legality

Jon Davies jon at hedgerows.org.uk
Tue Apr 5 05:00:45 EDT 2011


On 4 April 2011 17:34, Paul <ukkid35 at gmail.com> wrote:
> Surely one of the biggest distinctions made by the BBC is whether
> material is viewed 'on air' or 'on demand', after all that is the
> basis of the requirement to have a TV licence.

There's no point in having a discussion about what the BBC's terms
should be, just about what they are.  You have to remember that the
legality of what we do is determined by the terms that the BBC set for
access to their online services, together with English law (for users
in England/Wales and those outside the UK) and Scottish/Northern Irish
law for people who live there.

Apart from just one condition (personal use terms, 3.2.2) which
restates some of the requirements for having a TV licence, there's
nothing I can see in the terms which draws a distinction between 'on
air' and 'on demand' access.  So, I conclude, that no, the BBC does
not make any significant distinction of that sort.

IANAL

Jon



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