by: By Phil Jacob From: The Daily Telegraph February 01, 2012 3:39PM OPTUS has today dramatically succeeded in their bid to air live sports via the telco's controversial new mobile TV service. In a win for consumers and fans of all sporting codes around the country, a court found Optus was not in violation of the Copyright Act when it began offering its new "TV Now" service, reported The Daily Telegraph. When handing down his verdict, Justice Steven Rares of the NSW Federal Court found when a user clicked the record button, he or she did no infringe the right holders' copyright in the broadcasts of AFL and NRL games. Justice Rares also found the user of the TV Now service, not Optus , was responsible for any recordings made. "By clicking the play button, the user caused the recording to be streamed from his or her device and only he or she could watch it," Justice Rares said. The verdict comes as a huge blow to the nations top sporting codes, with the decision virtually making worthless Telstra's $153 million "exclusive mobile" deal with the AFL. And with the NRL set to renegotiate their next television rights, analyst tip the decision to cripple any deal by up to a fifth. An Optus spokeswoman Claire Gill today said the decision was a win for consumers. "We are extremely pleased with the decision," Ms Gill said. "People will now be given the choice about when and where they can watch their favourite television shows". TV Now allows customers to record free-to-air television from their smartphone or computer and then watch it on the same devices. The replay can be quick, allowing users to watch shows with a delay of as little as two minutes. Optus's case had centred on provisions in Australia's copyright laws that allow people to ''time-shift'' their viewing so they can record a show and watch it when it suits them. The provision was intended to enable households to record TV shows or movies without breaching the act. Telecommunication analyst Paul Budde of BuddeCorp today said the decision was going to "radically change the entire industry". "What this will now do is force changes to Copyright Law which date back to the 17th century," Mr Budde said. "We need to now take into account the new situation, we donâ€™t need to become criminals, but we need to force copyright holders to change to the new digital media environment or more of these problems will pop up in the future. It's going to be a whole new world for the television industry from now onwards. " Comment is being sought from the relevant sporting bodies and Telstra. http://www.news.com.au/business/breaking-news/live-sport-win-for-optus/story-e6frfkur-1226259701795 If Telstra loses the appeal against Optus then it seems AFL and NRL won't get the financial deal it expected when it comes up. If the NRL doesn't attract big dollars it possible the cap won't go up as expected. All the players waiting for the big bucks from the TV rights may not receive it and clubs who have paid big dollars for players in expectation of a salary cap rise will struggle to come up with the cash.