for a change?

 Look at the two side by side:

 BBC Iplayer logo http://hotline.ccsinsight.com/_images-article/iPlayer.png
 Get_iplayer logo
 http://getiplayer.co.uk/wp-content/uploads/2013/06/get_iPlayer-Forums.jpg

 I'm not a legal expert but I am in business and I'd be fairly sure
 they could come after you. TC:

 http://www.bbc.co.uk/terms/business.shtml
 2.1.3 the names, images and logos identifying the BBC, its licensors
 or third parties and their products and services in BBC Online
 Services and/or BBC Content are subject to copyright, design rights
 and trade marks (registered and unregistered) of the BBC or any other
 relevant third party or licensor.

 http://www.bbc.co.uk/terms/additional_iplayer.shtml
 2.9   You do not have the right to use any BBC Content or BBC mark/logo
 on your device or elsewhere except as provided on BBC iPlayer or
 through the BBC iPlayer Download Application.

 But also, the Beeb have massively deep, almost bottomless pockets.
 They pissed away £1bn (that's £100,000,000) on a totally failed IT
 project, paid directors £tens of millions more than their contracts
 required, and have already spend £2m just on Newsnight:

 http://www.pressgazette.co.uk/bbc-reveal-full-cost-dropping-savile-story-annual-accounts-are-published
 The newsnight investigation cost £2.4 million which included £101,000
 to cover the legal and related costs of Helen Boaden who was heavily
 criticised in the report.

 To come after GIP would be a tiny drop in the ocean for BBC lawyers
 who will be on close to £5,000 *PER HOUR*. Can you afford that?

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Re: Re: New Website

2013-07-17 Thread Christopher Woods
One hundred mil is only a billion in the States ;) in civilised society, 
it's one thousand million.


Apologies for earlier confusion on my part re Radio Downloader allowing 
people to circumvent geo restrictions, I was thinking of Beebify... Amusing 
when you consider what likely popped into your inbox from them today!


Chris



On 17 July 2013 09:04:03 Jonathan H lardconce...@gmail.com wrote:

On Wed, Jul 17, 2013 at 1:20 AM, Square Penguin
he...@squarepenguin.co.uk wrote:

 Use of Logo: That is get_iplayer's logo and always has been as far as I am
 aware. It is on the front page of this mailing list. If someone would like
 to do another one I'd be more than happy to use it, but if the BBC decides
 to go after get_iplayer, it won't be over the logo.

That IS true that it's always been the logo, perhaps it's time for a change?

Look at the two side by side:

BBC Iplayer logo http://hotline.ccsinsight.com/_images-article/iPlayer.png
Get_iplayer logo
http://getiplayer.co.uk/wp-content/uploads/2013/06/get_iPlayer-Forums.jpg

I'm not a legal expert but I am in business and I'd be fairly sure
they could come after you. TC:

http://www.bbc.co.uk/terms/business.shtml
2.1.3   the names, images and logos identifying the BBC, its licensors
or third parties and their products and services in BBC Online
Services and/or BBC Content are subject to copyright, design rights
and trade marks (registered and unregistered) of the BBC or any other
relevant third party or licensor.

http://www.bbc.co.uk/terms/additional_iplayer.shtml
2.9 You do not have the right to use any BBC Content or BBC mark/logo
on your device or elsewhere except as provided on BBC iPlayer or
through the BBC iPlayer Download Application.

But also, the Beeb have massively deep, almost bottomless pockets.
They pissed away £1bn (that's £100,000,000) on a totally failed IT
project, paid directors £tens of millions more than their contracts
required, and have already spend £2m just on Newsnight:

http://www.pressgazette.co.uk/bbc-reveal-full-cost-dropping-savile-story-annual-accounts-are-published
The newsnight investigation cost £2.4 million which included £101,000
to cover the legal and related costs of Helen Boaden who was heavily
criticised in the report.

To come after GIP would be a tiny drop in the ocean for BBC lawyers
who will be on close to £5,000 *PER HOUR*. Can you afford that?

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Re: New Website

2013-07-17 Thread Xtra
With all due respect as a humble and grateful user of GIP - yes, you 
probably could comply with any of the BEEBs potential compliance 
requirements on your new website.


My simple point is that even if the FAQs and dissemination of GIP remains, 
you are still posing a risk of the BEEB reacting by making it impossible for 
the GIP program itself to function on their website.  A pyrrhic victory 
indeed - and to the detriment of the thousands of current legitimate users.


The expat users I agree, are already in a dodgy position, but a VPN is also 
increasingly used by many UK residents with privacy concerns.


I know that the issues are complex, but poking a hornets nest doesn't seem 
to be a hellava good way to sort them out...


Oldtimer43

***

-Original Message- 
From: Square Penguin

Sent: Wednesday, July 17, 2013 7:56 PM
To: get_iplayer@lists.infradead.org
Subject: Re: Re: New Website

The BBC can request the take down of the site and I'd make necessary
adjustments to address the concerns and put it back up. I'm happy to
address them before it gets to that stage.

However, that is going to have no effect of get_iplayer, the programme,
itself. I have simply created a site that mirrors already available
content and added a forum. I am not 'in charge' of get_iplayer or its
removal, no one is actually. It's open source, though we're lucky enough
to have a maintainer.

Rest assured, any move by the BBC against the site in order to remove
get_iplayer would be futile as I would have absolutely no way of
removing it. Further, all the content is available elsewhere, less the
forums, so it wouldn't be a particularly effective move if they wished
to limit access to info either.

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Re: New Website

2013-07-17 Thread michael norman

On 17/07/13 09:22, Square Penguin wrote:
I appreciate that you are able to recognise the emotional nature of 
your reaction.


Logo: I may need to make this point again - I didn't make the logo. 
It's from Phil Lewis' original site. It's still there now if you want 
to take a look. As I said, if someone provides a new one I'd be 
willing to use it, but is that going to be the concern of the BBC? It 
seems that the underlying point is that many here believe their use of 
get_iplayer to be illicit and it is much more logical and important to 
take steps to address that fact first.


Popularity/Visibility: I am sorry to break the news to people here but 
get_iplayer is popular and visible. This mailing list is visible and 
easy to find, new users find it almost everyday and countless numbers 
find and use the programme every day too. No doubt the BBC is very 
well aware of get_iplayer hitting its servers and has a clear idea of 
how large it is. The 'visibility' ship has sailed.


The implied sentiment (one you are not necessarily making but others 
are) that new users should be discouraged so that the old timers can 
continue to enjoy the spoils is, frankly, repellent. get_iplayer is a 
free (in all senses) and open source tool created for everyone to use. 
Respecting that, and the BBC's usage terms, is at the core of its use.


I accept that people react to change, most can't accept it. I will NOT 
accept that new users should be discouraged and get_iplayer hidden 
away. That is a fundamental point of principle that goes to the heart 
of open source software and my position on that is immovable.






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And you are prepared to override the concerns expressed here because of 
your interpretation of  the principles of what you call open source 
software and to impugn the motives of those who have raised what I 
think are very reasonable concerns about your actions ?


Was there discussion anywhere of what you were intending to do before 
you did it ?  If not how does that equate with the principles of open 
source software ?


In terms of what is not acceptable I DO NOT ACCEPT your right to put a 
project at risk because or your perception of the needs of existing and 
new users.


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Re: New Website

2013-07-17 Thread YellowYeti
I'd agree with the point about the logo, even though it's been around a 
long time, it feels like the kind of thing that the BBC could get shirty 
about - especially on a web page that looks professional ( In the sense 
of looking good, rather than looking like it's asking for money!) 
Unfortunately my artistic skills are rather limited.


For the rest of it, I'd say you address these points pretty well in the 
FAQ - i.e. that get_iplayer has /the same/ geographical limitations as 
the BBC site, and that it does not circumvent DRM.


I think you should stamp on any discussions in the forums that attempt 
to talk about subverting the limitations that the BBC imposes, make it 
clear that it's a 'helper application' for their existing website, 
rather than anything subversive.


Something in the FAQ that re-iterates the message you posted here, and a 
prominent message in the forums ( and some policing ) perhaps?


And after all that - lovely web page, should be really useful.


On 17/07/2013 09:22, Square Penguin wrote:
I appreciate that you are able to recognise the emotional nature of 
your reaction.


Logo: I may need to make this point again - I didn't make the logo. 
It's from Phil Lewis' original site. It's still there now if you want 
to take a look. As I said, if someone provides a new one I'd be 
willing to use it, but is that going to be the concern of the BBC? It 
seems that the underlying point is that many here believe their use of 
get_iplayer to be illicit and it is much more logical and important to 
take steps to address that fact first.


Popularity/Visibility: I am sorry to break the news to people here but 
get_iplayer is popular and visible. This mailing list is visible and 
easy to find, new users find it almost everyday and countless numbers 
find and use the programme every day too. No doubt the BBC is very 
well aware of get_iplayer hitting its servers and has a clear idea of 
how large it is. The 'visibility' ship has sailed.


The implied sentiment (one you are not necessarily making but others 
are) that new users should be discouraged so that the old timers can 
continue to enjoy the spoils is, frankly, repellent. get_iplayer is a 
free (in all senses) and open source tool created for everyone to use. 
Respecting that, and the BBC's usage terms, is at the core of its use.


I accept that people react to change, most can't accept it. I will NOT 
accept that new users should be discouraged and get_iplayer hidden 
away. That is a fundamental point of principle that goes to the heart 
of open source software and my position on that is immovable.






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Re: New Website

2013-07-17 Thread TQ


 On 17 July 2013 at 09:49 michael norman michaeltnor...@gmail.com
 wrote:

 In terms of what is not acceptable I DO NOT ACCEPT your right to put a
 project at risk because or your perception of the needs of existing
 and
 new users.

Well said, that man.

--
TQ via webmail

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Re: New Website

2013-07-17 Thread michael norman

On 17/07/13 10:01, Square Penguin wrote:
I discussed the matter directly with get_iplayer's maintainer, who is 
fully on board.
It has struck me throughout this discussion that he has not said so, 
unless I have missed something.


I have already said I am prepared to use another logo and use another 
URL if the community truly believes that will make a difference.
I repeat what I said before, that the community should have been asked 
before the event, and I have no evidence that you did so.


But I will be providing the guides for people. That won't change.


I found your guide most useful and was grateful for it.


The project is not at risk through any action of mine, it is at risk 
through its very nature. I am simply mirroring content that is widely 
available. Even the logo.
I for one think that there is enough evidence from posts to this list 
that a number of people think that the project may be at risk through 
actions of yours


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Re: New Website

2013-07-17 Thread Christopher Woods
 I have already said I am prepared to use another logo and use another
 URL if the community truly believes that will make a difference.
 I repeat what I said before, that the community should have been asked
 before the event, and I have no evidence that you did so.

The logo is, as the Yanks say, confusingly similar -- it incorporates
the stylised i play icon device and uses an identical shade of pink
plus echoes the instantly recognisable BBC blocks, right down to spacing.
It's dangerously close to attracting the wrong kind of attention.


 The project is not at risk through any action of mine, it is at risk
 through its very nature. I am simply mirroring content that is widely
 available. Even the logo.
 I for one think that there is enough evidence from posts to this list
 that a number of people think that the project may be at risk through
 actions of yours.

I believe a few people have tried that defence when being sued for sharing
MP3s which were already widely available elsewhere, it didn't go down so
well in court. Even if you didn't originate the logo, it's still arguably
infringing and worthy of a CD -- and with a .co.uk domain, you are an
easy target.


 Jonathan H. wrote:
 Well, was it spam? I've not heard of Beebify before; when I clicked
 the link I saw a very easy one-click method of downloading a working
 wmv copy of a BBC programme.

 Spam is disruptive unsolicited commercial electronic mail messages
 simultaneously to a number of e-mail addresses.

 For me, this was a useful message posted to an appropriate list in
 which there had been recent discussions about difficulties downloading
 certain programmes.

 AFAIAC, any extra method that works is welcome.

 I think we may have different definitions of spam :)

Sent from a no-reply address: spam
Sent without opt in (at least for me): spam
Commercial advertising on a private mailing list, hijacking its subscriber
list: spam

It's unwelcome and unwanted. The important distinction here also is that
Beebify is willingly and intentionally providing a method for accessing
georestricted, DRMed content to those who do not have rights to do so.

I've use GIP for many years and love it. It continues to exist in part
because of the community support and the BBC's tacit acknowledgment that
it is for the licence payer community.


Beebify is a different kind of beast and it is prudent for the GIP guides
and the GIP project to continue to distance themselves from it. Critically
Beebify actively seeks to profit from other people's IP (massive no-no)
through its own subscription model:

 As a kindness to infrequent BBC-TV viewers, acquiring one PlayRights
per day is free.  Or subscribe for unlimited use.

Oh, and this:

 Watching TV used to be a shared social experience, and our hope is
 that Beebify with its simple downloading will encourage viewers to
 form groups where files downloaded by one person are then shared
 locally - thus considerably reducing bandwidth for the BBC servers and
 for viewers' own Internet pathway.

Where to start, really... Perhaps he's already invited the crack team of
IP lawyers round for preemptive tea, biscuits and a group viewing of the
White Queen to appease them prior to lawsuits?


From an earlier message to this list in March:
 Pair Beebify with Hola.org's (still in beta) free unBlocker for
 Windows, the promising new peer2peer network facilitating BBC access,
 and this is a very simple solution to downloading and watching BBC
 shows from anywhere in the world.

P2P proxy mechanism for circumventing georestrictions on accessing and
searching available content: check

 The server side of Beebify's architecture was designed on the pemise
 that it must access the BBC servers in the same manner as any other
 user, giving the BBC the option of blocking every one of its users
 including Beebify - or blocking no one.

Infringing the GPL: check
(https://github.com/dinkypumpkin/get_iplayer/blob/master/LICENSE.txt)

 The website (client) side of Beebify respects the shortcomings of
 BBC's DRM system by allowing the easily downloaded files to be played
 in Windows Media Player from anywhere in the world - by utilising
 Hola.org's unBlocker, another proxy or a VPN solution.  Important in
 the design was making Beebify simple enough for a computer novice to
 use.

Further circumvention of DRM, contravening iPlayer terms of service: check


Beebify's developer might as well stand outside NBH with a massive I
allow the world to infringe the BBC's intellectual property rights,
WHATCHAGONNADOABOUTIT? poster.


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Re: Re: New Website

2013-07-17 Thread Square Penguin
TBH I had reservations about the logo before launching the site and I 
hear the concerns raised here.


As a result, I have replaced it with the worlds worst logo ever. But 
it'll do for now and it site specific, signifying that the site is the 
get_iplayer forum site and not get_iplayer itself.


I believe someone was concerned of a 'control grab', whatever that is, 
so now there is a little distinction.


The URL would take longer and is still perhaps questionable as 'iplayer' 
is in the software name, but I'm willing to shift it to 
squarepenguin.co.uk to make people feel better.






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Re: Re: New Website

2013-07-17 Thread Mark Rogers
On 17 July 2013 09:22, Square Penguin he...@squarepenguin.co.uk 
mailto:he...@squarepenguin.co.uk wrote:


   The implied sentiment (one you are not necessarily making but others are)
   that new users should be discouraged so that the old timers can continue
   to enjoy the spoils is, frankly, repellent. get_iplayer is a free (in all
   senses) and open source tool created for everyone to use. Respecting that,
   and the BBC's usage terms, is at the core of its use.


Sadly, I was initially guilty of this sentiment, although I recognised it and 
came to the same conclusion: making it hard for people to use just because I 
am able to use it (and somehow that might protect a tool I use from attack) is 
unfair on others.


GiP should do everything it can to be a legitimate alternative to the 
official tools, at least in spirit if not fully matching the BBC T's  C's. 
The BBC should recognise the demand for such a tool, and I'd even go so far as 
to say they should actively assist at a technical level where it would be 
useful (eg in terms of documentation or improvements to APIs), or at the very 
least not discourage capable BBC staff from contributing to what is a valuable 
open source tool. I have no idea what official position the BBC has on GiP (if 
any) but given the money it can apparently spend on software development 
without getting anywhere it should embrace FOSS wholeheartedly. The BBC isn't 
just a supplier to me as a UK citizen but it is part owned by me as a 
licence payer too.


However, whatever the bureaucratic issues at the BBC, limiting access to the 
tool to techies so that I might be able to continue to use it for longer is 
just not a fair solution.


I agree with others that changing the domain and logo would be no bad thing 
but the basic idea of providing useful information about a useful tool to a 
wider audience is the baby that should not get thrown out with the bathwater.


Mark

--

Mark Rogers // More Solutions Ltd (Peterborough Office) // 0844 251 1450
Registered in England (0456 0902) @ 13 Clarke Rd, Milton Keynes, MK1 1LG


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Re: New Website

2013-07-17 Thread michael norman

On 17/07/13 11:06, Square Penguin wrote:
TBH I had reservations about the logo before launching the site and I 
hear the concerns raised here.

And your reservations were shared where exactly.


As a result, I have replaced it with the worlds worst logo ever. But 
it'll do for now and it site specific, signifying that the site is the

get_iplayer forum site and not get_iplayer itself.

Oh dear Mummy someone took my nice logo away I'll show them and put up 
something really horrid they won't like.


I believe someone was concerned of a 'control grab', whatever that is, 
so now there is a little distinction.


Who said that and where ?


The URL would take longer and is still perhaps questionable as 
'iplayer' is in the software name, but I'm willing to shift it to 
squarepenguin.co.uk to make people feel better.


How gracious of you.






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Re: New Website

2013-07-17 Thread David

When Sky or Virgin et al create a Set Top Box, they negotiate licensing
fees with the content providers.
Their subscription numbers are clearly known, and thus the 'reach' of
the media is clearly known, and for what duration. All of this is built
into the negotiated price for the content, and everybody is happy.

The moment a set top box's security is breached, there's a problem. The
content providers no longer have faith in the Sky / Virgin to limit the
distribution of the media and either a) Withdraw the content or b)
command higher feeds  or sometimes c) demand compensation.

Of course, they know some people will manage to breach the security or
facilitate copying in some way. But they are counted as negligible losses.
IF the perception of a loss (say via get_iplayer) changes, then the
content providers will ask the BBC to audit their systems and estimate
the usage of get_iplayer.
If the BBC can tell how many are using it, they'll most likely be asked
to patch the loopholes and stop its use.
If the BBC can't tell hoe many are using it, they'll definitely be asked
to patch the loopholes and stop its use.

There is no outcome where the content provider says ok, just leave it be.




The principle and intent of the site is absolute great making 
get_iplayer easier to use (it's still not easy for old timers!), and 
hopefully, via a few developers, improving the tool in functionality and 
maintainability.


I don't think (or I hope) nobody wants to keep get_iplayer as some 
secret toy for themselves.  I think it's a genuine concern that the 
'dream' of get_iplayer being widely used and even condoned / or 
duplicated by the BBC is a pipe dream.


Anything that puts their content at risk of being copied illegally is a 
risk, and results in lost revenue for them.
Anything that puts their partner's content at risk also puts them at 
risk of being held liable in whole or in part for losses.


We just don't want to lose get_iplayer, so some of us are wary of 
potential risk, however well intentioned.  Sadly it's like stepping 
through a minefield... the moment you touch a tripwire with the BEEB or 
a content provider, there's no stepping back from it.


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Re: New Website

2013-07-17 Thread Jeremy Nicoll - ml get_iplayer
michael norman michaeltnor...@gmail.com wrote:

On 17/07/13 11:06, Square Penguin wrote:
 TBH I had reservations about the logo before launching the site and I 
 hear the concerns raised here.
And your reservations were shared where exactly.

There's no reason why SP's reservations should have been shared anywhere.
And, with free, open-source software, any of us - or anyone else - is free
to do anything we like with it.  Nobody has to ask anyone's permission
first.

-- 
Jeremy Nicoll - my opinions are my own.

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Re: New Website

2013-07-17 Thread mccdav
re Mr Normans comments.

If it looks like a Troll and smells like a Troll ..

On 17. juli 2013, at 12:43, Jeremy Nicoll - ml get_iplayer 
jn.ml.gti...@wingsandbeaks.org.uk wrote:

michael norman michaeltnor...@gmail.com wrote:

 On 17/07/13 11:06, Square Penguin wrote:
 TBH I had reservations about the logo before launching the site and I 
 hear the concerns raised here.
 And your reservations were shared where exactly.

There's no reason why SP's reservations should have been shared anywhere.
And, with free, open-source software, any of us - or anyone else - is free
to do anything we like with it.  Nobody has to ask anyone's permission
first.

-- 
Jeremy Nicoll - my opinions are my own.

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Re: New Website

2013-07-17 Thread michael norman

On 17/07/13 11:43, Jeremy Nicoll - ml get_iplayer wrote:

michael norman michaeltnor...@gmail.com wrote:


On 17/07/13 11:06, Square Penguin wrote:

TBH I had reservations about the logo before launching the site and I
hear the concerns raised here.

And your reservations were shared where exactly.

There's no reason why SP's reservations should have been shared anywhere.
And, with free, open-source software, any of us - or anyone else - is free
to do anything we like with it.  Nobody has to ask anyone's permission
first.

Lets be clear here you are saying that anyone, anywhere has the right to 
do exactly what they like with free or opensource software without 
reference to any other individual anywhere ?


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Re: New Website

2013-07-17 Thread Christopher Woods

If the licence terms permit it, yes.



On 17 July 2013 11:58:58 michael norman michaeltnor...@gmail.com wrote:

On 17/07/13 11:43, Jeremy Nicoll - ml get_iplayer wrote:
 michael norman michaeltnor...@gmail.com wrote:

 On 17/07/13 11:06, Square Penguin wrote:
 TBH I had reservations about the logo before launching the site and I
 hear the concerns raised here.
 And your reservations were shared where exactly.
 There's no reason why SP's reservations should have been shared anywhere.
 And, with free, open-source software, any of us - or anyone else - is free
 to do anything we like with it.  Nobody has to ask anyone's permission
 first.

Lets be clear here you are saying that anyone, anywhere has the right to do 
exactly what they like with free or opensource software without reference 
to any other individual anywhere ?


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Re: New Website

2013-07-17 Thread Colin Law
On 17 July 2013 11:58, michael norman michaeltnor...@gmail.com wrote:
 On 17/07/13 11:43, Jeremy Nicoll - ml get_iplayer wrote:

 michael norman michaeltnor...@gmail.com wrote:

 On 17/07/13 11:06, Square Penguin wrote:

 TBH I had reservations about the logo before launching the site and I
 hear the concerns raised here.

 And your reservations were shared where exactly.

 There's no reason why SP's reservations should have been shared anywhere.
 And, with free, open-source software, any of us - or anyone else - is free
 to do anything we like with it.  Nobody has to ask anyone's permission
 first.

 Lets be clear here you are saying that anyone, anywhere has the right to do
 exactly what they like with free or opensource software without reference to
 any other individual anywhere ?

For their own use then basically yes.  However if they distribute the
software to others they must follow the terms of the license.  Of
course if they use the s/w to do something illegal or infringe someone
else's rights then that is a different matter.

Colin

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Re: New Website

2013-07-17 Thread michael norman



I think the question is this:

1) How can make iplayer easier to discuss?

Do you mean get_player and BBC iplayer both or just get_iplayer ?

2) How can we make it easier to download / find?
Assuming you mean get_player my latest google search gives me the old 
Linuxcentre link and SQ's guide.


Downloading and finding is not difficult from there. SQ's guide has all 
you need.


AFAIK most Linux distros have packages available SQ's guide and githead 
docs tell you about Windows.

3) How can we achieve the 1) and 2) without increasing risk?
If you accept the need for more discussion of get_iplayer other than 
this list then I suppose you set up a forum as SQ recommends.



4) What is an acceptable level of risk?


Don't do anything to raise the profile of get_iplayer to the extent that 
the BBCs lawyers get involved

5) What are the realistic risks? and what are overhyped risks?
6) What are the consequences of misjudging 5) ?

Your own posts have gone a long way to answering both.






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Re: New Website

2013-07-17 Thread Jeremy Nicoll - ml get_iplayer
David thebrilliantmist...@gmail.com wrote:


Some points:

1) Open Source does not mean free.
The two are often confused.

Absolutely, but the home page at http://getiplayer.co.uk/  explicitly says
that get_iplayer is both 'free' and 'open-source', so the distinction
doesn't matter here.

-- 
Jeremy Nicoll - my opinions are my own.

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Re: New Website

2013-07-16 Thread Christopher Woods
But with respect, GIP is not for the purposes of circumventing 
international copyright law, however dismal your country's television. I 
have the same complaints about a lot of UK telly!


If we explicitly or implicitly encourage the use of GIP to operate outside 
of copyright law, the whole thing will be taken away from us permanently.




On 17 July 2013 00:37:54 Xtra terryandshe...@xtra.co.nz wrote:

Please can I join in those GIP users urgently requesting that the new GIP
website change its provocative use of both the name and logo of the BBC?

The desire to help newbies with GIP is admirable and the website is
brilliant, but putting the entire project at risk of legal intervention is 
a potential disaster.

Have you all forgotten about Radiodownloader so soon?

As an expat, availability to the BBC is the only thing that saves my
sanity from the truly appalling lightweight crap that is free-to-air TV
here.  Even pay TV here is now going down the same gurgler..

Perhaps those actually in the UK don't realise the truly unique value of
advert free, quality programmes in todays world.

Please, please, take down the red flags before the Bull notices


OldTimer43







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Re: Re: New Website

2013-07-16 Thread Square Penguin

To address a few points:

iplayer in URL: There is nothing wrong with having 'iplayer' in the URL 
as far as I am aware. The site does not generate revenue (which is key) 
or seek to dilute the trademark. Legal precedent for this is well 
established. Check out 'ryan air sucks' for just one notable example 
that's still alive after 8+ years, if stagnant.


Use of Logo: That is get_iplayer's logo and always has been as far as I 
am aware. It is on the front page of this mailing list. If someone would 
like to do another one I'd be more than happy to use it, but if the BBC 
decides to go after get_iplayer, it won't be over the logo.


The name: get_iplayer is called get_iplayer. It has iplayer in the name. 
If we are concerned that the use of 'iplayer' is the reason the Beeb 
would shut it down, we should change the name of the software itself. 
Radio Downloader did not avoid takedown by avoiding the use of 'iplayer'.


Visibility of get_iplayer: The previous guide has seen thousands, 
actually tens of thousands of unique visitors and has been sat on the 
front page for months under very popular search terms such as 'iplayer 
guide'. Additionally, the software has been available for many many 
years and the Beeb is well aware of it. It's important to note that 
Radio Downloader didn't have any protection from takedown by 'hiding 
under a rock' and nor (logically) would get_iplayer.


I am happy to use the squarepenguin.co.uk URL and change the logo if 
someone provides one, but ask yourself if you think it would truly make 
any difference in light of Radio Downloader?


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RE: Re: New Website

2013-07-16 Thread George Branchflower
First time contribution here, but could I respectfully suggest that the
points made below, whilst theoretically arguable, would almost certainly be
ruinously expensive even to deploy in any sort of legal context.
(Declaration of interest: I am a lawyer, although not practising in IP)

Consequently, they afford only theoretical, rather than real, protection. 

In these matters, discretion may be the better part of valour...unless one
has particularly deep pockets.

-Original Message-
From: get_iplayer [mailto:get_iplayer-boun...@lists.infradead.org] On Behalf
Of Square Penguin
Sent: 17 July 2013 01:20
To: get_iplayer@lists.infradead.org
Subject: Re: Re: New Website

To address a few points:

iplayer in URL: There is nothing wrong with having 'iplayer' in the URL as
far as I am aware. The site does not generate revenue (which is key) or seek
to dilute the trademark. Legal precedent for this is well established. Check
out 'ryan air sucks' for just one notable example that's still alive after
8+ years, if stagnant.

Use of Logo: That is get_iplayer's logo and always has been as far as I am
aware. It is on the front page of this mailing list. If someone would like
to do another one I'd be more than happy to use it, but if the BBC decides
to go after get_iplayer, it won't be over the logo.

The name: get_iplayer is called get_iplayer. It has iplayer in the name. 
If we are concerned that the use of 'iplayer' is the reason the Beeb would
shut it down, we should change the name of the software itself. 
Radio Downloader did not avoid takedown by avoiding the use of 'iplayer'.

Visibility of get_iplayer: The previous guide has seen thousands, actually
tens of thousands of unique visitors and has been sat on the front page for
months under very popular search terms such as 'iplayer guide'.
Additionally, the software has been available for many many years and the
Beeb is well aware of it. It's important to note that Radio Downloader
didn't have any protection from takedown by 'hiding under a rock' and nor
(logically) would get_iplayer.

I am happy to use the squarepenguin.co.uk URL and change the logo if someone
provides one, but ask yourself if you think it would truly make any
difference in light of Radio Downloader?

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