Today the Full Court of the Federal Court ruled that the TV Now service provided by Optus, which enabled consumers to record free-to-air TV to the cloud for playback on their personal devices, is an infringement of copyright.

The Federal Court considered Optus to be the “maker” of the recording of free-to-air content, despite consumers selecting content to record.

The Australian Digital Alliance is concerned that the Federal Court’s decision could impact on future innovation in cloud-based services in Australia.