The Australian Football League has fired a broadside at a Federal Court ruling by Justice Steven Rares in a notice of appeal after losing its court battle to prevent Optus offering its TV Now service.

he league’s notice of appeal filed in the Federal Court on Friday said the judge erred in his judgment. A hearing has been set down for April 18.

The Federal Court ruling found Optus did not breach copyright by allowing its customers to record free-to-air television programs on mobile devices and watch them after a slight delay.

Justice Rares found TV Now users had themselves made the recording of the matches, similar to when a person used a video or digital recorder.

Before the judgment, the court had already granted leave to appeal to the full Federal Court.