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Optus TV battle could take 2 years: AFL

By AAP on February 3rd, 2012 

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telcos, optus, tv now, copyright

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Talkback

The Optus TV Now system is no different to using a PVR to time shift the viewing of a TV program. The only difference is that it is in the cloud.

The real problem is that the content owners want to multi dip in selling their content. They don't give a fig about the fans who want to watch the coverage only what they can earn from distribution rights. They have already sold the rights to the TV stations to broadcast. They then have the hide to sell the same broadcast rights to Telstra.

What they now want to do is dictate to the fans how when and where they are going to be able to view that content.

If there is any change in the law necessary then it is to protect the consumer not the rapacious sporting bodies and others who want to sell the same content at exorbitant prices, multiple times in different formats.

One can only hope that the Courts and the Parliament recognise that the person really effected by this fight is the "man in the street" and ensure that his voice is heard.

brownbear1947brownbear1947 February 3rd, 2012
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brownbear,

The truth of the matter is that the content owners rightly sold its rights to the TV stations to broadcast the content to its viewers.

To keep up with modern technology, the Copyright Act was structured to allow viewers to personally 'time shift' their individual viewing without fear of Copyright prosecution so long as the viewer does no peddle the recording.

Optus, as usual, cherry picked the broadcast for its gain and nothing to do with helping "the man in the street"

Cheers mate.

Vasso MassonicVasso Massonic February 3rd, 2012
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Moreover, the Optus action does not help the players or fans.

See, Courtesy: SMH. com

http://www.smh.com.au/rugby-league/league-news/gallop-call-on-screen-rights-to-hit-players-fans-20120202-1qvnq.html

Vasso MassonicVasso Massonic February 3rd, 2012
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The truth of the matter is Vasso is that the content owners sold each of the games exclusively to one particular TV network and then went and sold the exact same games to an ISP for distribution exclusively on the internet. If an IPTV provider had a deal to broadcast a free to air channel over the internet and a football game was being broadcast by the TV station then Telstra would no longer have exclusive rights on the internet to that football game. I think that there was always a potential for conflict here and it has turned around and bit the content owners squarely and deservedly on the bum. To put it simply the sporting bodies got too greedy.

The exclusion in the Copyright Act for recording material for personal use didn't happen by accident. It was a response to copyright holders trying to stop people using video recorders to time shift. It was put in to the Act because of the rights holders greed. Just because the video recorder has transformed to a cloud service these rights holders seem to think they can have another try at dictating when and how "joe public" can access the material. They are just plain greedy

brownbear1947brownbear1947 February 3rd, 2012
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I take your point, It's a toss between greed and larceny. Whatever happens Optus will not continue with its ill gotten gains.

Vasso MassonicVasso Massonic February 3rd, 2012
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The Optus TV Now service seems to be essentially the functional equivalent of paying a mate to come over to your house, put a tape in the VCR and record a show for you, then drive it out to wherever you are (on the train, at the office, etc) for you to watch, but more efficient. In this scenario you wouldn't expect the mate to pay a proportion of his earnings to the rights holders, they're providing a service that is independent of copyright issues, namely recording a free-to-air show and transporting it. The same logic applies to Optus.

I would say that Optus has cleverly identified a business opportunity. The same could be said of the AFL and NRL with regards to demanding rights for each platform their content is distributed on. It's unfortunate for them that the technology landscape and the framework of the Copyright Act means that there is legal overlap in platform content delivery, whereas their business model requires that there not be. Tough luck I guess.

Perhaps this decision heralds what the business model for video-on-demand might look like in the future: A basic Optus TV Now-like service where people can record free-to-air shows from the current tv guide as they go, *including ads*, store them in the cloud indefinitely, and watch them whenever, wherever and however many times they want. And a premium service where ISPs and other carriers buy access to a television network's archive of shows and perform the same service for customers, except without ads and with a greater backlist of content. Unlike the basic service, the premium service would provide revenue to the networks, which in turn would trickle down to the content rights holders. If the pricing point was selected so that convenience won out over cost then this model would probably do a lot to reduce piracy.

redroverredrover February 3rd, 2012
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