The Australian Football League (AFL) has filed an appeal against the Federal Court judgment that Optus' TV Now TV-recording app does not infringe on the sporting code's copyright.
Last week, Justice Steven Rares ruled that the app did not infringe on the copyright of the sporting codes by allowing users to record and play back broadcasts on their mobile phones, because it fell under a 2006 provision of the Copyright Act that allows individuals to record broadcasts to watch at a time more convenient.
Today, the AFL filed an appeal to have the case heard before the full bench of the Federal Court. A callover of the appeal is scheduled to be heard on 18 April 2012 by Justice Arthur Emmett, one of the appellant judges from the landmark copyright court case between iiNet and the Australian Federation Against Copyright Theft (AFACT).
Earlier this week, Rares dismissed the counterclaims from the AFL, the National Rugby League (NRL) and Telstra that among other things, Optus had infringed on the copyright of broadcasts of sporting matches last season.
As the AFL looks to appeal the original ruling, it has also begun lobbying the government to amend the Copyright Act to prevent products like the TV Now app. According to Prime Minister Julia Gillard, the government is "urgently" assessing its options, with a view to protect the sporting codes.