BBC and DRM (Digital Rights Management) of HD broadcasts
Reported in The Guardian on 22nd December (see http://www.guardian.co.uk/technology/2009/dec/22/) the BBC is trying to 'sneak' Digital Rights Management into its future digitial High Definition transmissions by planning to encrypt the metadata in its broadcasts.
The Guardianis following up this story in relation to the future viability of open source software, but there are further potential ramifications.
In particular, such controls might limit the retention and future use by the public of copies of broadcasts (under the Section 70 exception of the Copyright Designs and Patents Act 1988) and/or by educational establishments (under the Section 35 exception, and related licences).
According to The Guardian piece:
"the BBC will encrypt a small, critical piece of the signal. To get a key to decrypt the scrambled data, you will need to sign onto an agreement governed by a consortium called the Digital Transmission Licensing Administrator (some of the agreement is public, but other parts are themselves under seal of confidentiality, which means that the public literally isn't allowed to know all the terms under which BBC signals will be licensed).
DTLA licenses a wide variety of devices to move, display, record, and make limited copies of video. Which programmes can be recorded, how many copies, how long recordings can last and other restrictions are set within the system. To receive a licence, manufacturers must promise to honour these restrictions. Manufacturers also must promise to design their devices so that they will not pass video onto unapproved or unlicenced devices – only DTLA-approved boxes can touch or manipulate or play the video."
The underlying concern is that, while various rights holders are pressing the BBC for this 'technical protection' in HD deliveries, it may also be applied to Standard Definition content. In the UK terms of contract take precedence over copyright exceptions, so the exception of Section 70, which allows members of the public to record off-air, may be over-ridden by this new contract term delivering technical protection.
For those who are interested in the business of digital broadcasting (and the freedom of the users/audience), it will be well worth keeping an eye on this story.
The Guardianis following up this story in relation to the future viability of open source software, but there are further potential ramifications.
In particular, such controls might limit the retention and future use by the public of copies of broadcasts (under the Section 70 exception of the Copyright Designs and Patents Act 1988) and/or by educational establishments (under the Section 35 exception, and related licences).
According to The Guardian piece:
"the BBC will encrypt a small, critical piece of the signal. To get a key to decrypt the scrambled data, you will need to sign onto an agreement governed by a consortium called the Digital Transmission Licensing Administrator (some of the agreement is public, but other parts are themselves under seal of confidentiality, which means that the public literally isn't allowed to know all the terms under which BBC signals will be licensed).
DTLA licenses a wide variety of devices to move, display, record, and make limited copies of video. Which programmes can be recorded, how many copies, how long recordings can last and other restrictions are set within the system. To receive a licence, manufacturers must promise to honour these restrictions. Manufacturers also must promise to design their devices so that they will not pass video onto unapproved or unlicenced devices – only DTLA-approved boxes can touch or manipulate or play the video."
The underlying concern is that, while various rights holders are pressing the BBC for this 'technical protection' in HD deliveries, it may also be applied to Standard Definition content. In the UK terms of contract take precedence over copyright exceptions, so the exception of Section 70, which allows members of the public to record off-air, may be over-ridden by this new contract term delivering technical protection.
For those who are interested in the business of digital broadcasting (and the freedom of the users/audience), it will be well worth keeping an eye on this story.
