Optus v NRL: a silver lining for cloud-based services?

Summary

• In Singtel Optus v National Rugby League Investments (No 2), the Federal Court found that Optus, the provider of a cloud-based TV recording service, did not infringe the copyright in the broadcasts recorded on the service.
• The Court held that it was the customer who made the recording and communicated it to their electronic device. Further, this conduct was protected by the "time-shifting" exception in the Copyright Act and was not a "communication to the public" within the scope of the copyright owners' rights
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• For cloud-based service providers, the decision is an opportunity to expand their service offerings in relation to television and radio content.
• For television and radio content owners, the decision significantly diminishes the value of their internet licensing rights.