As you will have no doubt heard on TV and talkback radio, and
read in just about every news publication in Australia, the
Australian Courts have said that Optus' TV Now recording
product is legit. It doesn't infringe the AFL's copyright
in AFL game broadcasts because of what's called the
time-shifting exception in the Copyright Act.
Optus heralded this victory as "a major win for consumers,
innovation and the law".
The AFL has made it pretty clear that they don't agree, with
a certain Mr Demetriou of the AFL telling anyone who will listen
that the TV Now service is "akin to stealing" and that
Optus is "lifting" content from the AFL and not paying
for it.
On the back of their win Optus thought they'd get one up on
the AFL, and take them to Court in a bid to stop them from making
the statements, which Optus said were misleading or deceptive.
