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Disney+: New user agreement allows ads before movies in all subscriptions

165 pointsby 5h agoconsumerrights.wiki
101 comments
2h agoHN ↗

When we first got Disney + it was a winner in our house, then kids loved what they could watch, there was good family viewing too, and then was a few good shows that my wife and I were interested.

Lately, it has been right down our list. I think my daughter still watches it on occasion, but nothing of note that I want to watch. If we didn't get it for free with our bank account, I'd cancel it. And with adverts, I'd be cancelling in a heartbeat.

Juggling subscriptions has become really expensive lately - but the only one I value is Netflix, but even then I don't feel I get great value from it, we seem to watch far less TV or films this year.

1h agoHN ↗

Same, we had it for about a year, watched everything we wanted. Then after all the missteps they did to dilute the Star Wars franchise we dropped it.

49m agoHN ↗

I recently switched to the Netflix sub with ads. Totally worth it. The non-ads packages are ridiculously expensive now and the ads they show are few and far between.

13m agoHN ↗

long time Netflix user, my experience using Netflix with ads is the opposite. I find watching anything on Netflix unbearable due to frequent ads. I’m about to pull the plug

2h agoHN ↗

Meanwhile pirates don't see any ads. Make this make sense.

1h agoHN ↗

The system discovered that it's always easier to force someone to give you money than to offer something they want to pay for.

2h agoHN ↗

Something I really dislike about modern consumer products is that companies simply don’t care if their decisions leave their customers embittered and feeling negatively about their decisions. It seems like that used to be a salient factor in how firms designed, sold and pitched their wares.

2h agoHN ↗

They've done the calculation. They'll lose X income because of subscribers who leave, and they'll get Y extra income from the ones who remain. If X < Y then implement policy.

2h agoHN ↗

Companies increasingly no longer even care about income.

They care about what boosts investor confidence.

So even if implementing a policy lowers operative income, if the growth in stock value offsets this, aka. number-go-up == true, the policy is implemented.

42m agoHN ↗

It's almost as if making companies responsible for performance of their stock backfired to the tune of "a measure that becomes the goal ceases to be a good measure".

48m agoHN ↗

I’ve worked in a finance department — and this is a very idealistic view of how such decisions get made.

2h agoHN ↗

It depends on the product though. The problem with streaming is that structurally, you have competition (other streaming services) but content wise not so much. If you want to watch Foundation, you need Apple tv. Netflix might have another good SciFi series, but it's not foundation... same for any other movie or series... in a way, people are more open to accept these terms because they want to watch their favorite show. So there is no real competition. And they get away with it because customers accept it.

1h agoHN ↗

Of course there is competition: "piracy". The thing streaming was supposed to (mostly) eliminate by being "legal", easy, not too expensive, ad-free and easy to use while offering a wealth of things to see and hear. It even worked, for a while, in some places. Then they limited what could be seen and heard because of corporate politicking. Then the price went up, just a bit. Then more movies and artists suddenly went dark. Prices were raised again. Terms of use were changed allowing "limited" advertising where there was none before. Prices went up again while disallowing that TV upstairs to partake without buying another subscription. More ads, fewer things to see and hear, price rises, rinse and repeat.

What is that I see in the distance? A ship, right? They hail me, "Ahoy matey, come aboard, arrrrrrrrrrr...."

1h agoHN ↗

This is, however, part of why we're trending towards mandatory ID verification to use the internet+ attempts to illegalize encryption and consumer VPNs.

1h agoHN ↗

VPNs only help you with Bittorrent piracy. The kind where you buy a set-top box is still most easily caught by a police officer seeing you using the box, or selling you the box, not by anything they can do on the internet.

1h agoHN ↗

That is the internet equivalent of fare dodging. Some people are doing it? Not that much of a problem. More people are doing it? See, they'll say it's not worth it anymore to produce expensive shows and movies. And that's it.

I'd rather see a healthy physical media culture again. Hard to enshitify that.

1h agoHN ↗

And that's it.

But there will still be demand for content, and people who are willing to pay for a non-enshittified experience. Piracy is essentially the consumer bargaining chip in an era of unprecedented centralization and monopoly power.

1h agoHN ↗

They should start making good quality products and charging a price people are willing to pay then. Do you realise piracy is just about the only leverage consumers have here?

It's not unprecedented either. Basically every time in history that the common people got rights, it was a reaction to the common people ceasing to give the nobles what the nobles needed, forcing them to the bargaining table.

1h agoHN ↗

The fare-dodging example is valid for recent movies and music but it falters for older stuff where "older" means "older than the original copyright term", i.e. between 18 and 21 years. Beyond that it is more comparable to charging a wind-fee to sailing boats or a current-fee to river runners: taking money for a common good. Copyright has been extended and extended again just to keep people from drawing a cartoon mouse or singing a birthday song and that makes current copyright terms just as piratical as the self-styled internet pirates who have no qualms about releasing movies the day they are premiered.

Here's a fix: bring copyright terms back to something sensible, say 15 years. After that point copyrighted material is free to use for non-commercial purposes. For commercial purposes you still need a licence for another 10-15 years. Beyond that it becomes public domain, no licence required.

1h agoHN ↗

there is no real competition

Totally false. The competition is in what shows people watch. The Pit not available on Netflix? Oh well, I’ll watch something else. There’s plenty of content. People are not subscribing to BritBox just to watch one show the heard was good.

2h agoHN ↗

I think this is the single biggest change making everything worse. Lots of businesses used to care about their own products, since quality and brand image seemed like obviously important things. As the machine ran, and we got better and better at collecting and analyzing data, it became clear that the customer's view of you and your product didn't matter as much as we thought, and in fact it matters less and less the more businesses converge on that idea. But businesses still mostly cared about their own products, because they are run by humans, who tend to care about what they make naturally. However, eventually market forces pushed out normal humans.

1h agoHN ↗

I don’t know if that’s true. Look at the amount of lethal product defects over the last 100 years.

And before the FDA existed, companies were perfectly willing to put formaldehyde in milk, mercury in candy, and arsenic in vegetables.

1h agoHN ↗

Whoa there, next you're going to tell me government action can benefit society

1h agoHN ↗

Those cases are high-profile, and much more common than they should have been, but not common in the context of all products. They are examples of the type of decision-making that I am claiming has increased across the board. Also, those cases are mostly enormous-harm-vs-enormous-profit, whereas now that the same attitude is everywhere, most of the cases are just "make the thing worse", which is way less dramatic but ten thousand times more common.

27m agoHN ↗

There was much more than just the high profile egregious cases though.

Most food adulteration is a quality issue more than a safety problem.

Buy old peas but put a little green coloring in is almost the exact same thinking as let’s replace the metal gears with plastic ones to save a dollar per item. The vast majority of companies doing that didn’t kill or seriously injure anyone.

Companies have always been doing this.

1h agoHN ↗

It's the lack of competition. They know you're not going to stop paying them.

1h agoHN ↗

Even with the lack of competition, shouldn't you have at least some pride on the product your offering? That's really what gets me every time, the fact that many companies actually don't really care about their product and clearly doesn't take any pride in it.

The people making the movies and shows, writes, actors, production crew, all of those, probably do care, but in the management layers at Disney, Netflix, HBO, you name it, they don't seem care about the actual product. While the hell would you work at e.g. Disney, if you don't care about movies, cartoons and stories?

1h agoHN ↗

No, why should they have pride? Having pride is more expensive than not having it, and the ones with pride have been naturally selected out of the market. The people making the movies don't care either, haven't you seen all the complaints about Hollywood becoming a slop factory?

1h agoHN ↗

I don't think it's that. Most people simply don't care.

I'd stop paying them, but it always amazes me just how unbothered the average person is to watch 3 minutes of ads for 10 mins of content. Especially when it comes to platforms like YouTube.

1h agoHN ↗

I think this might be a miscalculation on disney's behalf unless they don't turn it on, on the childrens profiles. Like, I'll watch 5 sections of gaming adds on the last episode of reacher because I'm too cheap to pay the extra 29 dkr before I cancel my subscription anyway, but I canceled Disney the monent they added the advertising to things my children were watching. It wasn't even real advertising, just testing the waters where they'd put a 40ish second add for one of their own movies that you could skip, but I don't want that for my children.

I doubt I'm unique.

56m agoHN ↗

It's because they are monopolists. Copyrights are monopolies, and copyright holders are monopolists.

Abolish copyright and I guarantee they will completely change their attitude.

44m agoHN ↗

Copyright is the cancer of the human culture. Always has been.

2h agoHN ↗

They're turning streaming into regular TV again, absolute nonsense.

2h agoHN ↗

It's like paying for cable back in the day but you also get ads. The sheer audacity they think they can get away with because they consider themselves having a monopoly.

1h agoHN ↗

Back when I had cable it was all like 15 minutes of content blocks separated by 30-minute blocks of ad. Because fuck me, I guess.

1h agoHN ↗

They have a government granted temporary monopoly.

1h agoHN ↗

Permanent monopoly, because you'll always be watching what's current today, not 70 years ago

53m agoHN ↗

Except you can cancel it from the next month with a few clicks.

48m agoHN ↗

Didn't cable have ads too?

The amount of ads I see in life compared to the 90s is still drastically reduced.

58m agoHN ↗

The joke's on them and they probably don't even know it.

Remember that Disney owns the ABC TV broadcast network.

With this move, the regular TV news that has been streaming from abcnews.com and local affiliates for years has finally become inaccessible from all my Windows 11 PCs. This is using clean Windows with Edge only, no 3rd party apps or ad blockers, not relying on anything but good old Windows & Edge to handle security & privacy as well as they can.

Pre-recorded clips still play but not live news any more from ABC News or local station websites.

The same old PCs that played abcnews just fine until recently, and still play everything else at all resolutions.

The live internet streams were regular TV news with regular TV ads as always on their regular websites. No broadcast sports or entertainment programs were included, on the web those time slots were replaced by things like public interest programs from ABC studios. Including the same number of ads as the scheduled in-house news programs.

This hurts the advertisers more than anybody, Disney has now abruptly cut off countless web users who have always been just fine with the traditional 24/7 ads on the ad-supported news, apparently so Disney+ fans can be made more comfortable with any ads being eased in to paid premium programming. Just because they are on the same internet, that's a lot of collateral damage.

If I was an advertiser I would be hitting the ceiling and demanding far lower ad fees from Disney than there was a couple weeks ago. Now that casual random internet viewers have been kicked off the news stream in countless numbers.

2h agoHN ↗

Did anyone actually read the linked wiki in full? It’s basically saying “if there are embedded ads in certain live (likely sports) content we carry you may see them even on an ad-free plan because we don’t have an alternative. Also we might try to promote different tiers of Disney+ itself within the app so to the extent you see that as an ad, that’s an exception to ‘ad-free’”

I’m all for consumer awareness but I’m begging everyone to stop freaking out over prosaic non-issues like this.

1h agoHN ↗

Your link doesn't appear to work for me.

In case folks aren't aware, Disney tried to avoid an allergy-related wrongful death lawsuit from a restaurant at Disney Springs (large publicly available outdoor mall that doesn't even require tickets) because a couple had a Disney+ streaming trial:

https://www.bbc.com/news/articles/c8jl0ekjr0go

1h agoHN ↗

The original lawsuit was spurious to begin with because the restaurant wasn't even operated by Disney.

51m agoHN ↗

Incredibly irrelevant. By asserting their ToS this way, they clearly would have tried to use it in any situation where they had potential liability.

33m agoHN ↗

they clearly would have tried to use it in any situation where they had potential liability.

That's just how lawyers work. They'll try to invoke any defense that's vaguely applicable, just like any plaintiff lawyer will try to invoke any cause of action that's vaguely applicable, like the plaintiffs in this exact case.

20m agoHN ↗

That’s not true in general. Plenty of jurisdictions do not allow you to use contradictory arguments in hopes that one is persuasive.

2h agoHN ↗

Boohoo the billion dollar giant can't do the same thing that regional sports have been doing for the last 20! years with the likes of NFL and Baseball.

Words matter. Words in advertising should matter. The slope is ice when we allow corporations to wordsmith around what they sell you.

1h agoHN ↗

There are a few cases of ads that might not be practical to remove, though most of that would be more like sponsors and ad content that is a part of the show. You can certainly get live sports without ads, though you will of course still have the pauses in the game that allow the ads in the first place. But it's not unusual to see e.g. the halftime in soccer filled with analysis on public television that doesn't allow ads in that circumstance.

And ads for their own services are still ads.

51m agoHN ↗

In most of these cases, you will see a place like D+ carry the same announcers as the TV station. Here Inbet it would be ESPN crews. So having a different, special crew just for ad breaks would not be exactly great. And given the density of ads in, say, the Super Bowl, you would be hard pressed making this a good experience.

1h agoHN ↗

They already run ads for Disney parks, Hulu, ESPN, and other Disney owned content in the Premium tier. They just call them promos or sponsorships in the prior agreement.

The new agreement allegedly introduces a third term “advertisements”.

We’ve clarified that all Service Plans may include: (i) promotional content, (ii) sponsorships, and (iii) advertisements before/after playback of Content and in channels, live/as-live, special events, and any third-party services content.

I say allegedly because I haven’t received any communication from Disney yet but various reporting refers to email people in European markets have received.

https://www.yahoo.com/entertainment/tv/articles/disney-putti...

1h agoHN ↗

I feel like they stopped doing that, but there was definitively ads for other movies and shows because some movies on Disney+, but I haven't seen it in a while. It was pretty badly done, because you'd get confused and assume you'd started the wrong movie, so maybe they rolled it back?

46m agoHN ↗

The quoted text is identical to what I have received in an email from Disney+. I only tend to get a month at a time when I want to watch a given show, but if paying doesn't remove adverts, I'm not going to pay.

1h agoHN ↗

In every large org, including disney, there are people who will fuck with you to the full extent of the terms and laws if they think it can increase profit... they do not care about quality, experience, or morals. I've fought these people about marketing emails at dozens of orgs as a consultant.

I guarantee they will eventually use this to show more ads. The goldfish grows to fit its bowl.

1h agoHN ↗

They don't stop at terms and laws. They stop at what loses money, through customer churn or lawsuits.

55m agoHN ↗

That's why I don't really care that much about terms and conditions. Just because they say they can doesn't mean that they will, conversely, the writing can be misleading to anyone who isn't a specialized lawyer, so most people can't really tell what the terms and condition let them do anyways.

I usually go for reputation and precedent rather then legalese. And in the case of Disney, they had ads in their video tapes and DVDs, so I don't need to read the user agreement to know that it has a good chance to come to Disney+, whatever the legal pathway is.

38m agoHN ↗

Typically the only restraining force is a founder who cares.

33m agoHN ↗

there are execs and product people that care, but it's rare and they often get worn out

32m agoHN ↗

Who they will paint as an asshole in order to get them ejected.

And it will be true because the only way to defeat these people is actually being an asshole.

29m agoHN ↗

look we know 99% of people hate being tracked but we need the data to see if 0.1% or 0.5% people are clicking the links, you've got to be a team player here

1h agoHN ↗

Why can't they remove the embedded ads with AI?

Sheesh ... they're a big company. This should be easy.

1h agoHN ↗

They could. They won't, because those ads are probably - if you excuse a little Claudish - the load-bearing part of the contract that allows them to show the content in the first place.

(More cynical take: the ads are the whole point, the content itself is just a vector to get those ads in front of people, and prime them to be receptive.)

52m agoHN ↗

If you're talking about sports stuff:

1. Now you just have a blank screen. Sure some people might like that but others will think there's an issue with the stream.

2. They're purchasing the rights to show the sports stuff, not actually producing it themselves and removing the ads would make the cost of the rights astronomical.

Even when expensive linear TV packages were the norm, they still came with ads. With live TV paying has never negated the need for ads.

45m agoHN ↗

1. There doesn’t have to be a blank screen. Major League Baseball’s streaming service, for example, plays highlights or a placeholder video saying a commercial break is in progress.

2. What? They own ESPN which is producing the content, right?

Baseball literally has an ad-free tier for its live streaming service. I’m sure it’s not the only live service that does.

None of your points seem well considered. Why run interference for these companies?

1h agoHN ↗

Also we might try to promote different tiers of Disney+ itself within the app so to the extent you see that as an ad, that’s an exception to ‘ad-free’”

Yes I see that as an ad. Do you not? Does anyone not? And if I'm on the highest paying ad free plan, what are they promoting to me?

47m agoHN ↗

I’ve been a paying customer of Dropbox’s consumer plan for over a decade. Each time I visit their website I am greeted with a full page modal ad asking me to upgrade to a different plan I have no use for.

I’ve dismissed it every time. I don’t mind being shown that ad once. But it bothers me that they don’t care enough about my experience using their product to provide a “never show this again” option.

Or just use some metrics to know that if I dismiss it 50 times then maybe I’m not interested.

20m agoHN ↗

Do you want to upgrade now or later? Will you upgrade now or do I need to nag you to death?

43m agoHN ↗

I strongly agree, and it frustrates me when people and companies claim that advertising their own products "doesn't count." I cancelled my YouTube Premium plan because of ads. These are all the ads they permit on Premium, despite advertising everywhere that Premium removes all ads:

* Ads in YouTube feeds for other google products and services.

* Ads underneath videos for products from the channel owner.

* Sponsorships within videos from the channel owner.

* Advertising overlays (supported IN THE APP BY GOOGLE) for products and services from the channel owner.

* Email advertisements for Google products and services.

* Community post advertisements from channel owners which show up in the YouTube feed.

I contacted support to enquire and they state these are not considered advertising.

41m agoHN ↗

I grew up with the Disney channel on cable as a kid in the 90s. Disney channel at that time was ad-free except for cross-promotions for other Disney channel shows, most of which I (as a kid who liked the Disney channel) wanted to know more about. I have HBO Now/max/go/whatever and before most shows there’s a skippable promo for HBO stuff. So yeah, I don’t think this is new and Disney+ as it is now is way more ad-free than either of those, so I’m not surprised they are trying to nudge the status quo back to a historical equilibrium; it’s just what these companies do

I’ll always pay more to see fewer ads. My kids see far, far, far fewer ads than I and my peers did growing up watching linear TV in the 90s and I’m going to keep it that way. If Disney+ gets in the way of that I’ll stop paying them, easy as that.

31m agoHN ↗

Anyone that doesn't see the obvious play here probably wasn't alive when cable was the "ad free" tv option.

These media companies cannot help themselves. Advert money is very tantalizing and they'll always want to find ways to sneak it in whenever and wherever they can.

23m agoHN ↗

One of the most egregious examples of this that's happened to me was with the DVD set of the second or third season of Mad Men. One of the unskippable pre-menu ads was for the next season.

And I didn't know what to say. Either I like the series and I'm going to buy the next season or I don't and I won't.

8m agoHN ↗

I get super bent out of shape when Apple TV+ advertises shows before the one I am trying to watch; even sometimes advertising the show that I am trying to watch itself and spoiling things.

I have actually cancelled my subscription because of this.

5m agoHN ↗

Yeah, those kinds of ads are always aggravating to me because you’re not even making money by showing them to me. They feel like a display of power more than anything else.

5m agoHN ↗

I agree. I noticed recently an ad dorectly inside of 1Password. I’ve paid for a 1Password subscription since 2013, and have had a family plan for many years. I know the company changed hamds several years back after AgileBits sold to VC, but this type of disrespect caused me to cancel my membership. There are plenty of alternatives that haven’t turned their focus to the “Enterprise” and aren’t trying to extract as much money as possible from their paying customers.

51m agoHN ↗

"because we don’t have an alternative"

Ads embedded on the playing field? Sure. Billboards visible or sponsor logos on uniforms? I get it. Actual commercials? This is a solved issue for decades, there are "alternatives" as others have pointed out. This is a "Boiling frog" situation.

49m agoHN ↗

Ads embedded on the playing field? Sure. Billboards visible or sponsor logos on uniforms?

To be honest if I'm paying for no ads I'd be expect to have an option to blur that crap on inpaint it with AI.

Monitors and TVs should have this option.

38m agoHN ↗

I read it more as a contract issue rather than a technical issue

15m agoHN ↗

No, there's nothing really to do. They aren't producing the feed, they're essentially hosting a stream from another broadcaster.

For instance, if you have Paramount+, you can watch sports broadcast by your local CBS station through it. That station is going to be running commercials, Paramount+ has no input on it. The most they can do is run ads over their ads.

I'm assuming there's something similar with Disney+. You can watch your local ABC broadcast or ESPN broadcast of a game, but you're just getting that broadcast as being currently aired.

But even for broadcasts wholly owned and controlled by a streaming platform, like Thursday Night Football on Prime, there are just times when it would be dead air. I don't entirely mind commercials in that instance. Nothing else is going on.

50m agoHN ↗

Guys, guys, tthe cook only turned the boil up a degree or two, ypu cant even feel it!

49m agoHN ↗

Advertising is just a front for the surveillance capitalism/state and the one of foundation to the digital prison system. Of course they want ads on your devices.

39m agoHN ↗

I’m begging everyone to stop freaking out over prosaic non-issues like this.

This fight was lost at least a decade ago. Everything must now be a constant source of outrage

6m agoHN ↗

Whereas you would never stoop to exaggeration or your own contribution to this fight since it’s already lost, right?

23m agoHN ↗

I'd argue that since TiVo, if you're showing ads because "we don't have an alternative", you actually want to show ads or at least won't make any effort to implement a 20 year old technology for the sake of convenience.

17m agoHN ↗

Those are definitely ads and definitely not what I want out of a streaming service I am paying for. This is why I don't use Amazon Prime Video much, even Apple TVs subtle ads for other programs are distasteful and I get Apple TV for free, it still pisses me off.

2h agoHN ↗

In South Africa (and I imagine other countries) they're currently force migrating subscribers over to a "new" app (at least on iOS and tvOS) and your profiles with their respective watchlists is left behind in the old app, no way to migrate / import it into the new one. This isn't even mentioned on their FAQ for the process. A absolutely terrible user experience.

On the bright side the "new" app (which I assume is actually the same as used in the US) seems to not have the following annoying issues of the old one:

- It was impossible to enable auto play on a "kids" profile. As my kids can't use a remote yet I had their profile set to "adult".

- An episode would never be marked as "fully" watched, but this wasn't just a mild annoyance, it would "break" autoplay when re-watching a series because when it started auto playing a next episode which was previously watched, it would "continue" from where you had watched upto (minus about 30 seconds). This results in it cycling through the last 30 seconds of every episode of a show. The easiest way around this I found was to make a new profile every now and again for the kids.

1h agoHN ↗

I've worked for one of these companies as it rolled out a new app. Surprisingly, it didn't seem malicious. It was just platform/framework churn + "we need to unify all these apps into one common codebase"

1h agoHN ↗

I love this use of the word "agreement"

1h agoHN ↗

Disney, after having completely failed to appeal to the next generation, needs to extract as much revenue as they can now

1h agoHN ↗

It literally never fails.

If you pay to avoid ads, you are merely letting them know that you have disposable income to spend on this sort of stuff. You're doing their job for them by segmenting yourself into the upper echelons of the market.

At some point, some shareholder value maximizing CEO is going to show up and notice how much money he's leaving on the table by not advertising to all of those people full of disposable income.

58m agoHN ↗

No it doesn't.

The changes are intended to cover the ads that are in pre-existing non-removable content. Nothing is changing, they're just making it clear that this is happening (or perhaps more unclear, judging by the response here).

57m agoHN ↗

That's sad. I do not want my money to go into ads anywhere. I decided that for my own life, I can do well without propaganda, aka ads. I can not kill ads in reallife, e. g. if a poster shows this on some house, but I can most definitely get rid of it on the www, which I do. Ublock origin is the bare minimum (I can also use it via thorium actually, so via the adChrome code base, but I'd love to be able to de-google myself as well - the sooner the better. Sadly I still depend on Google too much, which does not make me happy. Now that Google ruined its search engine, though, I am looking for viable alternatives. The other search engines are really bad though, although I have increasingly noticed that I get different search results, e. g. qwant shows other things than Google, and in some cases better results using the same search query, which was interesting. Sooner or later I can completely abandon the crap that is modern google search).

25m agoHN ↗

HBO, on their “ad-free” tier shows ads for their own content before almost everything. I reached out to support about this and they said they don’t count those as ads.

These companies are all scum. They shift definitions and make the service worse. I won’t be renewing my subscription to HBO over this (I’m upset I bought a whole year), and I won’t be opting for Disney+ in the future either, as it sounds like they are doing similar things (and more).

To me, “no ads” means “no ads”. I’m done with these technical definitions people come up with in board rooms to subvert customer expectations and erode product quality.

17m agoHN ↗

PSA: Soon german brand AVM will have dns blocking of advertising right in their routers (fritz box). Search the web for Fritz!OS 8.40 if you are interested.

10m agoHN ↗

Use BBC iPlayer and you will see a lot of ads. Just for BBC content.