I've just watched the DRM podcast and I have to admit I was very
disappointed. It seemed to digress into a pie-in-the-sky discussion
about changing the licensing model and even changing the law, rather
than concentrating on how ineffective the proposed use of DRM would
actually be.

I was particularly concerned to see that someone (I believe it was
James) was allowed to get away with effectively claiming that existing
piracy requires the use of VHS, and that the requirement to _physically_
muck around with copying tapes meant that it could be dealt with
differently to online content. Also, PVR systems which record FTA
content and share it across the network were spoken of only
hypothetically, not as something which already exists in the shops as a
consumer product and/or is freely available in software form to run on a
general-purpose computer system _today_.

I think those two observations highlight the fact that the folks around
the table, and the BBC in general, seem to have missed the fundamental
point that the content we're talking about is _already_ freely available
on the computer. You don't even need to take your computer apart to plug
in a USB DVB receiver. Anyone who is inclined to do so can already
stream content straight to disk and make it available from there, either
over the network or by burning it to DVD and flogging it on the street
corner. It requires an outlay of about £15 to buy a DVB-T receiver --
which is less than many people pay per month for their Internet
connection, even if they _don't_ make a habit of downloading huge files
over it.

What's ironic about this is that the BBC have _fought_ for that DRM-free
status. They renegotiated their deal with BSkyB so that BBC content was
broadcast in the clear, and thus it _can_ be spooled straight to disk on
any computer with a standard DVB-s receiver, rather than tying us in to
using Sky equipment. So what's suddenly so different now?

James claimed, in his summary, that content owners "need to have" DRM.
That seems to be directly in conflict with the established facts, given
the past behaviour of the BBC in getting _rid_ of DRM on their satellite
broadcasts.

Not enough thought was given to the fact that DRM prevents fair use, and
legal licensed use of content. The BBC is a member of the Educational
Recording Agency, and its programmes may be recorded and used by various
educational licensees including schools and universities. Yet the
proposed DRM scheme would seek to prevent that perfectly legal use of
BBC content. Other things which the Copyright Act explicitly says do not
infringe copyright would also be "prevented".

I put quotes around the word "prevented" not only because it's so
trivial to record from the original broadcast, but also because these
DRM schemes have a long history of being broken. It was mentioned in the
podcast that the Windows Media scheme has already been broken twice, and
if the BBC were to start using it the motivation to crack it would
become even higher. But that's OK -- the BBC's own report said that it
doesn't matter if/when it gets broken, because people are naturally
law-abiding, and there is "no significant monetary risk" (page 91).

A few times, the point was made that geeks are already using bittorrent,
but "what about my father?". I think that's a good line of thought, but
let's apply it not to the geeks but to the pirates. The _pirates_ are
already capable of streaming DVB content straight to disk and abusing
it; what about the normal law-abiding citizen? The proposed use of DRM
just makes life harder for us without really doing anything to prevent
piracy. It's closing the stable door long after the horse has bolted. It
inconveniences genuine users, and is a highly inappropriate commercial
endorsement of a single company's products, for almost no benefit.

Brian, in his summary, claimed that "the development of the business
model is the real key here". In the context of the discussion at hand, I
think that's completely false; online content really doesn't change the
business model at all, especially given the cost of Internet bandwidth
-- that whole line of conversation was a red herring. When we talk about
making content available online, we're just talking about extending the
status quo so that not only the geeks and the pirates but also the
majority of normal people can participate. It's largely the
non-technical and law-abiding folks which we'd be bringing into the fold
-- there really is no need for new restrictions, and it's disingenuous
to suggest otherwise.

I could continue, but I feel I'd largely be repeating what I've already
said elsewhere, so I'm going to stop. I'd invite people to read the
article at http://www.advogato.org/article/918.html in which I was
slightly more eloquent about it.

The BBC is in a unique position here, and should be setting the trend
for the years to come; not playing sheep and following the lead which
others, like Apple, are already regretting.

People are moving towards viewing this kind of content on mobile devices
-- phones, media players and toys like the Nokia "Internet Tablet".
We're moving from a largely homogeneous environment in which Windows has
a large percentage of the market, to a diverse range of clients based on
open standards. Yet the BBC seems insistent on taking a retrograde step
by restricting the usability of its online content, for very little real
practical benefit. The proposed system not only violates the
long-standing tradition of commercial impartiality, but is also
inconsistent with other recent decisions regarding content availability.
I really do wonder what's going on behind the scenes.

-- 
dwmw2

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