Optus seeks court ruling on TV Now
Optus is seeking a court ruling that its new "cloud" service recording TV does not breach copyright of others such as AFL and NRL.
- Published by David Knox
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Optus (those folk who used to run Optus TV once upon a time!) has launched pre-emptive court action with the Federal Court, seeking a ruling on TV Now, its new service that allows people to record TV and watch it later on their computers or mobile phones.
The NRL and AFL has complained that the new service could be used to record matches which could be a copyright breach of their online rights.
The service allows users to record free-to-air TV programs on Optus’s computer servers, then view them within 30 days using a web browser. The “cloud” service is available for Optus customers at rates of $0 – $9.99.
Optus said it believes the complaints are ”groundless”, and has asked the Federal Court for a declaration that its service is lawful.
The company says its service is no different to using personal video recorders like Foxtel’s iQ to watch programs later.
In June Nine halted plans for its iPad app, Nine Extra, due to the threat of legal challenges by Telstra.
Source: smh.com.au
6 Responses
Optus are kidding themselves in what is a clear infringement, but good on them for at least making an attempt to shake up our archaic laws.
the AFL is only kicking up a stink because they earn so much money from selling the rights the games to foxtel and free to air. they wont want to loose any viewers because it will decrease how much they can make the networks pay for the rights.
More luddites attempting to hold back the tide. perhaps I’m missing some subtlety here but I fail to see what difference it makes which device you watch a pre-recorded program on. If you can record a show on your VCR/PVR/USB in STB and then watch it later on your TV or laptop, I don’t think this is really any different.
If you could watch a program that someone else had recorded, that would be the game-changer.
Bazza – in Australia, it was certainly not resolved legally. Really until the 2006 amendments to the Copyright Act, time shifting was copyright infringing. Section 111 is very narrow; the place-shifting nature of the service or that it is a orchestrated by a commercial enterprise could easily put it outside of the time shifting provisions.
There’s also sections that allow you to make private format-shifted duplicates of sound recordings (except for downloaded sound recordings – go figure) and films. However, the film provisions refer explicitly to video tape. This may be a holdover from the 1999 amendments (which were all very much about granting rights to consumers for analogue copies, while expressly forbidding digital copies). Or it may be intentional.
So, seeking a declaration is prudent. But even if they gain what they want, it’s not a unassaultable legal shield.
There is no way with the laws the way they are now that Optus could hope to get away with a cloud based tv recording service.
You’re kidding? This was resolved many many years ago when VCRs first hit the scene. Do they expect a different result just for football?