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
Read more
Get our weekly email
Comments
We encourage anyone to comment, please consult the oD commenting guidelines if you have any questions.