Optus has won its bid to air live sports content via its TV Now mobile TV service. This week, the New South Wales Federal Court found Optus did not breach the Copyright Act by showing last year’s NRL and AFL matches live online with TV Now. The mobile service lets Optus customers record free-to-air television from their smartphone or computer and watch it on the same devices with a delay as little as two minutes. Justice Steven Rares cited “time-shifting provisions” in the Copyright Act that let consumers record shows and watch them later. He found the user of the TV Now service, not Optus, was responsible for any recordings made, and that Optus did not breach any copyright related to Telstra’s deal with the NRL and AFL. “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,” said Rares. Any appeal against the judgment is not likely until after the NRL and AFL seasons start next month.
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