I work in the BDU industry (and no not for shaw) from a regulatory perspective. When negotiating contracts for carriage with networks, they will often require that we have a certain level of encryption available and/or DRM schemes to ensure that their channel or even certain programming on the channel can not be recorded more than once. If we don't have it in place, we don't get the channel. I am not privy to what contracts the CBC has with their producers, but it would not be unusual that a producer have the caveat to encrypt in a contract for carriage.
There is no mention of intellectual property rights in these articles, it's all just money and the licensing requirement for all BDUs to distribute CBC signal:
"Distributors are required to distribute CBC signals on a priority basis and Canadians already pay for the distribution of CBC signals through their taxes, adds the company (Rogers)." -
http://www.cartt.ca/news/FullStory.cfm?NewsNo=14442&category=Radio-Television&title=CBC-Radio-Canada-Fee-for-carriage-pitch-CBC-digital-slammed-citizens-make-themselves-heard-too
"In a delicious follow-the-money case study, BCE Inc., which owns Bell Media, originally sided with the other distributors. Then it snapped up CTV and promptly changed its position on the matter. And everyone seems to have forgotten that the original justification for changing the system – that the broadcasters were in danger of dying – is no longer the case: Revenues are back up, as are profit margins."
"It could be even uglier up here, where Bell-owned CTV might snub a perfectly reasonable offer from the BDUs and then roll out a marketing campaign playing up the fact that – whaddya’ know? – Bell’s own satellite and FIBE services is still offering the channel. Timed right – say, just before the Oscars, or the Super Bowl – it could force the cable companies to accept outrageous prices just to secure those marquee shows, rather than deal with angry mobs. Rogers and the others aren’t going to have much luck explaining to customers that they’re just trying to keep their bills low." -
http://m.theglobeandmail.com/arts/t...l-gets-its-way/article4170768/?service=mobile
"The cable industry has less flattering names for them. Things like a "tax on free TV," a "cash grab" by the networks, or "trash."" -
http://www.cbc.ca/news/background/tv/carriage-fees.html
Obviously, decisions are being made and completely subject to change based on financial concerns, not property rights. In these difficult negotiations the last thing CBC or the cable/satellite companies need is an absolutely free option - unscrambled
distribution paid by taxes (as Rogers claims).
I would be perfectly happy if CBC went to a user fee model or more reasonably a split between viewer supported and tax. Being a Canadian I would willingly pay directly, being a low income Canadian I won't pay a third party as there is no value added for us.