[LINK] Optus TV Not Anymore

[Richard Chirgwin]

On 27/04/12 1:03 PM, Brendan wrote:
> On 04/27/2012 12:36 PM, Richard Chirgwin wrote:
>> 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."
>>
> Yes, the obvious question to ask here is: are Australian cloud based services now doomed?
>
> The argument in support of the ARL case has been pretty poor - we need this decision because we'll make a lot of money from it (?!)  What approach is that to policy?
I don't think cloud services in general are doomed. But I wouldn't want 
to be www.beem.tv or www.mytvr.com.au - particularly the latter which 
touts a near-real-time iPhone app.

But (say) Ninefold doesn't have an infrastructure purpose-built to 
record TV programs; infringement in that case would put the onus back on 
the customer. The purpose of the Optus infrastructure seems to have held 
some weight with the judges, in reviewing the prior decision.

IANAL and all, but the Twitter "Dropbox will leave Australia over this" 
meme I found to be a bit over the top. More than that: it was 
attention-seeking and ambulance-chasing by people who wanted to say 
something quotable for the press.

RC
>
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