AFL files notice of appeal in Optus case

10 Feb 2012, 4:08 pm   -   Source: AAP
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The league's notice of appeal, filed in the Federal Court, said Justice Steven Rares erred in his judgement. (AAP)

The league's notice of appeal, filed in the Federal Court, said Justice Steven Rares erred in his judgement. (AAP)

The AFL has filed a notice of appeal in the Federal Court after losing a court battle to prevent Optus offering its TV Now service.

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The Australian Football League (AFL) has filed a notice of appeal in the Federal Court after losing a court battle to prevent Optus offering its TV Now service.

The league's notice of appeal, filed in the Federal Court on Friday, said Justice Steven Rares erred in his judgement.

A hearing has been set down for April 18.

In a landmark ruling on February 1, the Federal Court found Optus did not breach copyright by allowing its customers to record free-to-air television programs on mobile devices and watch them on a slight delay.

Prior to the judgement, the court had already granted leave to appeal to the full Federal Court.

In the case, the AFL, National Rugby League (NRL) and Telstra Corporation argued the Optus TV Now service infringed their copyright in respect to AFL and NRL matches.

Telstra currently held the mobile and online rights to the two football leagues.

In his ruling, Justice Rares found TV Now users had themselves made the recording of the matches, similar to when a person used a video or digital recorder.

The judge also found the recordings were being made for private and domestic use and that users were responsible for making available the recording, not Optus.

This was allowed under an exception in the Copyright Act.

The AFL said it disagreed with Justice Rares's finding.

"The judge erred in finding that the service that Optus TV Now offers the user is substantially no different from a VCR or DVR," the notice of filing said.

The AFL sought to have Justice Rares's orders set aside and a permanent injunction preventing Optus from broadcasting AFL matches on its TV Now service.

The ruling from Justice Rares has, according to some media experts, put in doubt Telstra's $153 million, five-year deal for the online and mobile rights for AFL matches.

Telstra chief executive David Thodey said on Thursday the telco was in close dialogue with the AFL and NRL.

"The bottom line is that we have a long relationship with the AFL and I know that we will continue to drive value from that contract," Mr Thodey said.

"We are pleased with the contract we have with the AFL."

At 1534 AEDT, Telstra shares were up 3.5 cents at $3.405, while Optus owner Singapore Telecommunications was down two cents at $2.27.

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