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Nine wins appeal against IceTV

The Nine Network has won an appeal in a copyright case against IceTV.

Nine claims that IceTV’s electronic program guide (EPG) infringed copyright in its television schedule by creating its own “independent compilation”.

IceTV initially won the case in August 2007 against Channel Nine.

Yesterday the Federal Court allowed Nine’s appeal, noting copyright over time and title of Nine guides. It found “Ice reproduced a substantial part of Nine’s copyright work. The required causal connection was present. This was a case of indirect copying of a substantial part of a copyright work.”

Ice must pay Nine’s appeal costs.

Most industry observers speculate that Nine has vigorously fought this action to diminish the power of viewers effectively building their own programming, recording and skipping shows via EPGs -a significant threat to advertising revenue.

But all is not over. The matter is referred back to the original judge, Justice Bennett for further hearing.

“We will vigourously argue our case before the courts,” says IceTV’s manager Matt Kossatz, “including if necessary to seek special leave to appeal to the High Court. Subject to digesting the Full Court’s judgment it is business as usual. We will be meeting with our legal team in preparation for the next round.”

IceTV’s Chairman, Mr. Colin O’Brien added, “The battle is far from over and we are still convinced that when we demonstrate our true business methodology we will prevail.”

Source: IceTV
Federal Court

2 Responses

  1. You mean someone is actually wanting to take copyright ownership of the mess that is the Nine Schedule!!! REALLY !!!

    You would have thought with declining ratings and advertising revenue, falling news figures, discrimination cases and failed TV shows, Nine would have much more important things to focus on than this silly case !!! Maybe, just maybe, if they put the same energy and attention into their network problems as they are on this case, they would not be in the situation they find themselves !!

    Talk about losing the plot.

  2. Grrr this make me so angry. Channel 9 has no freggin idea. They continually struggle with declining ratings (as all networks across the world are) and search for their new business model in a world that left it behind about 10 years ago, and when the answer to their problem comes and slaps them in the face they go and sue it out of existance.
    Bravo channel 9, I’ll be sticking with channel bittorrent until you guys get with the times.

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