Feeds

Optus fails to silence AFL boss

Joins long list of people who can’t get Demetriou to shut up

The Essential Guide to IT Transformation

After winning the first round of its TV Now court case, Optus has had a minor loss when it asked an Australian court to stop Australian Football League boss Andrew Demetriou.

The original loss, in which the Federal Court decided that TV Now is legal (a decision which is predictably subject to an appeal), didn’t deter Mr Demetriou from maintaining his public position that it’s not legal, and that Optus is “lifting” the AFL’s content. Mr Demetriou said as much to News Limted:

“They should be ashamed of themselves because what they are really doing is charging for a start, so they can benefit to their shareholders, not the consumers. They are not paying for it, they are lifting it. It is akin to stealing. And all it will do, is that if sports can't rely on that revenue, they will slug the consumers. Optus should take a good look at themselves. If you are an Optus subscriber, switch to Telstra, do everyone a favour, get out of that company. Stop subscribing to them, it is a disgrace. I'm not the only sport saying that.”

Optus found this objectionable, and asked the Federal court to gag Mr Demetriou on the basis that the statements constituted misleading and deceptive conduct in the context of the Australian Competition and Consumer Act.

The court, however, disagreed. In a judgment handed down today, Justice Edmonds has found that the statements don’t contravene the relevant Act, and Optus’ action cannot succeed.

The statement, Justice Edmonds decided, “was clearly a statement of Mr Demetreiou’s opinion … honestly held. It was not and did not purport to be a statement of fact”, and “not misleading or deceptive”.

And, of course, Demetriou’s response was almost gleeful. Being the sort of person that couldn’t be told to “shut up” if the instruction came with a cubic meter of concrete, he pretty much immediately repeated his complaint.

“They are lifting this particular product without paying for the content”, he reportedly said. ®

Build a business case: developing custom apps

More from The Register

next story
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
US judge: YES, cops or feds so can slurp an ENTIRE Gmail account
Crooks don't have folders labelled 'drug records', opines NY beak
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.