Stranded in the Technological Dark Ages: Implications of the Full Federal Court’s Decision in NRL v. Optus

(2012) 35 European Intellectual Property Review 632-641

10 Pages Posted: 18 Jun 2012 Last revised: 29 May 2013

See all articles by Rebecca Giblin

Rebecca Giblin

Monash University - Faculty of Law

Date Written: June 18, 2012

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: time shifting, time-shifting, time shift, time-shift, timeshift, timeshifting, betamax, sony, cartoon network, optus, telstra, copyright, infringement, internet streaming rights

JEL Classification: O34

Suggested Citation

Giblin, Rebecca, Stranded in the Technological Dark Ages: Implications of the Full Federal Court’s Decision in NRL v. Optus (June 18, 2012). (2012) 35 European Intellectual Property Review 632-641. Available at SSRN: https://ssrn.com/abstract=2086396

Rebecca Giblin (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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