TV Now's cloud complications

The High Court's move to shut down Optus' TV Now may be sensible in law, but it's at odds with what the Cloud represents.

The High Court's denial of an appeal in the Optus TV Now case is sensible in law, but illustrates how far copyright law itself lags behind society's expectations when using now-commonplace technologies. And it's only going to get worse.

In his original Federal Court decision back in February, Justice Steven Rares argued that recording free-to-air football via the Optus service and playing it back just minutes later counted as personal-use time-shifting, which is permitted under section 111 of the Copyright Act 1968.

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