Broadcast battle puts sports rights in doubt

[Beaussie]

Very interesting indeed. The AFL has a signed contract already and Telstra would be in court quick smart if they think they can breach that agreement.

The NRL on the other hand has no such contract in place yet. Interesting times ahead. Can see David Gallop sweating on the court decision already. Not a good sign for the upcoming broadcast negotiations of the NRL. Poor buggers.

Broadcast battle puts sports rights in doubt
Lucy Battersby
September 15, 2011.

TELSTRA is threatening to tear up its new $153 million broadcast rights deal with the AFL after a copyright dispute erupted over rival Optus providing telecasts to its internet and phone customers.

The Telstra chief executive, David Thodey, said if a court allowed Optus to continue replaying matches, it would ''throw everything up in the air'' regarding Telstra's AFL deal, and a planned deal with the National Rugby League.

The Federal Court will tomorrow hear a request by Optus to restrain the AFL and NRL from suing it for breach of copyright for its TV Now service, which was launched on July 19. The service allows Optus phone and internet customers to watch AFL games on an effective delay of just two minutes.

The case could prove to be an important test for content rights in the era of internet television and multi-media devices.

Telstra agreed recently to pay the AFL $153 million for exclusive right to broadcast games over the internet from 2012 to 2016 and is negotiating a new rights deal with the NRL.

''It is going to put a big question mark over how rights management is done,'' Mr Thodey said. ''We have worked under a set of assumptions that we thought was right and if it does change then we will review it. If you start having too open an environment then it throws everything up into the air.''

Telstra's AFL deal gives it the right to show all live matches and up to eight years of back-catalogue. Optus TV Now customers use a mobile application to program a recording which is then stored in a data centre. It is downloaded straight to a mobile, tablet or computer through the internet two minutes after being broadcast on free-to-air. Similar products such as myTVR and EyeTV for Apple allow viewers to watch the recording while a show is in progress, putting the service in direct competition with Telstra's exclusive right to broadcast live AFL content over wireless and fixed internet.

Copyright lawyers say Optus is relying on exemptions to the Copyright Act that allow individuals to record broadcasts to watch at more convenient times - known as ''time shifting''.

Telstra is not involved in the legal case but could become involved if the sporting bodies file a cross claim. Both the AFL and Free TV Australia declined to comment on the case. Optus is taking the AFL and NRL to court after they sent legal letters in August accusing the telco of copyright infringement.

The Copyright Act allows Optus to ask the court to declare the threats unjustifiable.

''Optus believes these claims are groundless and is seeking a declaration from the Federal Court that the threats of legal proceedings for infringement of copyright are unjustified,'' an Optus spokeswoman said. ''Optus TV Now is a cloud-storage service … similar to a personal video recorder or services such as TiVo and Foxtel iQ.''

http://www.smh.com.au/national/broadcas ... z1XyIEJJtU

[Raiderdave]

Very interesting indeed. The AFL has a signed contract already and Telstra would be in court quick smart if they think they can breach that agreement.

The NRL on the other hand has no such contract in place yet. Interesting times ahead. Can see David Gallop sweating on the court decision already. Not a good sign for the upcoming broadcast negotiations of the NRL. Poor buggers.

Broadcast battle puts sports rights in doubt
Lucy Battersby
September 15, 2011.

TELSTRA is threatening to tear up its new $153 million broadcast rights deal with the AFL after a copyright dispute erupted over rival Optus providing telecasts to its internet and phone customers.

The Telstra chief executive, David Thodey, said if a court allowed Optus to continue replaying matches, it would ''throw everything up in the air'' regarding Telstra's AFL deal, and a planned deal with the National Rugby League.

The Federal Court will tomorrow hear a request by Optus to restrain the AFL and NRL from suing it for breach of copyright for its TV Now service, which was launched on July 19. The service allows Optus phone and internet customers to watch AFL games on an effective delay of just two minutes.

The case could prove to be an important test for content rights in the era of internet television and multi-media devices.

Telstra agreed recently to pay the AFL $153 million for exclusive right to broadcast games over the internet from 2012 to 2016 and is negotiating a new rights deal with the NRL.

''It is going to put a big question mark over how rights management is done,'' Mr Thodey said. ''We have worked under a set of assumptions that we thought was right and if it does change then we will review it. If you start having too open an environment then it throws everything up into the air.''

Telstra's AFL deal gives it the right to show all live matches and up to eight years of back-catalogue. Optus TV Now customers use a mobile application to program a recording which is then stored in a data centre. It is downloaded straight to a mobile, tablet or computer through the internet two minutes after being broadcast on free-to-air. Similar products such as myTVR and EyeTV for Apple allow viewers to watch the recording while a show is in progress, putting the service in direct competition with Telstra's exclusive right to broadcast live AFL content over wireless and fixed internet.

Copyright lawyers say Optus is relying on exemptions to the Copyright Act that allow individuals to record broadcasts to watch at more convenient times - known as ''time shifting''.

Telstra is not involved in the legal case but could become involved if the sporting bodies file a cross claim. Both the AFL and Free TV Australia declined to comment on the case. Optus is taking the AFL and NRL to court after they sent legal letters in August accusing the telco of copyright infringement.

The Copyright Act allows Optus to ask the court to declare the threats unjustifiable.

''Optus believes these claims are groundless and is seeking a declaration from the Federal Court that the threats of legal proceedings for infringement of copyright are unjustified,'' an Optus spokeswoman said. ''Optus TV Now is a cloud-storage service … similar to a personal video recorder or services such as TiVo and Foxtel iQ.''

http://www.smh.com.au/national/broadcas ... z1XyIEJJtU

oh they can breach that agreement
& probably will
the AFL can say goodbye to 153 Million :D

the NRL is sitting back .. going to school on this debacle & when they sit down with their online rights carrier
they'll do it right

[Beaussie]

Gallop says today a result in favour of Optus would be disasterous for the NRL and its negotiations.

Should Telstra try to breach their contract with the AFL, the AFL will go to court and win millions.. Millions I tell ya.

[Raiderdave]

Gallop says today a result in favour of Optus would be disasterous for the NRL and its negotiations.

Should Telstra try to breach their contract with the AFL, the AFL will go to court and win millions.. Millions I tell ya.

again
your getting your legal advice from the Essenson Bombers

the contract with Telstra will be null & void
they paid for " certain " things to occur .. those were the conditions of the agreement
these may not happen
if they don't , the contract with Telstra isn't worth the paper its written on

too bad .. so sad

[Beaussie]

Gallop says today a result in favour of Optus would be disasterous for the NRL and its negotiations.

Should Telstra try to breach their contract with the AFL, the AFL will go to court and win millions.. Millions I tell ya.

again
your getting your legal advice from the Essenson Bombers

the contract with Telstra will be null & void
they paid for " certain " things to occur .. those were the conditions of the agreement
these may not happen
if they don't , the contract with Telstra isn't worth the paper its written on

too bad .. so sad

How can a contract be null and void. This will end up in court if Telstra breach their contract and the AFL will win. Watch this space. Of course this only comes into play if Optus wins its case and Telstra as a result breaches their contract with the AFL.

[Raiderdave]

Gallop says today a result in favour of Optus would be disasterous for the NRL and its negotiations.

Should Telstra try to breach their contract with the AFL, the AFL will go to court and win millions.. Millions I tell ya.

again
your getting your legal advice from the Essenson Bombers

the contract with Telstra will be null & void
they paid for " certain " things to occur .. those were the conditions of the agreement
these may not happen
if they don't , the contract with Telstra isn't worth the paper its written on

too bad .. so sad

How can a contract be null and void. This will end up in court if Telstra breach their contract and the AFL will win. Watch this space. Of course this only comes into play if Optus wins its case and Telstra as a result breaches their contract with the AFL.

the contract Telstra signed with the AFL had them being the exclusive live carrier of online broadcasts of matches
they are not with optus illegally broadcasting them too for nothing.
Telstra will say their contract was on the provision of exclusivety
which they don't have so the contract is then a peice of toilet paper

its not Telstra's or the AFL's fault
Its up to the AFL to fight Optus ... they are in breach of copy right

[Beaussie]

That issue will need to be between Telstra and Optus. In any case, should Optus win, the NRL rights will be severely devalued. Like I've said, we have our $1,253 Billion already banked. You lot on the other hand.... well....

[Raiderdave]

That issue will need to be between Telstra and Optus. In any case, should Optus win, the NRL rights will be severely devalued. Like I've said, we have our $1,253 Billion already banked. You lot on the other hand.... well....

If Optus win there'll be no online rights for any sport ... including existing contracts because the core of the agreement can't be delivered making them null & void..... Telstra will easily win a court case if the AFL are stupid enough to try n force them to honour a valueless deal.

the AFL will lose its 153 Mill from Telstra
so their deal is back down to 1.1 Billion .... they'd of already factored in some of this telstra money that they now may not get including some going to its greedy players threatening to strike .... the AFL is in serious trouble

the NRL will still crack a billion & won't bank money it hasn't got & isn't going to get like the AFL has

[enarelle]

Yes I dont think that Beau understands that you cannot sell something you did not own which is what will be the finding if Optus succeeds.

The AFL sold exclusive rights not shared rights to Telstra

AFL contract with Telstra will be gonski.

[Beaussie]

Time will tell. Fact remains the AFL entered a contractual agreement with Telstra in good faith. Telstra will still have exclusive rights. Breach of contract is a serious matter and I'm confident the AFL would win should it need to go to court.

[Raiderdave]

Time will tell. Fact remains the AFL entered a contractual agreement with Telstra in good faith. Telstra will still have exclusive rights. Breach of contract is a serious matter and I'm confident the AFL would win should it need to go to court.

Telstra entered the agreement in good faith too
no court in the land would hold them or anyone else ... to a worthless contract

[Beaussie]

Like I said, time will tell who is right should Optus win.