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BBC stance on Freeview HD DRM

Ray Corrigan made this Freedom of Information request to British Broadcasting Corporation

The request was partially successful.

From: Ray Corrigan

6 June 2011

Dear British Broadcasting Corporation,

I would like to make a freedom of information request for full and
complete copies of all the BBC communications with Ofcom relating
to the Ofcom consultation 'Content management on the HD Freeview
platform' (Start date: 22 January 2010, End date: 02 April 2010).

In particular could you send me:

(a) A full copy, including the redacted sections noted on page 1
and 7, of the 'BBC response to Ofcom consultation of 22 January
2010'
http://stakeholders.ofcom.org.uk/binarie...

(b) A copy of the BBC submission to Ofcom of 8 December 2009 on
this same matter

Yours faithfully,

Ray Corrigan

Link to this

From: FOI Enquiries
British Broadcasting Corporation

7 June 2011

Dear Ray

Thank you for your request for information under the Freedom of
Information Act 2000, about communications with OFCOM relating to the
consultation on content management on the HD Freeview platform which was
received on 6th June 2011. We shall deal with your request as promptly
as possible and, at the latest, within 20 working days. If you have any
queries about your request please contact us at the address below.

The reference number for your request is RFI20110637.

Kind regards

BBC Information Policy and Compliance

BBC Freedom of Information
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

show quoted sections

Link to this

From: Ray Corrigan

5 July 2011

Dear BBC FOI Enquiries,

Just a reminder that following your 7 June 2011 acknowlegement of
my 6 June 2011 freedom of information request relating to the 'BBC
stance on Freeview HD DRM' I had been hoping to receive a
substantive response by 5th July.

The reference number for my request is RFI20110637.

Yours sincerely,

Ray Corrigan

Link to this

From: FOI Enquiries
British Broadcasting Corporation

5 July 2011

Dear Mr Corrigan,

We apologise for the delay in responding to your request. We are in the
process of finalising our response and we hope to be able to provide you
with it before the end of this week. If we are unable to do so, we will
write again to update you.

Kind regards

Rachael Ward
Adviser, Information Policy and Compliance

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883 Fax: 020 8008 2398

show quoted sections

Link to this

From: FOI Enquiries
British Broadcasting Corporation

8 July 2011

Attachment RFI20110637 final response.pdf
97K Download View as HTML

Attachment A3.pdf
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Attachment A4b.pdf
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Attachment A2.pdf
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Attachment J13.pdf
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Attachment J12a.pdf
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Attachment J12b.pdf
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Attachment J11.pdf
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Attachment J3a.pdf
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Attachment J3b.pdf
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Attachment J3c.pdf
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Attachment J2a.pdf
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Attachment J2b.pdf
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Attachment J2c.pdf
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Attachment J2d.pdf
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Attachment J1a.pdf
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Attachment J1b.pdf
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Attachment J1c.pdf
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Attachment J1d.pdf
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Attachment G1.pdf
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Attachment G2.pdf
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Attachment J18.pdf
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Attachment J10b.pdf
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Attachment J10c.pdf
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Attachment J9a.pdf
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Attachment J9b.pdf
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Attachment J17.pdf
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Attachment J8a.pdf
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Attachment J6.pdf
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Attachment A1a.pdf
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Attachment A1b.pdf
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Attachment J5.pdf
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Dear Mr Corrigan

Please find attached the response to your request for information under
the Freedom of Information Act. We hope you will accept our apologies for
the delay in providing this information to you.

<<RFI20110637 - final response.pdf>>
<<A3.pdf>> <<A4b.pdf>> <<A2.pdf>> <<J13.pdf>> <<J12a.pdf>> <<J12b.pdf>>
<<J11.pdf>> <<J3a.pdf>> <<J3b.pdf>> <<J3c.pdf>> <<J2a.pdf>> <<J2b.pdf>>
<<J2c.pdf>> <<J2d.pdf>> <<J1a.pdf>> <<J1b.pdf>> <<J1c.pdf>> <<J1d.pdf>>
<<G1.pdf>> <<G2.pdf>> <<J18.pdf>> <<J10b.pdf>> <<J10c.pdf>> <<J9a.pdf>>
<<J9b.pdf>> <<J17.pdf>> <<J8a.pdf>> <<J8b.pdf>> <<J6.pdf>> <<A1a.pdf>>
<<A1b.pdf>> <<J5.pdf>>

Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883 Fax: 020 8008 2398

[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Link to this

From: Ray Corrigan

28 July 2011

Dear FOI Enquiries,

Thank you for your helpful response to my freedom of information
request relating to communications between the BBC and Ofcom on HD
DRM. In particular thanks to Ms ward and Mr Gutteridge for the
organised way in which you collected the documents and the
cataloguing and clear guidance you provided in the associated
covering letter, RFI20110637 final response,
http://www.whatdotheyknow.com/request/74....

I have now had the opportunity to go through the documents in
detail. Could I follow up with some further requests.

I ask that you reconsider releasing the redacted sections of:

(a) the BBC response to Ofcom consultation of 22 January 2010 (J10c
or J9b paragraphs 1.5 to 1.6 and 3.4.1 to 3.4.5)

(b) the BBC's response of 30 April 2010 (J8b) to Ofcom's request
for further information relating to details of content teh BBC had
already licenced but would be precluded from broadcasting in HD
without content management.

Additionally, given the competition issues raised in

(i) the mulitple drafts of the BBC submission in response to
Ofcom's letter of 9 November 2009 (J3c, J2b, J2c, J2d and J1b-d)
paragraphs 1.3, 2.1, 3, 3.3.2 and 3.3.3. and

(ii) (in a general sense), in (A4b) Greg Bensburg letter to
Stakeholders in the UK DTT industry.

did the BBC seek and/or receive professional legal advice on the
competition issues relating to:

(1) mandatory DRM removing the ability of consumers to purchase
receivers without DRM and the BBC leveraging its position as holder
of the multiplex licence to mandate DRM thereby affecting
competition at the level of the manufacturers;

(2) rights holders' possible collective efforts to pressurise
public service broadcasters into mandating HD DRM?

Finally, in paragraph 3.5 of the BBC response to Ofcom consultation
of 22 January 2010 (J10c or J9b) the BBC confirmed a willingness to
"engage with further discussions with" large educational
institutions, libraries and archives, "in order to ensure that the
proposed content management system does not restrict their
legitimate activities." Can you confirm whether any such
discussions have taken place? If so with which institutions? Could
you provide the records of such discussions and/or the advice and
guidance that the BBC has provided or is proposing to provide to
such institutions?

Thank you.

Yours sincerely,

Ray Corrigan

Link to this

From: FOI Enquiries
British Broadcasting Corporation

29 July 2011

Dear Ray

Thank you for your request for information under the Freedom of
Information Act 2000, about further details relating to RFI20110637 (as
below) which was received on 28th July. We shall deal with your request
as promptly as possible and, at the latest, within 20 working days. If
you have any queries about your request please contact us at the address
below.

The reference number for your request is RFI20110890.

Kind regards

BBC Information Policy and Compliance

BBC Freedom of Information
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

show quoted sections

Link to this

From: FOI Enquiries
British Broadcasting Corporation

25 August 2011

Attachment RFI20110890 final response.pdf
68K Download View as HTML

Dear Mr Corrigan

Please find attached the response to your request for information under
the Freedom of Information Act.
<<RFI20110890 - final response.pdf>>
Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883 Fax: 020 8008 2398

[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Link to this

From: Ray Corrigan

25 August 2011

Dear Ms Ward,

Thank you for your further helpful response, in particular the
confirmation that the BBC sought and received professional legal
advice on the competition issues relating to:

(1) mandatory DRM removing the ability of consumers to purchase
receivers without DRM and the BBC leveraging its position as holder
of the multiplex licence to mandate DRM thereby affecting
competition at the level of the manufacturers;

(2) rights holders' possible collective efforts to pressurise
public service broadcasters into mandating HD DRM?

I would therefore appreciate it if could you supply me with:

(a) a copy of that legal advice

(b) copies of BBC documents and/or briefings summarising that legal
advice

Thank you.

Yours sincerely,

Ray Corrigan

Link to this

From: FOI Enquiries
British Broadcasting Corporation

30 August 2011

Dear Mr Corrigan,

Thank you for your request for information under the Freedom of
Information Act 2000, repeated below, which was received on 25th August.
We shall deal with your request as promptly as possible and, at the
latest, within 20 working days from the date of receipt. If you have any
queries about your request please contact us at the address below.

The reference number for your request is RFI20111060.

Yours sincerely,

The Information Policy and Compliance Team

BBC Freedom of Information
Room 2252
BBC White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

show quoted sections

Link to this

From: FOI Enquiries
British Broadcasting Corporation

23 September 2011

Attachment RFI20111060 final response.pdf
85K Download View as HTML

Dear Mr Corrigan,

Please find attached the response to your request for information under
the Freedom of Information Act.
<<RFI20111060 - final response.pdf>>
Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance    

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883    Fax: 020 8008 2398

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Link to this

From: Ray Corrigan

23 September 2011

Dear Mr Gutteridge,

Thanks for your clear explanation of the reasons for withholding
the information requested on the BBC's legal advice on HD DRM and
competition issues.

I would request that the BBC conduct an internal review of this
decision, please.

I would ask that the review focus on the evidentiary foundation of
the suggestion that legal professional privilege, protecting the
confidentiality of lawyer/client communications,

"is perhaps at its strongest where the client seeking and receiving
legal advice is a public body or quasi-public body"

I am unware of the evidence suggesting public bodies attract a
higher standard of legal privilege for their legal advice.

Additionally could I request copies of communications within the
BBC, relating to the professional legal advice in question i.e. the
advice the BBC received on competition issues relating to:

(1) mandatory DRM removing the ability of consumers to purchase
receivers without DRM and the BBC leveraging its position as holder
of the multiplex licence to mandate DRM thereby affecting
competition at the level of the manufacturers;

(2) rights holders' possible collective efforts to pressurise
public service broadcasters into mandating HD DRM?

Could I remind you that despite the 'Bellamy v the Information
Commissioner and the DTI' Information Tribunal case, the House of
Lords Three Rivers case, (Three Rivers District Council and others
(Respondents) v. Governor and Company of the Bank of England
(Appellants)[2004] UKHL 48 on appeal from:[2002] EWHC 2730)
suggested privilege does not cover all situations where legal
advice relates to business matters. Additionally the court
suggested that copies of, or discussion about such legal advice may
not be privileged if such copies/discussions pertain to non
privileged purposes.

And thanks again for your always helpful, organised and courteous
responses.

Yours sincerely,

Ray Corrigan

Link to this

From: FOI Enquiries
British Broadcasting Corporation

26 September 2011

Dear Mr Corrigan,

We have received your request for an internal review of our handling of
your request relating to legal advice sought by the BBC in relation to
HD content management, made under the Freedom of Information Act.
Specifically, you would like a review of our decision to withhold copies
and summaries of that legal advice under the exemption provided in s42
of the Act (legal professional privilege).

Your request for an internal review was received on 23rd September and
we shall endeavour to deal with the review as promptly as possible and,
at the latest, within 30 working days, i.e. by 4th November. If you have
any queries please contact us at the address below.

The reference number for your internal review is IR2011027.

Kind regards

Rachael Ward
Information Policy and Compliance

BBC Freedom of Information
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

show quoted sections

Link to this

From: FOI Enquiries
British Broadcasting Corporation

17 November 2011

Attachment IR2011027 Internal Review decision note.pdf
18K Download View as HTML

Dear Mr Corrigan,

Please find attached the BBC's response to your request for an internal
review of the handling of your request (RFI20111060). We are aware that
we have not met the timeframe set out in our acknowledgement email and
for this we apologise.

You will note that the reviewer concludes that there is one document
that is captured by your original request which he believes should be
disclosed, subject to any other applicable exemptions under the Act. We
are now in the process of reviewing this document and we will endeavour
to provide you with our full response by Friday 25th November.

Kind regards

Rachael Ward
Adviser, Information Policy and Compliance

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883 Fax: 020 8008 2398

show quoted sections

Link to this

From: Ray Corrigan

18 November 2011

Dear Ms Ward,

Thank you for your response to my application for an internal
review of the handling of my FoI request (RFI20111060). Given the
care and effort that has been involved, it is understandable that
your response took slightly longer than originally anticipated.

Please also pass on my thanks to Mr Attfield for his comprehensive
and thoughtful review.

I look forward to receiving a copy of the "Draft Submission" by
Friday 25th November.

Yours sincerely,

Ray Corrigan

Link to this

From: Ray Corrigan

12 December 2011

Dear Ms Ward,

Just a reminder relating to my FoI request (RFI20111060).

I had anticipated receiving a copy of the "Draft Submission"
document by Friday 25th November, following Mr Attfield's review.

I wonder if you could update me on the status of this disclosure.
Thank you.

Yours sincerely,

Ray Corrigan

Link to this

From: FOI Enquiries
British Broadcasting Corporation

20 January 2012

Attachment RFI20111060 further response following IR.pdf
25K Download View as HTML

Attachment RFI20111060 Disclosure following IR.pdf
1.0M Download View as HTML

Dear Mr Corrigan,

Please find attached a further response from the BBC in respect of your
request for copies of legal advice in relation to DRM, our reference
RFI20111060. We apologise for the delay in providing this to you following
the internal review of our handling of this request.

<<RFI20111060 - further response following IR.pdf>> <<RFI20111060 -
Disclosure following IR.pdf>>
Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance    

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883    Fax: 020 8008 2398

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

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