Optus to seek TV Now High Court appeal

10 May 2012:  Optus intends to ask the High Court to hear an appeal of the judgment that decided its TV-recording app TV Now breaches the copyright of Australia’s biggest sporting codes.  Optus TV Now allowed customers to use Optus’ storage cloud to schedule, record and play back 15 channels of free-to-air digital TV from a 3G mobile or PC.

Last month, the full bench of the Federal Court upheld complaints made by the National Rugby League (NRL), the Australian Football League (AFL) and Telstra that the recordings of football broadcasts are not covered by time-shifting provisions in the Copyright Act, because it is Optus, or Optus and the customer jointly, making those recordings.  Optus has suspended the service as a result.

Full story here.  See Nicholls Legal’s casenote on the decision here.

Contact Matthew Nicholls (ph: +61 3 8376 7131) to discuss your requirements.