Here’s a new twist in the Optus TV Now saga: Optus is taking legal action against AFL CEO Andrew Demetriou for saying that the service allows viewers to “steal” content.
Picture by Robert Cianflone/Getty Images
In a weekend interview with the Herald Sun, Demetriou encouraged AFL fans to not use Optus, saying that the TV Now service was a form of “stealing”. That wasn’t what the Federal Court found in its initial judgement earlier this month, but the case has been appealed and there’s lots of noise about changing the law so that sports can continue to make millions of dollars selling TV rights.
And now there’s another court case in the mix. Here’s Optus’ statement (from its corporate and government affairs GM Clare Gill) confirming its plans for legal action:
Optus believes the recent statements made by Mr Demetriou in the Herald Sun are misleading and deceptive in relation to stealing and lifting content. are disappointed to see the AFL continue this line and as a result Optus is taking the relevant legal action to defend our name. Optus is simply providing a recording and storage service that enables Australians to play back Free to Air TV content, including all associated advertising, at a time more convenient. As the court upheld on 1 February 2012, all Australians are entitled to use personal video recording devices such as these and to suggest otherwise is misrepresenting what this case about. Optus will continue to defend what we believe are the rights of our consumers now and into the future.
It’s days like these I regret not taking a law degree.
Blake
Thursday, February 23, 2012 at 9:55 AMYeah I think I’d have to agree with Optus’ actions here.
The courts said ‘this is fine’, so the AFL, not content with the decision, are calling Optus criminals and actively trying to hurt their business.
Optus’ service is just an evolution of tv, every viewer is still a ‘tv’ viewer, the AFL need to suck it up and just bump up the cost of tv broadcast rights next time the contract is up.
David
Thursday, February 23, 2012 at 10:00 AMI also agree with Optus.
The AFL need to respect the court’s decisions and accept that how people watch content changes with changing technology or they risk being in the same sinking boat as the record and film producers.
attila
Thursday, February 23, 2012 at 10:04 AMI reckon the AFL is used to being in dictatorial control – where any coach, player etc who says anything deemed (by the AFL) to be bad is immediately fined, but the AFL honchos can do what they like. They may now find out that outside their own bubble different rules apply.
Grim
Thursday, February 23, 2012 at 10:09 AMEven just calling it “stealing” is ridiculous. The content didn’t go anyway. It wasn’t denied to others.
Why even focus on Optus? If it’s any old PVR, attack them all. Just make sure to call it what it really would be – if the courts didn’t already tell you it wasn’t – copyright infringement.
Dan Miller
Thursday, February 23, 2012 at 10:25 AMThe AFL should just let this go. Someone is going to get hurt and it won’t be Optus.
Shane Pike
Thursday, February 23, 2012 at 10:29 AMFootball is a corrupt “industry”. I fully expect this sort of garbage from AFL bosses.
smith
Thursday, February 23, 2012 at 3:42 PMThank you for today’s statement which you can’t prove. Of course, if you can, go right ahead. We’d love to read it.
Just This Guy ...
Thursday, February 23, 2012 at 4:19 PMDo you not read the news other than what’s posted on Giz?
Heard of the recent betting scandals etc?
smith
Friday, February 24, 2012 at 2:10 AMThe actions of a few individuals do not make an entire competition/industry corrupt. If your best friend is a criminal, does that prove that you are also one? All I said was that I’d like to see him prove his statement. Your example doesn’t improve his case.
Miko
Thursday, February 23, 2012 at 10:36 AMAndrew Demetriou is right for taking Optus to court. If your going to broadcast a serivce to viewers you must pay a fee to the provider
Cameron
Thursday, February 23, 2012 at 12:14 PMOptus are not broadcasting ANYTHING. They are providing a PVR service to customers who buy it. What you choose to record with that service is entirely up to you. You could record, I love Lucy re-runs, Masterchef, Infomercials, Football, Video Hits, whatever you want. You can then play back this recording at a time that suits you. This is the same as how devices such as TiVo’s and TV’s with built in PVR’s operate. There is no broadcast aspect.
Just This Guy ...
Thursday, February 23, 2012 at 4:20 PMHe has NO right to suggest that Optus are stealing anything.
And it’s Optus taking HIM to court for libel.
Inappropriate Kangaroo
Thursday, February 23, 2012 at 10:39 AMOptus are the biggest pirates in Australia currently , but they can do it legally. As the old saying goes , “its only a rort if your not in on it.”
What they are doing is clearly using a loophole to broadcast and profit from a product someone else is paying for and developing. It would be like David Jones going into a Myer store with its cash registers and accepting payment for Myer owned product.
Optus have the rort , it may be legal , but it should be exposed and frowned upon as a practice. If we dont stop this type of “legal” content supply it will get to the point where content wont be made as you get no return from it.
zwonker
Thursday, February 23, 2012 at 10:47 AMthat myers/dj analogy sucked… no court said it was ok to do that.. Compare apples with apples please.
Yes, Optus is using a loophole, don’t shoot them for that. We all try to find loopholes to get ahead in life, except the extraordinaire people out there with REAL talent. AFL can’t go out and start name calling just because they’re not happy. Suck it up.
Inappropriate Kangaroo
Thursday, February 23, 2012 at 10:52 AMI am comparing apples with apples , it is eactly the same process of concept theft. What I am saying is that Optus can do it legally which I believe is seriously flawed.
Finding loopholes to steal millions of dollars should not be where we should head as a society. Anyone who thinks it is clearly is an idiot.
David
Thursday, February 23, 2012 at 11:15 AMThey’re not stealing anything and calling this a loophole or technicality is at the very least deliberately misleading. I suspect a lot of the misunderstanding comes from the outright lies AFL/Telstra figures are pushing about what Optus are doing.
What Optus are actually doing is providing a cloud based FTA TV recording service – no different in concept to a PVR/VCR. That’s more or less exactly why the copyright timeshifting provisions were added for and why they won the first case. Optus made a PVR with cloud storage instead of a local hard disk. That’s it, there’s nothing even remotely illegal or immoral about that.
Optus are NOT rebroadcasting any more than someone manufacturing a PVR is, and saying they profit from it is true – but no more true than said PVR manufacturer profits from when you buy their product. Are they stealing as well?
Inappropriate Kangaroo
Thursday, February 23, 2012 at 12:33 PMNo the difference is that Telstra has a service that it paid exclusive rights to that enables you to watch games on the Internet live. Optus has come through the back door through a loophole in Australian copyright law to show games virtually live on the internet , thus negating Telstras exclusivity.
Its like those shonky bastards that sell Billaborg tshirts or Louis Vittun bags.
Cameron
Thursday, February 23, 2012 at 12:42 PMOptus are not selling AFL games live broadcast over the internet. They are selling a PVR service. What people record is entirely up to them. If the AFL have problems with that they need to take it up with the end users as they are the people deciding what to record, and when to watch it.
Cameron
Thursday, February 23, 2012 at 12:08 PMWhat???? That is utterly ridiculous what you’ve just described and wildly inaccurate.
The correct analogy is Optus selling a VCR to people. All they are doing is providing a service for people to record TV and play it back later. You can do the same thing with a TiVo, most Media Centre PC’s, or even a VCR if you want to go through the hassles of dealing with tapes in this day and age.
Optus do not broadcast anything. They playback recorded TV that the customer has CHOSEN to record off their own back, ad’s and all.
kdog
Thursday, February 23, 2012 at 11:01 AMThis needs to be turned on it’s head. What we need is for Optus to absorb ALL content that relates to AwFuL so that it simply goes away. I would pay for that
Kevin
Thursday, February 23, 2012 at 11:17 AMI think the key point here is that Optus is taking a product that is free to the general public and then creating a means to sell it back to the public. They have no real rights to this content. PVRs are fine in themselves but it’s once you make the decision to start selling what you’ve recorded that it becomes an issue.
David
Thursday, February 23, 2012 at 11:21 AMThey’re selling a service (cloud PVR), not the content – just as PVR manufacturers are selling a device, not the content you’re going to record. Big difference.
Cameron
Thursday, February 23, 2012 at 12:09 PMThe content isn’t for sale at all. You can’t go to Optus and say I’d like to buy this AFL game played last weekend. You buy access to a PVR service, and you can choose to record a game for you to play back later. Optus makes no decisions on the content recorded or when it’s played back.
StevoTheDevo
Thursday, February 23, 2012 at 12:36 PMIt’s also important to note that the service is not solely available for recording AFL matches.
AND that there exist devices that allow individuals to do exactly what this service does. I don’t recall the AFL calling Slingbox owners theives!
poedgirl
Thursday, February 23, 2012 at 12:17 PMI love how the only 2 negative comments were posted within 3 minutes of each other. AFL got wind of this story and had to put their 2c in?
As for their arguments, they are stupid. Optus is NOT broadcasting. The term “broadcasting” means they are sending it to many people at once, they are not. They are simply sending your own recorded TV to you.
I really don’t see what the big deal here is. Only 4 games per round are on FTA TV. This means that the Telstra deal still wins for football fans. The only way to get all matches live on your mobile device is still with Telstra.
Shane Pike
Friday, March 16, 2012 at 1:25 PMC’mon everyone. We’re not talking about anything important here. We’re talking about balls. There are far more interesting things to be pre-occupied in this world than balls. I mean, how slow can ya go?