My understanding is that recording only happens if a real person requests it and is only accessible by the person who requests it. The whole sequence is "real person" controlled. Optus is just providing the hardware. Optus were not recording the programme and then saying, "Hey everyone, come around and watch the game with me for free."
It seems mad that Optus customers can't outsource PVR hardware provision because the league wanted to sell the viewing rights twice. Had they just sold the viewing rights once, this would not have been an issue. A phone is a computer. A digital TV is a computer. A PVR is a computer and a TV signal is just a (radio-wave) network. Online is not different from TV.
It seems Telstra just paid to make things awkward for everyone else. I'm somewhat irritated that my 3G connection costs will be higher because Telstra is trying to prevent Optus customers from using a rather efficient and cool system for something they are allowed to do. Given the intense Australian heat and rather unstable power, cloud PVRs make a lot of sense here. It's just like a Telstra T-Box moved to the other end of the WAN link. I suspect that it isn't just about the sports.