Dear Sir Michael,

We write in connection with the BBC’s current application to Ofcom to vary the terms of its licence for its HDTV service by encrypting signals using DRM (Digital Rights Management). We have written separately to Ofcom to oppose this proposal but write to you now because we believe it raises several important issues for the BBC Trust.

First, and procedurally, the BBC management’s application to Ofcom raises the question (interestingly identified by Diana Coyle and Chris Woolard in their book for the Trust, 'Public Value in Practice') whether a new application should be made to the Trust, analogous to that for the “bookmarking” function of the iPlayer. We believe that the encryption proposal is so fundamental a change from the original HDTV proposal, and one which raises such fundamental issues for the BBC, that it should be the subject of a new Public Value Test. You will be aware that DRM is a kind of encrypted digital lock used to control access to digital files and signals.  In order to access the BBC HD signal a viewer will require equipment containing the relevant decryption key.

Second, and substantively, the proposal to encrypt the HDTV signal using DRM breaks the clear and, seemingly unequivocal, undertaking made in the BBC’s Building Public Value (published in 2004), and underwritten by the last Chairman of the BBC Governors, Mr Michael Grade, that the BBC would not encrypt its services. Building Public Value stated (p 10) that “the BBC will always be on the side of universal provision, open access and unencryption”.

Third, and also substantively, the proposals to use DRM in the BBC’s HDTV signals breaks from the Trust’s policy, stated (at p 9) in the PVT authorisation of the HDTV proposal, that “Any move from the currently proposed HD standards on picture resolution should not disadvantage consumers who invest in HD equipment which meets the current standards”.

We believe that implementation of the proposals currently before Ofcom will have the effect of disadvantaging viewers who already have bought an integrated HD receiver (TV) and who have a separate PVR (personal video recorder). It appears that the DRM proposed will permit recording only when the PVR is "integrated" with the HD receiver. It appears that the regime proposed will require purchase of a new PVR and the use of that tuner, rather than the one in the TV. This, we believe, not only breaks with the terms on which the Trust has authorised the BBC’s HDTV service but also sets an important, and very unfortunate, precedent whereby the interests of rights holders (and if the BBC's Strategy Review is to be believed, the interests of, at most the suppliers of 2.5% of BBC spend) are prioritised over the interests of UK viewers and licence fee payers.

We therefore urge the Trust to undertake a new PVT in respect of the HDTV proposals which are currently before Ofcom and which we believe depart radically from the terms of the authorisation you earlier granted, break with the undertakings made in 2004 in Building Public Value and undesirably and disproportionately prefer the interests of rights holders over those of licence fee payers.

A fuller statement of our analysis is to be found in our evidence to Ofcom at http://www.ofcom.org.uk/consult/condocs/content_mngt/responses/a-e/Blaine_Price.pdf Please contact Blaine Price ([email protected]) and/or Ray Corrigan ([email protected]) in the first instance should you wish to respond or seek more information in respect of this letter.

Disclaimer: The views expressed are those of the undersigned and do not necessarily reflect those of the Open University.

Yours sincerely,

John Naughton

Professor of the Public Understanding of Technology

Blaine Price

Senior Lecturer in Computing

Ray Corrigan

Senior Lecturer in Technology

Marian Petre

Professor in Computing

Anthony Meehan

Senior Lecturer in Computing

Arosha Bandara

Lecturer in Computing

Mustafa Ali

Lecturer in Computing

Simon Holland

Senior Lecturer in Computing

Mike Richards

Lecturer in Computing

Steve Walker

Lecturer and Staff Tutor in Maths Computing and Technology

Linda Price

Senior Lecturer in Educational Technology

Chris Bissell

Professor in Telematics

Richard Collins

Professor of Media Studies

Ivan Horrocks

Senior Lecturer in Technology Management

A.B.Lane

Professor of Environmental Systems

David Butts

Senior Lecturer and Staff Tutor in Technology

Shailey Minocha

Reader in Computing

Kevin Collins

Lecturer in Systems and Environment

Jacky Crook

Staff Tutor in Technology, Open University in Scotland

Mirabelle Walker

Lecturer in Communication and Systems

Martin Reynolds

Lecturer in Systems and Environment

Bashar Nuseibeh

Professor in Computing

Linda Robson

Lecturer and Staff Tutor in Maths Computing and Technology

Michel Wermelinger

Senior Lecturer in Computing

Malcolm Jones

Staff Tutor and Lecturer in Technology

Tom Denton

Technology Staff Tutor

Tony Nixon

Senior Lecturer in Information Systems

Doug Clow

Lecturer in Interactive Systems Development

Bernie Clark

Senior Lecturer in Communication and Systems

Martin Weller

Professor of Educational Technology

Roger Jones

Lecturer in Telematics

Neil Smith

Lecturer in Computing

Godfrey Boyle

Professor of Renewable Energy

Magnus Ramage

Lecturer in Communication and Systems

Steven Self

Lecturer in Computing

Alistair Willis

Lecturer in Computing

Adrian Jackson

Staff Tutor in Computing

Janet van der Linden

Senior Lecturer in Computing

Panagiota Alevizou

OLnet Researcher in Institute of Educational Technology

Karen Shipp

Lecturer in Information Systems

Pat Allen

Staff Tutor in Computing

Martin Le Voi

Senior Lecturer in Psychology

Nick Dalton

Lecturer in Computing

Paul Marshall

Research Fellow in Computing

Kevin Waugh

Lecturer in Computing

Shirley Northover

Lecturer in Technology

Roger Spear

Senior Lecturer in Systems

Marc Eisenstadt

Emeritus Professor of Artificial Intelligence