legality

[Christopher Woods (CustomMade)]

> This might be interesting, but doesn't have anything to do 
> with the legality of get_iplayer.  We all agree that watching 
> BBC broadcasts, whether over the air or over the internet, 
> requires a TV licence, and that "on demand" content doesn't 
> require a licence.

Sorry, it went OT a little earlier so that was what that was all related to.
:-)

> The original question was about whether there's anything (in 
> either the BBC terms or the law) that makes *get_iplayer* illegal.

After some initial handwringing the Beeb now seems to take a fairly
hands-off approach to get_iplayer; as long as it's only used for
noncommercial purposes I don't really think they can complain given their
mandate is to provide access to as many people as possible irrespective of
platform but they only have so much in terms of resources to finance
universal accessibility. They only bring the gavel down where people have
attempted to make a few bob on the side utilising their content as the point
of interest (cf. the otherwise excellent myPlayer app on Windows Mobile -
the author was offering streaming of live TV transcoded through his own
servers for a subscription, and that was when the Beeb got heavyhanded).


As far as the iPlayer T&C document states,

3.1      How you may use BBC iPlayer

If you agree to comply with these Terms, the BBC grants you a non-exclusive
licence for your personal and non-commercial use to: 

    watch and listen to BBC Content online using BBC iPlayer; and
    install and use a BBC iPlayer Download Application on your computer or
other compatible device so that you can download, watch and listen to BBC
Content.

The "BBC iPlayer Download Application" is defined as a BBC-authorised piece
of software but the overriding message in all of their T&Cs is "personal and
non-commercial". IANAL. My view on this is with regards to the legality of
aspects or the whole of the software is that it's surpassed the point of no
return where they could easy stymy the project. Elements of get_iplayer are
used in too many programs now to execute a quiet and unnoticed kill order.
And it really wouldn't make the Beeb look good given that they've been
fairly supportive of noncommercial projects utilising BBC resources under
the Backstage licence. They've contradicted themselves in the past which was
what I believe partially made the original author stop his work on the
project - but today enough people use it to legitimately enjoy BBC content
that they would piss off some of their most vocal supporters in tech
circles. I think they're fairly tolerant of its use, they realise the
shortcomings of the Flash wrapper and the platform dependency it implies...
And the longer they quietly allow its use, the more the precedent is set for
them allowing its use without public complaint should its legality ever be
challenged in future.

They do state that should they not enforce a right against you, they may
exercise or enforce that right in other situations where you breach the
Terms. And, if any part is found to be ineffective by a court or regulator,
the other parts would continue to apply. I certainly don't think they're out
for blood, and attempts to prosecute people for get_iplayer use could be
potentially catastrophic from a PR perspective especially when they're
struggling more and more to justify the licence fee.

As an aside, I do love § 8.1:

8.1         The BBC's right to stop making BBC iPlayer available to you

The BBC reserves the right to stop making BBC iPlayer ... with immediate
effect and without notice if:

    in its sole opinion you are using the BBC Content, BBC iPlayer, a BBC
iPlayer Download Application and/or any other BBC service, inappropriately,
incompetently or in any way that may constitute derogatory treatment of the
BBC...


... Incompetence ban! :-D