Flash: Can it be a viable alternative to Windows Media DRM for the BBC? [updated]

This post continues my ongoing theme of the last few posts which is in response to the issues raised by the BBC choosing to use Digital Rights Managed Microsoft Windows Media format for their new iPlayer initiative. Please read the previous post ‘Dear BBC…‘ for more background information about it.

Where are the alternative formats?

I wrote in my last post about trying to find alternative formats to use instead of Windows Media DRM that could be used to deliver the BBC iPlayer initiative, I didn’t find any real solutions that could compete. I’ve been looking into it a bit more and I still don’t think I’ve found anything. One thing that comes to mind when thinking about video on the web these days is of course Flash video, sites like YouTube and Google Video have meant a huge upturn in the amount of Flash based video content available. What’s more it’s also incredibly easy for people to get it into Flash format thanks to these sites.

Why not use Flash Video for the iPlayer?

If Flash video is so popular then why doesn’t the BBC use Flash for the iPlayer initiative? A good question, and I’ve found a few answers that give some explanation to the reason. I found a post on the FlashComGuru.com website entitled “‘Why we don’t use Flash (video)’ – The BBC speaks up“, the article and the comments left by various people make for interesting reading. This article in turn references a response from the Editor of the BBC News website Steve Herrman regarding changes to the way audio / video is used in the BBC News website. FlashComGuru highlights that the overwhelming reason not to use Flash for video is simply the cost implications of shifting over to a whole new format and delivery method, particularly due to the invested use of RealPlayer format content.

The reponse from Steve Herrman titled “In response to site changes” contains a technical response as to why they don’t use Flash, one reason is:

“The BBC is trying to make its video available to the widest possible audience. This means that when we choose the formats in which to stream our audio and video clips and live programmes, we have to take account of: All the operating systems in use, and the number of people who use them (this is not just desktop operating systems – we need to take account of mobiles too); whether a player is available for that format on a particular operating system; and whether it is easy to play that video on an operating system.”

These are all good intentions obviously, the BBC has a remit where it has to be available to the widest possible audience and this is clearly stated in the first sentence. However, taken in the context of the iPlayer initiative which locks you into Windows Media DRM format and excludes Mac OSX and Linux OS users then this is obviously not the widest possible audience being catered for! Admittedly the article this quote from is specifically talking about the use of RealPlayer and Windows Media format on the BBC News website, but the remit there is the same as for the rest of the BBC.

So ultimately it is an issue of it being too costly to replace all of the existing infrastructure with a Flash based system due to the previous investment in the RealPlayer over the last 10 years. Now I can appreciate that, obviously the BBC don’t want to go wasting the investment previously made, plus they could be perhaps criticised for wasting Licence payers money too. However, why get into a relationship with Microsoft on this? There’s really no likelyhood that they will ever do much to help the fact that DRM’ed Windows Media content can’t be played on Mac OSX or Linux. I can’t see how this represents any kind of good investment of my Licence fee?

Surely there must be an alternative?

I keep coming back to that question, however, I can’t really find any viable alternatives. However, that is not a reason to let the BBC of the hook here. The best thing I can possibly think of is that this is time for Adobe to step up and take on Microsoft in this area, there’s a long game afoot here which Microsoft are pushing with the BBC. If the BBC can’t just dump the investment into RealPlayer technology overnight then how is it going to be any easier to dump investment into the Windows Media format and it’s DRM?

Calling Adobe! Time to get ‘mobile’…

There are obviously big issues going on here, advocating one commercial companies format over another isn’t necessarily the answer. For some this definitely isn’t the answer, especially with the use of DRM within the files. However, despite the prospect of perhaps seeing music available for purchase DRM free, I don’t think we’ll be seeing this happening as easily or so quickly where video is concerned. With that said I think the best option here is for Adobe to get the Flash video format positioned much better as a viable format to compete Windows Media DRM’ed content.

The previous quote from the BBC above mentions the use of Mobile devices as a target end user of the BBC’s content, yet again Windows Media is no solution here at all either with or without DRM. The point is interesting though because Adobe have just made an announcement at the annual 3GSM conference that version 3 of their Flash Lite mobile platform will support Flash video. This provides a vital piece of the puzzle that the BBC is trying to piece together, and a much more platform friendly method at that.

I think the only technical challenge left to fill in is the provision of a decent DRM scheme to use within Flash video, if Adobe can provide that piece of the puzzle then there’s absolutely no reason for the BBC to use Windows Media DRM and cause thousands of licence payers to be locked out of using a service they are entitled to use.

So, Dear BBC, time to think again…

If…

  • Flash format can work for other TV channels such as ABC around the world,
  • a growing amount of people use non-Microsoft operating systems on their computers,
  • more and more people are looking to access content online via mobile devices

then how can you consider Windows Media DRM a viable solution that is compatible with the remit of the BBC?

Update:

Bruce Schneier has written a great article about the DRM restrictions in Windows Vista, more reasons why a lock-in to Microsoft DRM is a bad choice for the BBC: [Via DaringFireball]

This isn’t even about Microsoft satisfying its Hollywood customers at the expense of those of us paying for the privilege of using Vista. This is about the overwhelming majority of honest users and who owns the distribution channels to them. And while it may have started as a partnership, in the end Microsoft is going to end up locking the movie companies into selling content in its proprietary formats.

I think you can replace the words movie companies at the end there with BBC instead. Microsoft desperately wants to have control of the DRM used in TV / Movie / Video distribution, the control they never managed to gain in the Music industry.

Vista: the longest suicide note in history

There’s an interesting article by Peter Guttman I just saw a link to: A Cost Analysis of Windows Vista Content Protection. It gives a lot of indepth information about Vista’s Content Protection, it’s quite scary reading, the heading above kind of sums it up.

~Rick

Open doors, not closed Windows?

This post is a bit of a follow-up to my last post ‘Dear BBC…‘ regarding the BBC’s new iPlayer proposal which is going to use Windows Media DRM to deliver the files. This is basically just a few thoughts / ponderings based on things I’ve been reading related to this whole issue.

Windows Media DRM, is it the only solution to the iPlayer requirements?

I’ve been looking around a little bit to see if there are any alternatives to using Windows Media DRM (I’m going to refer to this as WMDRM for short herein) for delivering the media that the BBC want to make available. The main reason that WMDRM has been chosen is that it is apparently the only form of DRM that will provide the means for the content to time out at the appropriate point. The BBC’s proposal suggests that programmes will be available to download for up to seven days after original broadcast but that the files will be valid for up to thirty days after downloading.

Now what I wondered is whether WMDRM really is the only option available for delivering this kind of time-sensitive protection, so far though I haven’t really found an alternative DRM. I have heard rumours that Apple’s FairPlay DRM has this kind of development in the pipeline though, the more I think about it I reckon Apple already has something like this working. However, given that Apple’s model of selling content on the iTunes Store is purely for outright purchase rather than ‘renting’ content coupled with the fact that Apple don’t currently licence their DRM to anyone else there is no need for Apple to implement this kind of model in practice. But I’m pretty sure they’ve got this kind of function written into FairPlay if / when they want to use it.

A couple of points of possible interest for alternative DRMs I found are:

  • Real Networks Helix – Real Helix platform (of note is that Real for a while managed to reverse engineer Apple’s FairPlay and offered the only online music store that could deliver Music using their own format as well as DRM’ed Windows Media and FairPlay’ed DRM tracks for use on iPods, however Apple put a stop to that functionality in various software updates, plus Real generally got slated for their accompanying PR campaign.)
  • OpenIPMP – Described as ‘Open source DRM for MPEG-4 and MPEG-2 adhering to ISO/MPEG IPMP open standards (MPEG IPMP Hooks and IPMP-X), ISMAcryp and OMA DRM 2 specs. Includes CA, PKI, DOI mgmt, ISMA streaming, license server, encoding/encryption, player, plugin architecture, etc‘.

The only good DRM is NO DRM?

Perhaps a better option is to not use DRM at all? A growing number of companies, organisations and people seem to think so. About a year ago the British Library expressed concern about the impact DRM has on their ability to ensure long-term access to copyrighted content, part of the British Library’s role is to catalogue everything published in the UK. DRM makes this difficult or impossible and getting round it, perhaps, illegal.

At the recent Midem music trade fair in Cannes the topic of selling music without DRM was discussed, perhaps this shows a turning of the tide by the Labels considering DRM-free distribution as the way forward. EMI has already experimented with DRM free music sales through Yahoo Music using raw MP3 format audio files.

There are perhaps several reasons why the Record Labels may be interested in selling tracks without DRM, one of which is the Labels’ desire to have better control over the music market, something that DRM stops them from doing. Another reason is that some Labels seem to perceive the iTunes Store market dominance as some kind of monopoly hold over the labels, this is true to the extent that Steve Jobs has resisted the Label’s demands for a different pricing structure based on popularity of tracks rather than the standard $0.99 / £0.79 per track model used by iTunes and many other online music stores. There are growing calls from European countries for Apple to open up their FairPlay DRM to licensing, Norway being the most recent country to rule that the FairPlay DRM terms and conditions violates local laws.

I’ve heard and read people say that Apple want to keep FairPlay DRM in place without licensing as it ensures their iPod hardware and iTunes Store sales continue to be successful. However, I’ve always felt that FairPlay DRM’s restrictions are about the least restrictive out there, couple this with Steve Jobs resistance to the Record Labels’ attempts to place further restrictions (albeit with some compromise regarding CD burning) and it’s never appeared to me that Apple would enforce DRM if they had a choice, they did promote the ‘Rip, Mix and Burn’ meme after all!

Joking aside though, my feeling on this seems to be confirmed by an article by Steve Jobs posted on Apple.com on 6th February entitled ‘Thoughts on Music’. The article contains a lot of interesting bits of information, it gives a background to how we got to the current state we are in regarding DRM and music. Steve also proposes three possible ways forward regading selling music online:

  1. Continue with the way things are with multiple competing DRM schemes.
  2. Apple to open up FairPlay DRM.
  3. Abolish DRM entirely.

Steve gives a good explanation of what is involved for options 1 & 2, however, the third option is the most interesting:

The third alternative is to abolish DRMs entirely. Imagine a world where every online store sells DRM-free music encoded in open licensable formats. In such a world, any player can play music purchased from any store, and any store can sell music which is playable on all players. This is clearly the best alternative for consumers, and Apple would embrace it in a heartbeat. If the big four music companies would license Apple their music without the requirement that it be protected with a DRM, we would switch to selling only DRM-free music on our iTunes store. Every iPod ever made will play this DRM-free music.

Why would the big four music companies agree to let Apple and others distribute their music without using DRM systems to protect it? The simplest answer is because DRMs haven’t worked, and may never work, to halt music piracy. Though the big four music companies require that all their music sold online be protected with DRMs, these same music companies continue to sell billions of CDs a year which contain completely unprotected music. That’s right! No DRM system was ever developed for the CD, so all the music distributed on CDs can be easily uploaded to the Internet, then (illegally) downloaded and played on any computer or player.

So, there it is, straight from the horses mouth so to speak. If there was ever any doubt about Apple’s thoughts / motives regarding DRM I think Steve Jobs just made it quite clear.

What’s this got to do with iPlayer? Is DRM a necessary evil in this instance?

I think it highlights the two different functions or types of DRM in use: One for outright purchased content and one for leased or time-sensitive content. It does appear potentially that there is no need for DRM on purchased content but that there is a need for protecting content that publishers want to make available for a limited period of time. Mmm, so, I’m not really any further forward at presenting an alternative solution for the BBC in regards to the iPlayer’s DRM am I? Here’s a few thoughts:

  • Apple could step up to the mark and make a version of FairPlay available to the BBC that allows time-sensitive content.
  • Adobe could step in here and make a DRM method for their Flash player format, especially ideal with the recent launch of the Flash player for Linux

Apart from those couple of thoughts I’m not sure of a way forward, so I’m still not very happy with the current BBC iPlayer proposal. Amongst the details of the BBC Trust’s proposal is discussion of other methods of delivery such as peer-to-peer file sharing, according to Wikipedia the BBC have done some tests using a peer-to-peer system called Kontiki. I’m not sure this really offers anything other than a different method of delivery rather than an alternative DRM method though. Of interest though is a new venture called Joost that was created by the original founders of Skype, their ‘About us’ page states:

Joost™ is a new way to watch TV, free of the schedules and restrictions that come with traditional television. Combining the best of TV with the best of the internet, Joost™ gives you more control and freedom than ever before – control over what you watch, and freedom to watch it whenever you like. We’re providing a platform for the best television content on the planet – a platform that will bring you the biggest and best shows from the TV studios, as well as the specialist programs created by professionals and enthusiasts. It’s all overlaid with a raft of nifty features that help you find the shows you love, watch and chat with friends, and even create your own TV channels.

So, an interesting delivery model but it doesn’t provide an answer to the challenge of finding an alternative DRM for use with the BBC iPlayer proposal.

Perhaps if Music becomes DRM-free, TV / Video will follow suit?

Steve Jobs’ article cites the fact that 90% of music sold is via CD format that contains no DRM whatsoever and this is the reason why DRM for music online makes no sense as it is so readily available in non-drm form. In contrast TV shows and Movies on DVD are primarily in a protected format so that argument doesn’t hold up there. Is it really feasible to expect the BBC and any other provider of TV / Video content to make it available without DRM? I can’t really see it happening, although anything that is distributed using those methods is sure to have it’s DRM circumvented and the content finding it’s way onto sites such as YouTube, Google video and other web sites. It’s still probably a losing battle for the Movie / TV industry but one that I don’t think they’ll yield too in a hurry.

Finishing up, any ideas?

Researching and writing this has made me have a little empathy with the BBC’s situation. They are facing, like Apple did with the big music labels when they proposed the iTunes Store, the requirement to provide a protected way to distribute digital files to satisfy the holders of the copyrighted material. I haven’t really found an obvious viable alternative, other than just dropping DRM altogether.

Anybody got any other ideas / suggestions? If you do then don’t forget you have an opportunity to give feedback on the BBC Trust’s proposals. I encourage you to check out the questionnaire on the BBC Trust website, paying particular attention to question #5:

"How important is it that the proposed seven-day catch-up service over the internet is available to consumers who are not using Microsoft software?"

Don’t forget that the Microsoft DRM the BBC iPlayer will use will also limit functionality for certain older Windows OS’s too, so it’s not just an issue for Mac OSX and Linux users!

I’m of course interested to hear people’s thoughts on this in the comments below too :)

Update: Interesting links

~Rick

Dear BBC… [updated]

The licence fee charged by the BBC in the UK certainly has it’s share of people for and against it. Personally I am very favourable towards it, I think the output of the BBC is very creative and of a high quality. If anyone is reading this wants more infomation about how it works then go check out the TV Licensing website at www.tvlicensing.co.uk/. In a nutshell if you own a TV in the UK then you are required to pay £131.50 per year (or just £44.00 if you have a black & white TV!!!). As I said I have no problem with the licence fee, it provides a public service with aims very different from commercial channels. In particular as a parent I find the children’s channel ‘CBeebies’ to be a safehaven for my daughter, especially in contrast to the incessant advertisements on other channels!

Another aspect that I think is great about the BBC is the increasing range of alternative ways of listening or viewing content. The bbc.co.uk website has for sometime had various news clips etc available to watch and more recently has added on-demand viewing of shows, sometimes before they actually appear on air. Podcasting has also been embraced by the BBC with a quite a few Radio shows now available to download every week. The Digital Planet and Mark Kermode Film Review podcasts are both a regular part of my podcast consumption.

However, all is not well with the future of BBC’s on-demand service.

Introducing BBC ‘iPlayer’…

Ok, it’s not a new joint product by the BBC and Apple, it’s the name of the BBC’s proposed new on-demand service. There is now an open consultation into these new on-demand services being provided by the BBC Trust [Link edited to point to consultation conclusions as open consultation is now closed]. The ‘Public Value Test’ as it’s known is intended to allow the public to give feedback on the BBC Trust’s initial conclusions for the on-demand service.

The main components of this proposed service are:

  • Seven-day TV catch-up over the internet
  • Seven-day TV catch-up over cable
  • Simulcast TV over the internet (streaming of live television networks)
  • Non-digital rights management (DRM) audio downloads over the internet (podcasting of selected radio programmes)

With the exception of the second item they are all to be delivered over the internet, and they sound great in principle. There’s even talk about the possibilities of ‘series stacking’ where entire series will be available to view online. However, the last item in the list hints at where the vision starts to fall apart, DRM.

Doh Rae Me?

Nope, nothing to do with musical scales, DRM stands for Digital Rights Management. Basically DRM is intended to control the usage of content such as audio and video files, in the case of BBC iPlayer it is intended to control the duration the files held on people’s computers.

Now, I don’t have an issue with the use of DRM in itself, but when you read into the details of the iPlayer proposal you find that the BBC are proposing using Microsoft’s DRM system to control the audio and video. Basically this means the content will only be playable on computers running the Windows operating system, so if you’re like me and use an Apple computer running Mac OSX it means that we (along with anyone using Linux OS) will be unable to watch any of this content due to the fact that Windows Media Player is now discontinued on OSX (and has never existed for those on Linux!) and there is no support for Windows DRM available.

So, what can be done?

Well, remember the BBC Trust’s proposals are undergoing the Public Value Test process, so you have an opportunity to give feedback on their proposals. So, if you care about this even just a little bit then I’d encourage you to check out the questionnaire on the BBC Trust website, pay particular attention to question #5:

"How important is it that the proposed seven-day catch-up service over the internet is available to consumers who are not using Microsoft software?"

You can find the questionnaire and more information on the BBC Trust website by following this link [Link edited to point to consultation conclusions as open consultation is now closed].

Some related links / articles

~Rick