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 AFL to fight broadcast rights ruling 

AFL to fight broadcast rights ruling

03 Feb, 2012 03:00 AM
MELBOURNE _ The AFL has vowed to take every legal avenue available to protect its multi million-dollar broadcast rights deal with Telstra, but its fight might take up to two years.

AFL chief executive Andrew Demetriou has warned Telstra's rival Optus that its victory in the Federal Court allowing it to broadcast recorded matches on mobile platforms would be short-lived.

The AFL, NRL and Telstra will appeal the judgement which blurs the AFL's $153 million deal with the telco and throws the NRL's ongoing negotiations into jeopardy.

``We will have our day yet again. We will go through the proper legal processes and exploit all of our avenues through appeal,'' Demetriou said.

``They can crow all that they like today, but this has a long way to play out.''

Demetriou said Telstra had indicated it would honour its five-year agreement. Telstra, however, could not confirm its commitment.

Copyright lawyer David Brennan believes even if the leagues and Telstra successfully appeal, Optus would then take it to the High Court which could restore the original judgment.

The ultimate action for the sporting codes and Telstra is for federal parliament to change the out-of-date legislation to keep up with technology and tighten up the exclusivity of broadcast deals.

But Mr Brennan says any change to the Copyright Act could take as long as two years to get through parliament, but the lobbying will begin immediately.

Although Telstra holds exclusive internet broadcast rights for the AFL and NRL, Justice Steven Rares ruled on Wednesday that Optus customers can record any free-to-air TV program and play it on mobile devices at a later time, even as soon as two minutes after the program begins.

Optus chief executive Paul O'Sullivan said the decision was about consumers' rights.

``Yesterday's decision continues to allow millions of Australians to record and play back free to air TV at their convenience _ just as they have done since the VCR arrived in Australia and continue to do so today via emerging digital services like TiVo, Play TV and Foxtel IQ,'' O'Sullivan said.

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