Optus Vs The AFL And NRL Is The Next Big Tech Legal Battle

Gizmodo AU

First, there was iiNet vs AFACT. Then there was Apple vs Samsung. And now, it seems the next big lawsuit around technology is going to be Optus taking on the AFL and NRL around its time-shift streaming service, TV Now.

Essentially, the NRL and AFL are miffed that the service rebroadcasts its matches over the internet to paying customers within two minutes of the live broadcast, despite Telstra paying a crapload of money for the exclusive broadcast rights online.

Optus kickstarted the legal proceedings with a pre-emptive strike back in September, relying on the time-shifting provisions in the copyright act to defend its TV streaming service. Naturally, the two football codes and Telstra have weighed in with counter suits to keep the legal battle merry-go-round spinning.

The trial is set to start on December 19, with a counterclaim for damages for the AFL/NRL thrown out over the weekend.

It looks like 2012 is going to be another bumper year for Australian lawyers…

[ZDNet]

Discuss

(11 Comments)
  • [–]

    LexMedia Australia

    Monday, December 12, 2011 at 9:18 AM

    On an academic note, there are few better indications that convergence is challenging the traditional understanding of the nexus between content and carriage device. On a commercial note, this issue does highlight the inherent risks in purchasing rights from rights holders in a technical environment where the intended viewing window of such content cannot necessarily be secured.

    http://www.lexmedia.com.au/2011/10/telstra-proposes-to-challenge-copyright.html

  • [–]

    Sam

    Monday, December 12, 2011 at 9:33 AM

    Current NRL broadcast conditions are a joke. For Australian residents, your dependant on Channel 9 and affiliates picking and choosing what they want; and then treating fans with contempt by delaying the game for up to two hours in local markets, and until some ungodly hour of the morning if you’re unfortunate enough to live outside of NSW or QLD.

    Adding insult to injury, these three games a week aren’t even broadcast on FoxSports until the Nine’s coverage has completed – and thats assuming you want to pay a small fortune for all the additional content on Pay TV most of us wouldn’t even watch.

    When it comes to internet content, there isn’t ANY local option to live stream content within Australia (that I’m aware of) – LiveNRL.TV offers some content, but from reports I’ve heard game coverage is often flaky, and in any case, it’s IP blocked to regions outside Australia anyway.

    I’d happy pay-per-view to have access to sport, but the current system is draconian and beyond a joke.

    • [–]

      cayal

      Monday, December 12, 2011 at 10:29 AM

      I agree. I hate that I miss Storm games or that they are too scared to put it on Prime-time.

    • [–]

      Sam

      Monday, December 12, 2011 at 10:34 AM

      …wow grammar-error city. Should have proof read :P

    • [–]

      InformedGamer

      Monday, December 12, 2011 at 11:15 AM

      Great point.
      I got so sick of turning the TV on Sunday at 2pm and learning that despite having Channel 9, and 3 FoxSports channel, it was impossible to watch an NRL game live.

      Additionally, I’d love to see some HD free to air!

    • [–]

      Pmac

      Monday, December 12, 2011 at 5:33 PM

      Yes, this is why P2P services are all over the internet.

      Tigers are playing at 3PM in Sydney. My only option is to wait to 4PM to watch the channel 9 telecast jam packed with ads …. or load up a P2p site and watch the live telecast, streamed from Setanta in Ireland live on my PC.

      Unbelievable isn’t it – they will show it live in Ireland but not locally. F that.

      • [–]

        Sam

        Monday, December 12, 2011 at 10:03 PM

        In my experience, pirate broadcasts (via p2p, justin.tv, veetle, etc) are at best unreliable for coverage, and at worst poor quality.

        Though I’m happy to be corrected on that :)

  • [–]

    jeremy

    Monday, December 12, 2011 at 12:22 PM

    I for one am happy to see sports go back the the pre-packer/murdoch era of “community sports clubs”, but the reality if that those deals are what funds the AFL/NRL structure as it stands, with flashy broadcasts with tons of camera angles, comfy stadiums, big player wages, coaches etc. If these multimedia deals fall through thanks to this exemption, well that is less money to go arround, pure and simple. Free TV, or pay tv for that matter, will probably never guarentee you every match – it has got better over the years, even if the “in my day” crowd claim otherwise. Telstra is actually trying to fix that online/mobile, but as usual people think that all should be free despite the very real costs and accessable for naught by people who choose to buy cheaper access products. If you want to support your team, go to the frigging matches :-) else, well stop winging.

    • [–]

      Robert (B-ob)

      Monday, December 12, 2011 at 1:43 PM

      “Free TV, or pay tv for that matter…”

      Except that (at least in the case of AFL) Pay TV (Foxtel) /is/ guaranteeing you every match.

      • [–]

        Antonia

        Monday, December 12, 2011 at 2:51 PM

        In my day you could get into a rugby league grand final without having to buy a season ticket or to be a rich capitalist’s lapdog.

  • [–]

    Michael

    Monday, December 12, 2011 at 5:12 PM

    Back in my day, I didn’t care. I still don’t.

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