The Australian High Court has rejected a special leave application from Optus seeking to overturn a ruling of the full bench of the Federal Court that the company's TV Now broadcast recording product infringes on copyright.
TV Now appeal rejected.
In July 2011, Optus released a free-to-air TV broadcast recording product, known as TV Now, which would allow Optus customers to save recorded TV broadcasts from 15 channels to Optus' cloud, to then watch on PCs, iPhones and Android products.
The iPhone app also allowed customers to stream the recorded broadcast with as little as two minutes delay from the original broadcast.
Optus had hoped to prove that the app was valid under the Copyright Act exemption, which allows individuals to record broadcasts to watch later, at a time more convenient.