The footy killed Optus' DVR

Optus' TV Now service sought to take advantage of the "home taping" or "time shifting" exception to copyright infringement provided by s 111 of the Copyright Act 1968 (Cth). It enabled its mobile phone subscribers to record free to air television programs from their mobile phones, with the ability to play them back at a later time. Once a subscriber selected a program for recording, it was recorded by an automated process on Optus' servers. A Full Court of the Federal Court has overturned the trial judge's finding that this service was legal. This article considers the Full Court's reasoning and the questions it raises for the concept of "making" under the Copyright Act.