Lost "Doctor Who" episodes found but owner is reluctant to hand them to BBC
theguardian.com
theguardian.com
Canada spent years digitizing classic TV and published the shows on a Youtube channel, then suddenly deleted all the content without notice to archivers, https://news.ycombinator.com/item?id=35716982.
In the absence of social contracts for preservation, we are left with defensive archiving.
Unfortunately sarcasm doesn't come across very well on the internet.
Perhaps you meant in the sense of a deliberate memory hole (in the Orwellian sense), in other words eliminating that which you don't want others to discover.
I understand their decision to not air those, but it still feels like a part of my childhood got erased and I wish I could get a copy of those episodes.
The UK is unusual in that it has no statute of limitations for most crimes besides "summary offenses" (equivalent to US misdemeanors): https://en.wikipedia.org/wiki/Limitation_periods_in_the_Unit...
It makes sense - imagine trying to defend yourself against an case where the police has been sitting on evidence for 50 years, and anyone you could call in your defense is long-dead.
The jury doesn't just live in a vaccum. There are rules for what kind of evidence is admissible to them, and we don't just leave it to the jury to yolo it.
Sometimes, those rules don't make 100% sense. That's the case with any set of rules (Especially ones surrounding legal procedure!). We set rules, because we think that they are a good idea most of the time.
And most of the time, for most crimes, the tradeoff between trying a decades-old case, and of preventing the harassment of an innocent person over a decades-old-case leans towards the latter.
In that model and imbalance of resources, having statue of limitations in place alleviates the need for defendents to, for example, keep records of their actions and reasoning for 30+ years. How would you navigate being charged for tax evasion from 35 years ago, for example?
EDIT: to be clear, I don't think this is necessarily a precise defense of statuetes of limitations specifically, just a "well they're not a bad idea" sort of defense
Source: I read the Wikipedia article on inquisitorial systems and watch tv. So I don’t know what I’m talking about but it sounds nice (also aligns with what I’ve heard about French court procedure) I think this covers Japan too (anyone who plays phoenix wright might wonder: why is the judge just declaring a result?)
> In that model and imbalance
> of resources, having statue
> of limitations[...]
Would a statue of limitations be symbolic like the statue of liberty, or an autonomous mecha or golem serving as an independent check on state power, whose slumber you'd disturb at your peril?> "Discarded TV film was secretly salvaged from bins and skips by staff and contractors who worked at the BBC between 1967 and 1978, when the corporation had a policy of throwing out old reels. [...] “The collectors involved are ex-employees and so are terrified. The rule was that you didn’t take anything, even if it had been thrown out."
I think making this an offense is insane, but I don't see how these cases are any more ambiguous than if the same happened yesterday.
The question is whether the owner of property has a right to order its destruction, and whether an employee (or equivalent) is stealing or legitimately salvaging if they "rescue" said property from the trash.
So who has lost, what value needs to be recovered? There's no reasonable reason for anyone to pursue legal action, it would just be vexatious and / or a waste of tax payer money.
If I break into your house, eat your food, but leave money on the counter for the same value, you didn’t make a loss, but I’m sure you would want me to be arrested
If I took a piece of potato peel out of your bin that was on the pavement, that might technically be a crime (I don't know). But are you going to pursue a civil suit? What compensation are you going to get?
Are the police or CPS going to prosecute? Is it in the national interest? Or are they wasting resources for no reason.
The BBC are in no way being harmed by someone who has permission to be on the premises taking something that the BBC literally believes to be rubbish.
There's a legal concept of irrationality. This would seem to be an example of that.
Yes, I agree with you, but clearly this is illegal in the UK. I'm only narrowly commenting on how in this case the passage of time doesn't seem to have impacted anyone's ability to discern the facts of the case.
Does there have to be loss? If you throw away a phone containing your nudes and I recover it, can I leak them? By your logic yes because nothing was lost, you didn't want them. Sometimes it's not as simple as you wanting to keep something or not, you should also have the right to decide that something you created should not exist.
I suppose the ultimate answer is not to leave pictures of your self nude if you don't want people finding them. I'm guessing most people wouldn't want just one random person having access to their nude photos.
I'm not sure how this example changes if you replace throwing away with selling on eBay, whereas if the BBC had sold the tapes on eBay, presumably we wouldn't be having this conversation, so the comparison is flawed.
> I'm not sure how this example changes if you replace throwing away with selling on eBay, whereas if the BBC had sold the tapes on eBay, presumably we wouldn't be having this conversation
What? How is that even remotely comparable? Had they sold it obviously it changes everything. Maybe even with clauses on how it's allowed to be shared and so on.
You aren't adding complexity, you're changing the situation entirely.
The BBC threw things away. they meant to throw things away, because they didn't value them. If you throw my phone away, that doesn't mean I don't value it. If you throw a phone with nudes on, that you don't want people to see, then you obviously value your privacy and shouldn't have thrown your phone away with nudes on.
At some point you have to take responsibility for your own actions.
>What? How is that even remotely comparable? Had they sold it obviously it changes everything. Maybe even with clauses on how it's allowed to be shared and so on
My point is, if you sold a phone with nudes on you probably wouldn't want people looking at them.
So the 'morality' of that is independent of how the phone was gained.
On the other hand, if the BBC sold the tapes, there wouldn't be an issue.
So the comparison is flawed. One is an issue of how the item was obtained, one is an issue of what was on the item.
I'm not changing anything from the perspective of the dumpster diver, which is my point. The rest of the discussion is just you grasping at straws to make a point you're allowed to use what you found anyway you want.
The BBC not valuing them is your interpretation, they're allowed to value them being destroyed and unreleased. If someone "found" the Christine Chubbuck tapes and released them, would that also be fair game?
Who is the person to take responsibility in that case? The leaker or those who couldn't properly (according to you) dispose of the property? You're putting the responsibility on the victim.
You can't demand everyone to understand these thing, how far are you allowed to go? Restoring deleted data on a hard-drive? The intention was obviously to delete the data, but incompetent. The simplest solution is that intellectual property stays with the creator, period.
The original issue isn't one intellectual property you know. It's one of storing 'stolen' property.
I don't think I've advanced an opinion on ip.
If I throw away, sell or give away a music cd I don't think that implies that I'm giving away a license to reproduce that cd.
Your nude example, as I pointed out is an issue for just the one copy, which has nothing to do with IP rights.
On the other hand an employee probably wouldn’t get the copyright etc, it’s still their intellectual property, it’s just a rare collectible item that got thrown away and is now properly recognized.
That's an oversimplification, and can vary from state to state (or even city to city). In my city, the trash is in a can owned by the waste management company. As soon as it's in the can, it's considered to be owned by that company. Anyone taking things out of the cans without permission are technically stealing. Things placed next to the can (oversized items and the like) are not protected in that way.
It also matters where the cans are placed. Even in places where trash is fair game, unless it's physically in a publicly-accessible place, you're trespassing to get to it.
I'm not specifically arguing for or against, but I guess it's not so simple.
[1] https://twitter.com/drwhopodcasters/status/17233881608669433...
https://archive.org/details/doctorwho_s01
https://archive.org/details/doctorwho_s02
https://archive.org/details/doctorwho_s03_v2
https://archive.org/details/doctorwho_s04
https://archive.org/details/doctorwho_s05
https://archive.org/details/doctorwho_s06
However, there have been very strong rumors for years that 2-3 episodes known to be in the hands of collectors (I believe it was said in a recorded interview with the Radio Free Skaro podcast by someone involved in Classic Who bluray releases)
While some people may be worried about legal implications I suspect that most just would rather keep it. If they really wanted to return it they could hand it off to someone who would be an intermediary. So the real danger is that once they die, whoever inherits their collection may not care about it and junk the whole thing.
I’m not finding this claim being made elsewhere in the comments here. Do you have a link?
I could't care less about restoring BBC history if BBC themselves don't care enough to lay down a legal way for this to happen without my help.
That doesn't meet the goal of amnesty.
Before the footage is made available, the people holding that footage have leverage.
Once they share it somehow, the leverage is gone and it's unlikely that they'd be given amnesty. In fact, the act of sharing the footage has some nonzero chance of revealing people . . .
...the infamous arrest of comedian Bob Monkhouse in 1978 has not been forgotten, Franklin suspects: “Monkhouse was a private collector and was accused of pirating videos. He even had some of his archive seized. Sadly people still believe they could have their films confiscated.”
https://www.pressreader.com/uk/daily-mail/20180824/282703342...
> The BBC said it was ready to talk to anyone with lost episodes. “We welcome members of the public contacting us regarding programmes they believe are lost archive recordings, and are happy to work with them to restore lost or missing programmes to the BBC archives,” it said.
I think it can be interpreted a little more charitably than that:
> We welcome members of the public contacting us regarding programmes they believe are lost archive recordings
They're literally feeding lines to potential respondents, to help them avoid implicating themselves in theft. You didn't take reels from the studio, you found "lost recordings" they were looking for.
> and are happy to work with them to restore lost or missing programmes to the BBC archives
They're doing it again here. It's not "returning shit you stole," it's "restoring lost or missing programmes." Return it as lost and stick to your story.
FWIW, here in the US "we will work with you" is the exact same verbiage we use in calls to recover lost equipment we actually need but retain discretion in litigation over.
We don't commit to promises of amnesty because sometimes it turns out you've been dumping brand-new equipment off the loading dock and selling it on eBay for years, and that's not worth looking past just for the return of one item.
But if you happen to have the one thing we're looking for and weren't misappropriating millions of dollars in assets in addition to the lost item, we just want it back and won't ask questions.
Is that not the case in the UK? Can you be charged because the DA read about a hypothetical crime in the bews?
Do you have any examples of charges and convictions on theft without a prior claim of deprivation to a good or service from an owner? Or are we just being pedantic?
Then you shifted the goalposts to “charges and convictions”.
The real question is do you have an example of a judge ruling that someone can't be charged and convicted on theft without a prior claim of deprivation to a good and service from an owner? Because I'm pretty sure you are wrong.
If you were correct about your belief, I'm sure you can find an example of someone charged with murder and theft, and the theft charges being thrown out because the victim is unavailable to say something was stolen.
I guess in your imagination I can steal money from the wallet of a person in a coma in front of a cop, and get off scot free, since the victim can't testify against me?
Does that help?
How could that possibly help?
Furthermore you know you are just making things up, why not just concede you like to imagine how criminal law works and you are having fun making up things like "authority of agency"?
Or perhaps you think i'm a very stupid person and treating you unfairly, maybe you can educate me by finding a reference for your claim that "In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something"
I suspect your source was your impression of law and order episodes, but even if I'm wrong it seems unfair for you to demand evidence from others without providing any yourself. I look forward to being educated by how you know "In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something".
This seems to be a crazy claim on it's face, since, as I explained, the owner of the object might be dead, in a coma, an infant, being threatened by the mob not to testify, etc. And the concept of hostile witnesses also exists in criminal law.
First, my wife is a lawyer.
Second, I pasted that link because I thought you didn’t know what “agency” meant based on your non-sequitur response. As in “principal” and “agent”.
I never claimed that was a legal term. If you are an agent with authority, what would you call it? Power of attorney doesn’t apply here. In general, someone that acts on the behalf of another. That’s it. No one is inventing new words. That’s just how grown-ups talk.
Ergo. If the owner is dead, then someone else is the owner. If the person in a coma, someone else can legally act on their behalf, like a spouse or family member. You know, someone with authority. Acting on behalf, like an agent. There’s those poetic words again! Same applies to an infant. Understood?
Finally, the point I was making is that someone has to report the crime and demonstrate that theft actually occurred for a successful prosecution. You are extremely unlikely to get arrested, much less prosecuted, for openly hypothesizing about whether a theoretical crime took place. Which is the very topic we were originally discussing.
I was fast and loose with the word “owner” because I thought my audience would understand the broader definition. Apparently “agent” doesn’t t work for you either, but whatever you want to call it, I hope for your sake that it’s been made more clear.
I’ve already clarified my position once, and now ad nauseum. I don’t know what else to say if you’re still confused.
To go back to the Doctor Who example, there's clearly concern by the archivists that admissible evidence exists to show the film was stolen by them. Whether this is likely to be prosecuted and conviction is likely to occur is a different matter.
Of course I have no idea what you think you mean by "claim of ownership" at this point- courts make ruling based on "admissible evidence" as I said. There is no legal requirement for the evidence to be a "claim of ownership".
Feel free to have last word if you want, this conversation has gotten silly.
1. You are informed of the theft. You confirm that the wallet is yours and perp is charged.
2. You are informed of the theft. Instead you claim that it was not stolen because you either don’t care, feel bad for the perp, you hated that wallet anyway, or any other reason. There is no case. One rando stranger’s word against another, the perp walks.
3. You are not informed of the theft. No one can prove that the wallet was stolen, because we find ourselves back in situation #2.
Not sure it was that simple in, for example, the case where Aaron Swartz 'stole' articles from JSTOR. JSTOR declined to press charges, but the prosecutor went berserk with self-righteous bloodlust, and well, we all know how that turned out.
I'm not sure I buy the article's premise that this is the main issue to be honest. My understanding is that the main problem is simply that some of the people involved just want a bunch of money, and the BBC finds it very hard to countenance why they should pay someone for stuff stolen from them, especially at not very realistic valuations.
And no individual in a bureaucracy (British term: jobsworth) is going to stick their neck out without a really solid incentive.
> the Fishers scooped up rights to low-cost, syndicated staples like Forensic Files and Unsolved Mysteries and library titles with strong cult followings, from The Dick Van Dyke Show to The Greatest American Hero and 21 Jump Street.. FilmRise is now the largest independent provider of content to ad-supported streaming platforms.. in the U.S. top 10, with 21.68 billion cumulative minutes streamed .. just behind Apple TV+, with a cumulative 21.7 billion minutes streamed.
The BBC seems to be staffed by an incredibly narrow and stifling cultural homogeneity in which period dramas that appeal to middle aged women are good, but sci-fi shows that appeal to young men aren't even on the radar. Dr Who is notable primarily because it's one of the only recognizable sci-fi shows they ever made, and it's targeted at kids. The others are mostly comedies like Red Dwarf or Hitchhiker's Guide and they're all from decades ago.
One day the BBC is going to lose the license fee and discover it doesn't even know what types of shows are popular, let alone how to make them.