legality

[Ian Stirling]

On 04/05/2011 12:19 PM, Christopher Woods (CustomMade) wrote:
>
>
>> -----Original Message-----
>> From: get_iplayer-bounces at lists.infradead.org
>> [mailto:get_iplayer-bounces at lists.infradead.org] On Behalf Of Ben Webb
>> Sent: 05 April 2011 11:32
>> To: get_iplayer at lists.infradead.org
>> Subject: Re: legality
>>
>> On 5 April 2011 11:11, Ian Stirling
>> <get_iplayer at mauve.plus.com>  wrote:
>>> You _do_not_ need a license to watch any other content.
>> Foreign TV you
>>> can pick up with a really big antenna, or content a licenced
>>> broadcaster provides in non-realtime ways.
>>
>> As far as I am aware you are correct about non-realtime
>> content (you can watch iPlayer on demand content without a tv
>> license for example), however, I was under the impression
>> thta watching foreign live content, whether using a big
>> antenna/satellite or streamed over the internet required a TV license.
>
> This was initially thought to be the case but Article 49 of the Treaty of
> Rome (as amended) which enshrines free provision of intra-EU state services,
> including telly. BBCRefuseniks[1] has this to say:


The previous legislation which I chased up - the wireless telegraphy act 
of 1949 (as amended) - specifically defines a 'television programme
service', as one that is licenced under the 'television  broadcasters 
act' (not the real title), so that makes it all crystal clear that 
foreign stations can never be covered.
The 'recent' - 2003 - I looked this up in 2004 and it may not have been
in the sources I was using - legislation does not specifically cite that
act, it just defines a TV as receiving a television programme service.