The Federal Court’s decision to prohibit Optus customers from recording and watching football matches on delay has been welcomed by AFL chief executive Andrew Demetriou.
An appeal was won on Friday by the AFL, NRL, and Telstra against a previous ruling that permitted Optus customers
to utilize the TV Now service for recording matches and accessing them on their PCs, phones, and other devices.
The appeals initiated by the AFL, NRL, and Telstra were upheld by Federal Court justices Desmond Finn, Arthur Emmett, and Annabelle Bennett.
Justice Finn stated in the Federal Court that as the creator of the recordings, Optus was infringing copyright laws.
Earlier in February, a ruling determined that the TV Now service was not in violation of copyright laws because the customers were accountable for the recordings—akin to an individual using a video or digital recorder. Consequently, TV Now was exempt from the Copyright Act.
According to Justice Finn, Optus could not employ the “private and domestic use” defense to evade the Copyright Act, thus necessitating the upholding of the appeals.
Demetriou expressed that the judges made a rational decision, reaffirming the firm position taken by the leagues and Telstra.
He highlighted that it safeguards the $153 million rights deal that Telstra holds with the AFL.
“It’s a tremendous victory,” Demetriou remarked to 3AW.
“This is not just a win for us; it’s a triumph for our funding and all that we invest in grassroots initiatives, as we depend on the funding from these rights.”
“We are extremely grateful that the three esteemed judges unanimously supported the decision, and commonsense has prevailed.”
Demetriou asserted that he believed Optus acted unethically and must cease providing a service they didn’t compensate for.
“This validates our position; it’s a very reasonable ruling, especially for all sports that depend on this funding,” he remarked.
Telstra also expressed approval of the ruling.
“This ruling is an excellent outcome for all those concerned about the financial stability of Australian sport,” stated a spokesman.
“It guarantees that sports organizations, as well as Australian content owners in general, are able to obtain a fair return from their assets.”
by Buford Balony
