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Analysis, Gadgets - Monday, February 6, 2012 11:14 - 6 Comments
AFL rights: Optus, Telstra in a techno-legal time warp
This article is by Martin Hirst, an associate professor at Deakin University. It was first published on The Conversation and is re-published here with permission.
analysis Telecommunications giant Optus managed to convince the Federal Court in Sydney this week that there’s a legal blindspot in relation to its download pay-per-view service.
Telstra – given its business relationship with The National Rugby League (NRL) and Australian Football League (NFL) – had tried to prevent Optus from recording and re-broadcasting matches screened on free-to-air television. But Justice Steven Rares found Optus’s mobile television service didn’t breach the Copyright Act for a couple of reasons: Optus keeps separate recordings for each customer, and individual customers are responsible for requesting the recordings. So what’s going on here?
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