BBC Limits Information Availability To The Public?

According to the Open Source Consortium:

...A report from the BBC Trust states that, for the first two years, services will be unavailable to consumers who neither use Microsoft software nor have an up-to-date version of the Windows operating system. The OSC believes that, if the BBC were to proceed with its plans, license fees will be spent promoting a single IT company over its competitors - a position which some observers claim will breach the broadcaster's charter...

Funny, all stories talk about the BBC Charter but none I have read have linked to it. What do they mean that it may break the charter?

From the charter (find it in your hymn book; Page 3 of the PDF):

...AND WHEREAS in view of the widespread interest which is taken by Our People in services which provide audio and visual material by means of broadcasting or the use of newer technologies, and of the great value of such services as means of disseminating information, education and entertainment,We believe it to be in the interests of Our People that there should continue to be an independent corporation and that it should provide such services, and be permitted to engage in other compatible activities, within a suitable legal framework:...

The disseminating information bit is what, arguably, breaks the charter by limiting the framework to any one operating system - in this case, Microsoft. Part 3 of the Charter:

3. The BBC’s public nature and its objects
(1) The BBC exists to serve the public interest.
(2) The BBC’s main object is the promotion of its Public Purposes.
(3) In addition, the BBC may maintain, establish or acquire subsidiaries through which commercial activities may be undertaken to any extent permitted by a Framework Agreement. (The BBC’s general powers enable it to maintain, establish or acquire subsidiaries for purposes sufficiently connected with its Public Purposes – see article 47(3) and (4)).

'Serving the public interest' is most certainly a grey area. Part 4 of the Charter:

4. The Public Purposes
The Public Purposes of the BBC are as follows—
(a) sustaining citizenship and civil society;
(b) promoting education and learning;
(c) stimulating creativity and cultural excellence;
(d) representing the UK, its nations, regions and communities;
(e) bringing the UK to the world and the world to the UK;
(f) in promoting its other purposes, helping to deliver to the public the benefit of emerging communications technologies and services and, in addition, taking a leading role in the switchover to digital television.

Part (f) demonstrates that the writing of the document is up to date and demonstrates that the BBC is supposed to be 'helping to deliver to the public the benefit of emerging communications technologies and services'. Again, a grey area.

Part 6:

6. The independence of the BBC
(1) The BBC shall be independent in all matters concerning the content of its output, the times and manner in which this is supplied, and in the management of its affairs.
(2) Paragraph (1) is subject to any provision made by or under this Charter or any Framework Agreement or otherwise by law.

An argument could be made that solely using Microsoft's technologies works against the BBC being independant; there is vendor lock-in. As mentioned in the Open Consortium article, DRM - which is supposedly on the way out in California (to be replaced, no doubt) - will be used. And reverse engineering DRM can violate DMCA, which means that the first 2 years of BBC information may not quite make it to people who aren't buying Microsoft Products - by choice (people who do not support Microsoft because they can) or by necessity (developing nations use of Linux as a lower cost alternative than relatively expensive operating systems).

I'm surprised that the Free Software Foundation European branch isn't tackling the DRM issue, since GPL v 3 will not support DRM. And that also means that GPL v3 will be incompatible with... the BBC. The plot thickens.

The role of the BBC Trust (pages 7 and 8 of the PDF):

22. Guardians of the licence fee and the public interest
The Trust is the guardian of the licence fee revenue and the public interest in the BBC. The Trust has the ultimate responsibility, subject to the provisions of this Charter, for—
(a) the BBC’s stewardship of the licence fee revenue and its other resources;
(b) upholding the public interest within the BBC, particularly the interests of licence fee payers; and
(c) securing the effective promotion of the Public Purposes.

Again, it is actually not very clear cut. Very open to interpretation since... ultimately... someone decides what is good for the public interest. There is no mention of 'democracy' here, so let us toss that out with the misconception that the BBC has to do things a certain way to avoid breaking their charter.

I could bore you with more quotes which may or may not be related to the charter, but the fact of the matter is that the BBC can do whatever a few people think is in the 'Public Interest'. Demonstrating that something is 'good' or 'bad' for the 'public interest' is a difficult thing unless it is quite obvious.

The BBC is not mandated to allow equal access to all people, unless I missed something (look yourself). Should it be? I would like to think that it would be. Do I like the direction that the BBC is heading? Most certainly not.

Do I believe that they are serving the public interested by allowing unequal access to their information? Yes, that is my opinion.

So, my question to the BBC - without trying to hang them with a notably vague charter - is simply this:

Does the BBC support unequal access of information? Or does the BBC, instead, wish to disseminate information freely?

...AND WHEREAS in view of the widespread interest which is taken by Our People in services which provide audio and visual material by means of broadcasting or the use of newer technologies, and of the great value of such services as means of disseminating information, education and entertainment...

Disseminating information to... which people? Ahh. Well then, I'm glad to know where the BBC stands. It has never been the same since Douglas Adams died, anyway.

I think I shall have to speak with Her Majesty about this, if she ever does invite me to tea. I hear that the tea at the palace is very good, and that the crumpets are supreme...