Optus wins live sports bid for mobile TV

[swoop]

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 don’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.

 

[the mauler]

Parra is fuked if cap doesn't go up.... LOL

 

[swoop]

NRL and AFL likely to appeal Optus court ruling Save this story to read later
From: AAP
February 01, 2012 8:11PM

A FEDERAL court decision allowing Optus to broadcast sports matches online is likely to be appealed by the National Rugby League (NRL) and the Australian Football League (AFL).
Optus won protection from the Federal Court today against the NRL and AFL, which had threatened it with prosecution for allegedly infringing the Copyright Act.
The court ruled that Optus's TV Now service had not breached copyright because it was the users who were responsible for recording the matches and they were made for private and domestic use.
Optus' TV Now allows people to record and watch TV on their mobile phones and PCs.
The AFL's chief operating officer Gillon McLachlan said it was "highly likely" they would appeal the court's decision.
"We maintain that the Optus action is a breach of copyright," he said.
"However, we are only in the pre-season of this issue."
The NRL's director of media and communications John Brady said the court's decision was of major concern as it threatened the very nature of exclusive rights.
"The decision is very likely to be appealed," he said.
"It is a major concern as it clearly has the capacity to devalue the ability of the sports to sell exclusive rights."
Justice Steven Rares said in his judgement that Optus had not infringed copyright in the ways the AFL, NRL and Telstra, which holds an exclusive licence to use NRL and AFL match broadcasts, had alleged.
Telstra said it was "considering all options".
"We believe that protecting content rights is in the interest of Telstra, the sporting codes and sporting fans who ultimately benefit from the investments that flow from broadcast rights," said Telstra spokesperson Craig Middleton.
Mr Middleton denied reports that Telstra would tear up a $153 million contract with the AFL if it lost the Federal Court case.


http://www.news.com.au/business/breaking-news/nrl-and-afl-likely-to-appeal-optus-court-ruling/story-e6frfkur-1226259963227

 

[Chip and Chase]

I think they will probably win on appeal, or at very least force a change in the legislation . 2 minute delay recording is not in the spirit of the exception to the copyright laws that it was intended for . The delay should at least be until the live event is over.

 

[HappilyManly]

This is only for the Channel 9 /freetoair games. So the Foxtel deal is the one that the NRL will need to protect from 2013 to get the main revenue.

The right to timeshift law is not going to change as its fundemental to delivery of content by Broadcasters themselves.

Just shows how inept Telstra Management is in manageing their model. The NBN will make it even more susceptable

Qudos to the Optus Lawyers for finding the point of law. It will help the NRL to protect their product better than the AFL has.

 

[Mals]

Can a tech head please explain to me how this Optus recording functionality works. This just applies to FTA games yeah?

 

[firechild]

Can a tech head please explain to me how this Optus recording functionality works. This just applies to FTA games yeah?

Basically it's a modern version of the old VCR. Instead of recording to a VHS tape, you record digitally to an online storage service. You can then access what you have recorded from anywhere that has an internet connection, including your phone/tablet. However, unlike the VHS, you can start watching almost immediately after the content is recorded meaning that instead of waiting for the show to finish the rewinding the video, you can start watching what is recorded before it has finished. That means a show that is on FTA tv can be recorded and watched on a slight delay from anywhere that has an internet connection. It negates the need for a Telstra subsription if you want to watch a FTA game "live".

 

[WAMF]

Charging to view free to air content on delay, if anything it's profiteering. If any company has the right to provide a service like this it should be the FTA networks, not Optus who have nothing to do with content, just the cloud.

It's a win for Optus and anyone stupid enough to pay for free content, no one else.

 

[Clint]

I'm a bit like Mals. I don't fully understand this. What is the difference between this and just streaming it on the web.
Can all games be accessed live on the web now?

 

[WAMF]

.Can all games be accessed live on the web now?

No mate. That's the technicality. They can't show it live but a 2 min delay has been deemed acceptable and 'legal' by the courts (for the time being anyway).

 

[eagle-rock08]

Is this a conspiracy to try and screw-down the NRL deal that is coming up next year?

Am I just being paranoid?

Wait I need to put my tin-foil hat back on. Ahh that's better.

 

[Clint]

.Can all games be accessed live on the web now?

No mate. That's the technicality. They can't show it live but a 2 min delay has been deemed acceptable and 'legal' by the courts (for the time being anyway).

ok. Cheers WAMF.

 

[Brookie4eva]

.Can all games be accessed live on the web now?

No mate. That's the technicality. They can't show it live but a 2 min delay has been deemed acceptable and 'legal' by the courts (for the time being anyway).

That's a 2 min delay of Neins coverage, which is usually not live even when they claim live.

 

[firechild]

I'm a bit like Mals. I don't fully understand this. What is the difference between this and just streaming it on the web.
Can all games be accessed live on the web now?

The difference between this and just streaming it from the web is that you are recording your own copy and then streaming from your own storage. So the copy you are viewing from your web enabled device is not the same file that is being streamed by someone else. It's like different people recording on their own VCR, the content may be the same but they are different copies. What Optus are providing is basically your own storage space on the internet (as opposed to storing it on your own computer).

 

[manlyfan76]

Surely this win lower the amount that Fox will pay for rights, even if the appeal is successful. (lol parra).

 

[Oneyeagle]

Who cares. I have a "Slingbox" with access to my Free to air and Foxtel on my Mobile phone and Computers at no extra cost. Never missed a game yet no matter where I am around the world. If you love your MWSE's and NRL its a must have. Absolutely huge amonst sport lovers in the US of A.

 

[The Who]

The Galloping Goose is quoted in today's SMH saying that the decision will adversely affect fans. I can't see how.
Sure, it may mean less money for the NRL, thus the salary cap won;t increase quite as much as thought. This will limit the salaries of players and RL officials, such as him. But the only effect on fans, as I see it, will be to allow greater viewing of games, delayed by only a couple of minutes.

 

[HappilyManly]

Surely this win lower the amount that Fox will pay for rights, even if the appeal is successful. (lol parra).

Its only the 3 weekly free to air NRL games that can be 'timeshifted', Foxtel is safe. The FTA showing of National Sport was legislated when Cable TV first came in.

So the only downside would be if the 3 FTA could sell advertising without Sport,then they would not need to pay licence fees to the NRL etc- this can not happen

Any PVR attached to the new TVs has been able to record the unencrypted TV Channels all along.

Maybe Optus actively marketed this old feature for their new App, and the Lawyers saw an opportunity to bleed the Media Cos again.

Digital era and affordable/speedy data transfer rates are the new paradigm for Content Providers.

If the NRL had savvy Media people, they would set up a new Network like ESPN. Then they could reap in the licence fees for every showing of a game.
Im always bewildered by the lack of News Ltd's management of the game into the future :huh:
Gallop's comment a case in point.

Channel 9's treatment of the Storm audience gave Optus a heads up too. Now they can watch games in Family Friendly times

#OccupyTheCloud

 

[Masked Eagle]

The Galloping Goose is quoted in today's SMH saying that the decision will adversely affect fans. I can't see how.
Sure, it may mean less money for the NRL, thus the salary cap won;t increase quite as much as thought. This will limit the salaries of players and RL officials, such as him. But the only effect on fans, as I see it, will be to allow greater viewing of games, delayed by only a couple of minutes.

It effects the fans if the game gets less money. Do you think the games admin will take a paycut before they cut worthwhile development programs?

 

[The Who]

The Galloping Goose is quoted in today's SMH saying that the decision will adversely affect fans. I can't see how.
Sure, it may mean less money for the NRL, thus the salary cap won;t increase quite as much as thought. This will limit the salaries of players and RL officials, such as him. But the only effect on fans, as I see it, will be to allow greater viewing of games, delayed by only a couple of minutes.

It effects the fans if the game gets less money. Do you think the games admin will take a paycut before they cut worthwhile development programs?

You could be right. But I wonder just how much money is the NRL putting into development programs? From what I read it's less than ever. They don;t seem to support country RL any more, and I think funding junior RL is not what it was.
I'm sure the overwhelming bulk of NRL funding goes into player salaries. Just because you pay players more doesn't mean they are better players, or the standard is higher.
Will Hopoate be a better player on $800,000 at Parramatta than he was when a $200,000? player at Manly?