This podcast has been the best coverage of the TVnow court case so far.
My take on it is
1/ Yes its fair,the same way Samsung dont pay Channel 9 for people watching their content on my tv regardless of how expensive the Samsung tv is (or their vcr's/dvr's are if you want a more direct example).
2/ That just because Foxtel overpaid for online content rights doesnt make Optus wrong.Are Foxtel saying i cant purchase a slingbox and sling the content to my phone/ipad when i'm not at home?
3/ That each "selection" or decision to record something must be manually selected by end users and stored "singularly" eg as an end user i cant say "record everything for 24x7" and by the way Optus you only need to store one copy and stream everyone it from a single copy (similar to the cablevision case).
Whats interesting is that Ivi.tv got shut down here in the USA - http://blog.collins.net.pr/2010/10/ivi-not-gotta-licensewhatye-going-todo.html and doesn't look like that decision will be reversed even though the Ivi.tv blog is saying they are working on the appeal for the last 9 months.
Lets just say that if you are a yacht salesperson or an eastern suburbs orthodontist......you're going to be putting you kids through college from the ongoing legal fees in this dog fight.