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Article
Stranded in the Technological Dark Ages: Implications of the Full Federal Court’s Decision in NRL v. Optus
European Intellectual Property Review (2012)
  • Rebecca Giblin, Monash University
Abstract

Australia’s Full Federal Court recently overturned the findings of the trial judge in the Optus v NRL television time-shifting case. Finding that the time-shifting provider (and not just the user) “makes” the relevant recording, the decision effectively renders remote television time-shifting services unlawful in Australia. This paper argues that it also has significant ramifications for more traditional time-shifting technologies, and, if not overturned, might decimate the value of the nascent Australian time-shifting right and strand consumers in a technological dark age.

Keywords
  • optus,
  • nrl,
  • time-shifting,
  • timeshifting,
  • betamax,
  • tivo,
  • copyright,
  • infringement
Disciplines
Publication Date
2012
Citation Information
Rebecca Giblin. "Stranded in the Technological Dark Ages: Implications of the Full Federal Court’s Decision in NRL v. Optus" European Intellectual Property Review Vol. 34 Iss. 9 (2012)
Available at: http://works.bepress.com/giblin/16/