AFL chief executive Andrew Demetriou says the Federal Court's ruling that Optus has breached copyright law in broadcasting near live AFL and NRL matches is a victory for Australian sport.
The full bench of the Federal Court of Appeal granted an appeal this morning launched by the AFL, NRL and Telstra against a previous decision that had allowed Optus to broadcast near live matches on its TV Now service.
The Federal Court ruling, handed down in February, had allowed Optus users to watch AFL and NRL fixtures via video streams on mobile devices as close to two minutes behind the live TV broadcast.
The court had ruled that it was the user, as the subscriber, and not Optus who was responsible for streaming the coverage.
The AFL and NRL appealed the decision, arguing it devalued their broadcast rights details. Telstra also appealed, in light of the fact it paid more than $150 million for the right to stream AFL matches on the internet.
The Federal Court of Appeal stated today it was Optus, as well as the user, who was responsible for the recording of matches and therefore it had breached copyright law.
Demetriou says it is not just the AFL who has walked away as a winner following the Federal Court's decision.
"The decision was unanimous, it was clear-cut," he said.
"It was a relief, not just for the AFL but I'm sure for all sporting codes, who rely heavily on these rights and the revenue which come from these rights, which we all plough back into our codes.
"Whether that [is] through the codes itself, facilities, grassroots programs, development. These are significant revenues, which we all rely on and I think today's decision is certainly a win for all sports in this country."
Demetriou feels the AFL is vindicated by today's decision, although he admits the league had experienced some anxious moments.
"The fact we've had to go through two court cases with considerable expense hasn't been a pleasant time," he said.
"The uncertainty hasn't been pleasant, but we were always confident that this decision would come down today because we believe we were right.
"We believe it protects content holders, we believe the copyright act has now withstood this action by Optus and I think we can all move forward and continue to invest in our codes."
Demetriou says Optus' behaviour was "reprehensible" and he has called on the telecommunications rival to "concentrate on their core business".
"I've said previously that I thought Optus' behaviour was unethical, I thought it was improper, inappropriate," he said.
"They've never engaged with the AFL in relation to our rights. I don't plan in the future that they would and it will be a long time before we speak to Optus."
Demetriou says Optus will have think "very carefully about challenging the decision", suggesting an appeal will prove "costly".
Optus spokeswoman Clare Gill says her organisation may proceed with an appeal to the High Court.
"We have to look at all our options, which will include an appeal," she said.
The Australian Rugby League Commission (ARLC) has also welcomed today's ruling, as it looks to negotiate its next broadcast deal and take advantage of its solid TV ratings.
"We have always believed there was a clear principle in play here: that the sports are entitled to control who shows their events and who profits from those events," ARLC chief executive David Gallop said in a statement.
"Companies should not be able to profit from our content without investing in the sport itself."
Tags: australian-football-league, sport, rugby-league, nrl, australia First posted April 27, 2012 13:29:06