My interview with Sean Daly at Groklaw went online this morning:
Q: Now, let's talk about DRM for a moment. It seems that the current situation the BBC finds itself in with the iPlayer is largely due to the choice to use DRM. My understanding is that without DRM, the rights holders of third-party producers of television programs which are leased to the BBC would withold their programs from online distribution. What do you think is the solution to this? Should those programs just be taken offline?
Becky Hogge: OK, so you're right to identify the problem; in fact you've got it in a nutshell. The BBC is having to negotiate with the people who own the rights in the programs that it broadcasts, because the BBC doesn't own all those rights. For a start, it's bound to use 25% of its commissioning budget to commission programs from independent producers, or "indies" as they're called in the industry. And those indies, most of them, keep the rights, and, like you say, lease them to the BBC for broadcast in a certain window.
Equally, some of the BBC content that the BBC produces itself has got all sorts of complicated rights issues associated with it. That's when the actors, and the cameramen, and all the people that go into it don't necessarily sign over all the rights to the BBC in perpetuity. So this is a really, really difficult problem for the BBC. But at the Open Rights Group, we think that the BBC needs to be tackling this problem head on. Because if it doesn't, it's going to keep having to use digital rights management. And digital rights management is slowly but surely going to eke away the way it can fulfill its public service remit.
This isn't just about a small group of Linux users who can't access iPlayer and are getting stroppy about it. Using DRM is going to push the BBC into more and more of a commercial environment. And what's more, DRM is always going to lead to the kind of platform neutrality issues that the BBC is experiencing now. If you think about it, Apple iTunes, which uses the Apple DRM, is already being accused of distorting the market by regulatory bodies inside the EU. And the BBC is always going to face these issues. Now, what it could do is it could start now to think creatively about how it's going to negotiate with indies and other rights holders in the future.
Read the interview in full here. This morning, I've been at the BBC Future Media and Technology building in White City, recording a podcast for BBC Backstage together with some of the technical team behind iPlayer and Mark Taylor from the Open Source Consortium. I'll post a link to that as soon as it's up.
Update: Here's the BBC Backstage podcast.