Playing Catch Up

If you've been following the sports media over the last few days, you must be aware of the controversy around Optus winning a Federal Court appeal to allow them to broadcast free-to-air programming on delay for free on their TV Now service which can be accessed by mobile devices such as phones, iPads and the like.

If you've missed it, here's a link. And another.

So basically, we've got a situation where Optus can offer, to the minute almost, the broadcasting of sports such as AFL and NRL without having to pay anything for the rights. While someone like Telstra, who has negotiated and paid for exclusive rights in the millions of dollars, has no recourse.

Now, I'm no big supporter of our largest Telco, Telstra, on a purely customer service basis, but on natural justice grounds you'd have to say this scenairo is unfair on them as well as the big sporting codes which have now seen the value of their product diminished dramatically. At least in a broadcasting sense.

You can't really blame the Federal Court though for their decision as they were merely following the letter of the law. The thing is, the letter of the law is somewhat out of date having been written in 2006 and has simply not kept up with the technology that is advancing and changing so quickly.

Telstra, the AFL and the NRL are of course appealing the Federal Court decision which they must in the circumstances. I've just read also that they've already met with the Prime Minister today and will be lobbying the Federal Government hard in an attempt to amend the copyright legislation to protect their 'rights' and product.

Because the whole system of selling broadcasting rights is at risk and both codes could be up for losing millions of dollars in their next deals if no-one is willing to pay for them anymore. Or more likely, not pay as much. Lucky the AFL just signed theirs but unlucky for the NRL and Cricket Australia who are just about to begin negotiations.

Optus are claiming that the decision is a win for customers and by extension, fans of the footy codes. As well they might. The thing is, they won't be offering their service for free to fans, you can be sure of that. They'll be charging for something they are getting for free so let's take their version of events and musings about 'doing it for the people' with a hefty grain of salt.

However, the technology is currently available and Optus, in advancing this issue, has merely acted within the law and to enforce their 'rights' under the current regulations. Just another case of a traditional business model being challenged by the realities of new media and the like.

So as a big sports fan who is prone to the odd couch potato moment during the footy season, I've found this whole issue absolutely fascinating. The law of the land and our sense of how things have always been done, quickly being made redundant by the rapid advance of technology and media.

The lawmakers just can't keep up with it all and it raises all sorts of questions about how we, the consumers, will be consuming the product that is sports broadcasting in the future. Not too mention the way broadcasting rights are regulated as well as copyright and intellectual property.

I certainly don't have the answers and I don't think anyone really does. Well, not in a comprehensive and long-term way anyway. My guess is that the laws will be rewritten and then made redundant again in just a few short years by further advancing technology. That cycle will probably just keep going on and on. An eternal game of 'playing catch up'.

Ideas? Thoughts? Solutions?

EDM.