On 22-Jan-2010, at 18:55, Steffan Davies wrote:

> Oh, definitely. I wasn't saying that would be a good implementation,
> just that it might permit appliance makers to comply without having to
> reinvent the wheel entirely (which typically leads to square or
> triangular wheels).

To a point, yes, I agree.

But, it fundamentally alters the relationship between (content producers, 
distributors, broadcasters), standards bodies and manufacturers. Rather than 
standards bodies being in control (though responding to the needs of the 
industry) and the rest following, the former group are in control making use of 
holes deliberately left by the standards bodies (thanks to pressure from 
broadcasters) and the manufacturers are not only dictated to about how to 
receive broadcasts, but what a consumer can do with them subsequently. It’s one 
thing doing this with Sky or Virgin, but where we’re talking about 
licence-funded terrestrial TV, it's a different proposition altogether (I’m 
still rather unhappy that Freesat somehow didn’t require regulatory approval 
before implementing this same scheme, but then its marketshare is particularly 
minority-levels).

There is a workaround, of sorts: perhaps it should be proposed that a TV 
Licence grants immunity from any legal action (or future “notification system”) 
relating to downloading illicitly-shared copyright material which has been 
broadcast free-to-air in this country within the last seven days (similar to 
the timeshifting exemption written into law at the moment).

I can’t see it happening somehow, and it wouldn’t achieve total parity, but 
it’s an interesting idea: if the scheme were to achieve anything like the 
results the distributors (publicly) believe it will, then there’d be nothing 
for consumers to download and the exemption would have zero net effect.

M.


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