Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread David Tomlinson

Mo McRoberts wrote:



Without the Canvas UX, you're not permitted to access any Canvas content.



4.62.

Further, the Trust understood that, since the core technical 
specification for Canvas would be published, it would be open to 
manufacturers and platform operators either to adopt the Canvas core 
technical specification and the UI or (if they preferred) to develop 
their own UI with the Canvas core technical specification.


4.72.
One stakeholder asked for clarification as to whether fair, reasonable 
and non-discriminatory access would be available to all industry 
operators - that is including manufacturers, not just platform 
operators. The Trust confirms that its understanding of the open nature 
of the core technical specification is such that it shall be available 
to all industry operators including manufacturers. The Trust expects the 
fair, reasonable and non-discriminatory principle to apply to all those 
seeking to license the core technical specification.


4.74.
Approval is made on the understanding that the Canvas joint venture will 
be governed by the following principles:


* the Canvas core technical specification will be made available to 
third parties on a fair, reasonable and non-discriminatory basis; and


http://www.bbc.co.uk/bbctrust/assets/files/pdf/our_work/canvas/canvas_conclusions.pdf

I am still reading the above document.
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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread Mo McRoberts
On Wed, Jun 30, 2010 at 11:56, David Tomlinson
d.tomlin...@tiscali.co.uk wrote:

 Without the Canvas UX, you're not permitted to access any Canvas content.

 That is, you can run a completely separate system based on the Canvas
 specs, but unless you implement the Canvas UX, you can't access the
 content the Canvas JV partners supply to the real Canvas system.


 1.20.
 This approval is given subject to the free-to-air principle, that users
 will always be able to access Canvas free to air,

The Approval Document _specifically_ covers, in several places, the
mandated UX requirement.

(Admittedly, it covers it by way of yes, we're aware there are lots
of objections to this, but we think it's fine. go take a hike., but
the point stands: the mandated UX is part of the approval).

 1.24

 the joint venture may develop ways in which to recover operational costs
 but, for the avoidance of doubt, any such activity will be charged to third
 parties on a cost recovery basis only;

 entry controls in terms of technical and content standards will be minimal;

 access will not be bundled with other products or services; and

you're misunderstanding. that's entry controls for *content providers*.

 Assuming that as an individual you pay the relevant cost recovery (zero for
 iplayer) it would appear to be anti-competitive (illegal and against BBC
 policy) to restrict access to the Canvas UX, and also defeat the purpose of
 publishing the specification.

well, you're muddling content provider and consumer conditions, but
essentially, yes: the mandated UX is bonkers. there are better ways to
achieve the same goals (which weren't particularly well-stated at any
stage of the process, incidentally).

the mandated UX was my primary objection to Canvas (and indeed, apart
from the shockingly bad consultation process, if it weren't an issue,
I probably wouldn't have objected - repeatedly - in the first place).

 I would not be in the slightest bit surprised if the only way to get
 at the specs is via the DTG -- that hasn't been confirmed yet, but
 there's been little to suggest otherwise to date.


 I would, my expectation is that the specifications will be public.
 The BBC has legal obligations to make it's services available to the public
 and not to behave in an anti-competitive manner.

 Associate membership of the DTG is a possibility (insufficient detail
 available) but as I have stated, I do not expect this to be necessary.

You're entitled to your expectation, but I think you're being
incredibly optimistic.

M.
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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread Alex Cockell
Yeah, but would that include the Mythtv project and other open source projects? 
Would the Linux community be able to build their own gear? And have access to 
everything? 

For instance, will there be scope for, say, a Canvas pvr to save out to a NAS 
frame on the local network?

I don't renmember having to find 5 grand to look at the PAL definition...
 

- Original message -
 Mo McRoberts wrote:
 
  
  Without the Canvas UX, you're not permitted to access any Canvas
  content.
  
 
 4.62.
 
 Further, the Trust understood that, since the core technical 
 specification for Canvas would be published, it would be open to 
 manufacturers and platform operators either to adopt the Canvas core 
 technical specification and the UI or (if they preferred) to develop 
 their own UI with the Canvas core technical specification.
 
 4.72.
 One stakeholder asked for clarification as to whether fair, reasonable 
 and non-discriminatory access would be available to all industry 
 operators - that is including manufacturers, not just platform 
 operators. The Trust confirms that its understanding of the open nature 
 of the core technical specification is such that it shall be available 
 to all industry operators including manufacturers. The Trust expects the 
 fair, reasonable and non-discriminatory principle to apply to all those 
 seeking to license the core technical specification.
 
 4.74.
 Approval is made on the understanding that the Canvas joint venture will 
 be governed by the following principles:
 
 * the Canvas core technical specification will be made available to 
 third parties on a fair, reasonable and non-discriminatory basis; and
 
 http://www.bbc.co.uk/bbctrust/assets/files/pdf/our_work/canvas/canvas_conclusions.pdf
 
 I am still reading the above document.
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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread David Tomlinson

Alex Cockell wrote:
Yeah, but would that include the Mythtv project and other open source 
projects? Would the Linux community be able to build their own gear? And 
have access to everything?




Yes. you might even get access to the Canvas UI if you request it.

It is a legal obligation for the BBC (and other public service 
broadcasters) to make it's services available to the public and act in a 
non-discriminatory way to all third parties (in my view).



See sections 4.62, 4.72 and 4.74
http://www.bbc.co.uk/bbctrust/assets/files/pdf/our_work/canvas/canvas_conclusions.pdf

I think this is sufficient to require the specification to be public.
Mo disagrees, we will know for certain in less than 20 days time.


For instance, will there be scope for, say, a Canvas pvr to save out to 
a NAS frame on the local network?




There is no (longer) any method of enforcing the standard (No NDA) 
outside reasonable conditions to access to the server (compliance with 
protocols), if you wish (the software) to ignore the content 
restrictions, then you can, interface with NAS, blu-ray writer (ignoring 
the copy flag), or any other media or device.



 I don't renmember having to find 5 grand to look at the PAL
 definition...

You should not be required to join any organisation this time.
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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread Mo McRoberts
On Wed, Jun 30, 2010 at 14:03, David Tomlinson
d.tomlin...@tiscali.co.uk wrote:

 It is a legal obligation for the BBC (and other public service broadcasters)
 to make it's services available to the public and act in a
 non-discriminatory way to all third parties (in my view).
^

In *your* view, based upon your reading of the obligations handed down
to the corporation. If only it were ever that easy.

the fact is, the BBC considers the DTG to be a non-partisan
organisation, and so (despite the exorbitant costs of membership) very
likely considers it to be a satisfactory vehicle as far as
'non-discriminatory' is concerned.

an entirely artificial cost barrier is not generally deemed to be
'discriminating' by the BBC, even if in real terms it actually is.

 See sections 4.62, 4.72 and 4.74
 http://www.bbc.co.uk/bbctrust/assets/files/pdf/our_work/canvas/canvas_conclusions.pdf

 I think this is sufficient to require the specification to be public.
 Mo disagrees, we will know for certain in less than 20 days time.

actually, no: it's not that I disagree. I'd be over the moon if you were right.

I don't think the BBC agrees with you, though.

M.
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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread David Tomlinson

Mo McRoberts wrote:

On Wed, Jun 30, 2010 at 14:03, David Tomlinson
d.tomlin...@tiscali.co.uk wrote:


It is a legal obligation for the BBC (and other public service broadcasters)
to make it's services available to the public and act in a
non-discriminatory way to all third parties (in my view).

^

In *your* view, based upon your reading of the obligations handed down
to the corporation. If only it were ever that easy.


The BBC has to be careful of it's legal obligations.

I think the context has changed.

The BBC was under pressure to lock down the specification to ensure all
TV receiving equipment implemented content protection. This encountered
unanticipated legal complications, so the pressure for lock down is removed.

The BBC can therefore be much more 'open' with the core specification.
(and even the UX).


the fact is, the BBC considers the DTG to be a non-partisan
organisation, and so (despite the exorbitant costs of membership) very
likely considers it to be a satisfactory vehicle as far as
'non-discriminatory' is concerned.



As project Canvas already releases information (and has provided a 
schedule for further releases) to the industry for peer-review, why the 
requirement to publish the specification within 20 days of approval.


http://www.projectcanvas.info/index.cfm/news/?mode=aliasalias=Project-Canvas-releases-further-information-to-industry-on-technical-specifications


Peer review is different from publishing the interim or final standards. 
The D-Book is only available to full members (of the DTG).


http://www.dtg.org.uk/publications/books.html


an entirely artificial cost barrier is not generally deemed to be
'discriminating' by the BBC, even if in real terms it actually is.


See sections 4.62, 4.72 and 4.74
http://www.bbc.co.uk/bbctrust/assets/files/pdf/our_work/canvas/canvas_conclusions.pdf

I think this is sufficient to require the specification to be public.
Mo disagrees, we will know for certain in less than 20 days time.


actually, no: it's not that I disagree. I'd be over the moon if you were right.

I don't think the BBC agrees with you, though.


I may be reading too much into sections: 4.62, 4.72 and 4.74.
But I would expect an 'open' core standard to be open and available to 
the public and for this to be the BBC's intention.


The costs of publishing a specification (as a text document or pdf) on a
web site are low, comparable with the costs associated with handling
individual complaints, about discrimination and lack of access.

p.s
As you are aware I am not actively involved in Digital Television 
development. I am not a legal expert and cannot give formal legal advice.


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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread Ian Stirling

David Tomlinson wrote:

The costs of publishing a specification (as a text document or pdf) on a
web site are low, comparable with the costs associated with handling
individual complaints, about discrimination and lack of access.



Earlier there was mention made of a 'cost recovery'.

The incremental costs of publishing am individual text document are of 
course close to zero. (arguably exactly zero, possibly, for the case of 
the BBC)


However - would 'cost recovery' also include the recovery of the cost of 
development of the platform?

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Re: [backstage] BBC Trust approves Project Canvas ...

2010-06-30 Thread David Tomlinson

Ian Stirling wrote:



Earlier there was mention made of a 'cost recovery'.


Cost recovery does not apply to distribution through the DTG.

It would appear to be perverse to apply any cost recovery to a document 
distributed to the public over the internet.


Development cost estimate:  Twenty four point seven million pounds over 
five years (24.7 million).


I suspect cost recovery, of operational and development, costs would 
apply to content.


This would appear to be zero for the BBC, as iplayer will have zero 
usage cost (the BBC is publicly funded). It may involve advertising for 
other free-to-air broadcasters.


The purpose of the cost recovery clause appears to be, to prevent 
members from profiting from Canvas content distribution, while avoiding 
a loss.


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