[LINK] Optus TV Not Anymore

Richard Chirgwin rchirgwin at ozemail.com.au
Fri Apr 27 12:36:43 AEST 2012


My take:
http://www.theregister.co.uk/2012/04/27/optus_tv_now_commentary/

In short, from my not-a-lawyer reading of the judgment.

1. Optus worked so hard to create a great system, that it could not 
escape the construction that it took part in the recording.

2. "[D]ifferent relationships and differing technologies may well yield 
different conclusions to the “who makes the copy” question." - Par 100. 
This seems to say "not all such services would be a breach of the Act."


RC

On 27/04/12 10:10 AM, Kimberley Heitman wrote:
> The full Federal Court has ruled that the Optus TV Now service can't claim
> to come under the personal time-shift exemption of the Copyright Act as it's
> Optus, or Optus and the customer, making the recording on the Cloud. The
> primary judge had ruled the service was legal because the customer, not
> Optus, made the recording.
>
> http://www.austlii.edu.au/au/cases/cth/FCAFC/2012/59.html
>
> -----------------------
> Kimberley James Heitman
> www.kheitman.com
> -----------------------
>
> _______________________________________________
> Link mailing list
> Link at mailman.anu.edu.au
> http://mailman.anu.edu.au/mailman/listinfo/link
>





More information about the Link mailing list