Optus Wins TV Now litigation »
By philsandberg on Feb 2, 2012 in Australia, Media in the Cloud, Television | Comments Off
Federal Court Justice Steven Rares has found in favour of Optus in the copyright litigation regarding its TV Now service. The finding concluded that the service did not infringe on the copyright of the NRL, AFL and Telstra, the rightsholders in the matter.
Allowing customers to record free-to-air TV and storing them on Optus’ cloud platform, the TV Now service the streams the program at a later time. Theses recordings were argued to be unauthorized by Telstra and the sports organizsations. Optus argued that it was their users making the recordings, not Optus itself, and that playback of these did not infringe copyright because they fell within the section 111 exception for recording broadcasts for private or domestic use.
Justice Rares considered seven separate issues. His findings included that the individual users were the ones that committed the act that brought about the recording and that such a recording did fall within the section 111 exception.
“The Copyright Act was amended in 2006 to allow this type of innovation and we are very pleased the Court has confirmed this,” said, Clare Gill, Optus general manager of corporate and government affairs. “Convergence is upon us and we needed to ensure Australians have the choice, convenience and flexibility to access content when and where they want.”
Telstra and both the NRL and AFL are expected to appeal the decision to the Full Federal Court.
