Australian telecommunications company Optus will shut its TV Now mobile television service after being denied leave to appeal its case against two Australian sports bodies and rival telco Telstra in the country’s High Court.
TV Now was a service that allowed Optus’s mobile subscribers to watch television channels on their mobiles with a two-minute delay. This allowed TV Now subscribers to watch near-live on their mobiles sport that was originally broadcast on television, undermining the value of some mobile sports rights deals.
“We had hoped that the High Court of Australia would grant leave to appeal, but we are pleased that it will still be considered by the Australian Law Reform Commission,” vice-president of corporate and regulatory affairs at Optus, David Epstein, said, as reported by the Sydney Morning Herald. “This is a very important public policy issue that still needs to be resolved to give clarity to both consumers and the industry. People are increasingly wanting to watch TV when they want, where they want and on what they want. But the law as it stands imposes an arbitrary distinction between technologies.”
Optus was forced to suspend the service in April after the Federal Court upheld an appeal against the company by the Australian Football League and National Rugby League – the governing bodies of Aussie Rules football and rugby league in the country – and Telstra, which has exclusive mobile rights deals with the two leagues. The governing bodies and Telstra successfully overturned an earlier Federal Court ruling that Optus did not breach copyright laws.
The AFL welcomed Friday’s decision, with spokesman Patrick Keane saying: “The High Court’s decision ends this litigation, which Optus commenced against AFL and NRL last year. The High Court’s decision confirms the position taken by the AFL in relation to Optus’ service and maintains the protection of important commercial rights.”