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IceTV wins High Court battle against Nine

Independent EPG supplier IceTV wins a long running "David v Goliath" copyright battle against the Nine Network.

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iphoneIceTV, an independent media supplier of an electronic programme guide, has won a three year copyright battle against the Nine Network in the High Court today.

IceTV had appealed against a ruling which favoured Nine’s stance that elements of its guide (including titles and times) could not be republished, thereby helping to facilitate recording of programmes. The threat to Nine was underlined by the ability of users to co-ordinate their own programming on PVRs, computers, and mobile phones including a risk to ad-skipping.

Many in the industry viewed it as a “David v Goliath” media battle in a changing landscape.

IceTV’s Chairman Mr. Colin O’Brien said, “I would like to thank all our shareholders, our staff, our customers and our business partners. Without their support during the last three years IceTV would not have survived. IceTV now looks forward to a successful future bringing both Free-To-Air TV and content via various partners to viewers in a way that satisfies viewer demand, whilst embracing the future of digital Free-To-Air television in Australia.”

The case was originally brought against IceTV, Australia’s leading independent EPG provider, in May 2006 by the Nine Network alleging that IceTV’s electronic program guide (EPG) infringed copyright in it’s television schedule.

The litigation was commenced only months after the Nine Network had purchased HWW, a company that aggregates and supplies TV Guide information to Foxtel and most print and online media and its own portal at yourtv.com.au.

The battle was a long one, first settled in August 2007, but on appeal by Nine in May 2008, a ruling made by Justice Bennett was overturned by the Full Court. IceTV took the fight to the High Court of Australia.

IceTV says it gives subscribers the freedom to record and manage their TV shows, recording what they want, skip what they want and watch it at a time that suits them.

More details on the High Court’s decision are yet to be available.

Disclaimer:  TV Tonight publishes an IceTV widget guide.

26 Responses

  2. Television Watcher, we used the free EPGs that were popular years ago, not sure if they are the same ones you mentioned, but they were always inaccurate. IceTV was the best one at the time and we have just stuck with it. It was annoying when 9 info disappeared, but I don’t watch a lot on their channel anyway, and due to the lack of EPG info I watched even less. I like the features so will stick with them.

  3. Hasn’t anybody noticed that you do not have to pay $99 per year to get an electronic guide service?

    Free Australian EPG services such as “www.oztivo.net” and “www.epgstream.net” let users load the TV guides into any number of computer devices.

    There are many free or cheap services, but for some reason people think paying $99 per year is “normal”! Funny that …

  6. Great news. Channel nine will soon realise that pissing off viewers is not smart for any business, particularly in an industry undergoing rapid change. I’m still doubtful though, the view in the sand is just too good.

  7. Even if Channel 9 won, its not like the network has anything decent they are willing to play, just the same old crap, so it’s not like a listing for the channel on IceTv would be missed.

  8. Great. I will sign up to IceTV again seeing it will be more reliable for all channels. Can’t see how this decision will mean the NRL shifts to Ten though.

  9. Thanks pondie84. I’m no lawyer myself so I didn’t know.

    One of the reasons I went for the TiVo over a PVR with IceTV was because I wasn’t sure that IceTV was going to be around for the long term (with all these court cases they were going through).

  10. CVC are broke regardless, this will make little difference other than you can add ICE to your PVR which will not be Freeview compliant.

    Either free EPG with hobbled Freeview equipment (no add skip) or pay $100/yr for an EPG with your Freeview channels that are free ofcourse until we go MPEG 4 in 2014 or later then you need more equipment

  11. It is a great day. A great day not just for digital TV viewers, but for the wider community. Bazza is right, this decision has impact far outside mere digital TV EPG listings. Common sense has prevailed.

    Kev, Nine’s big mistake with this whole debacle was to refuse to accept the initial court verdict and spitefully press on to the full court. It was clear from the outset that all they wanted to do was to kill off a competitor – hell, the timing of the original suit was right after Ice announced their intention to float on the stock market.

    Fortunately, the High Court justices recognised this anti-competitive behaviour for what it was. Nine deserves to lose every cent of the millions they will have to pay out. And they have nobody to blame but themselves. Again.

  14. i have connections with people in the PBL media/ch9 finance system. and without revealing too much. it is baaaaad, much worse than people know. this case could not have come at a worse time. don’t expect many investments to be made any time soon. TEN, the NRL will soon be yours.

    i think i just heard the sound of a 2nd digital being pushed back another 2 months.

  16. LOL is there any economic orofest that 9 is not losing money out of. losing a court case/ being sued in this day and age is disastrous to a business.

    time to cancel another new show and put 20to1 repeats on.

  20. Whether the general public know it or not (and I bet the majority don’t), the future of digital data in Australia was just saved from one of many looming hurdles.

    Perhaps one of these days big business will learn what they teach in high school economics? ie: It’s always better to sell what the customer wants, rather than try to force them to buy whatever you feel like making.

  23. LOL to see Nine dragged fighting & screaming into 21st century. This whole thing was absurd. Hope Nine has to pay ICE’s legal fees. Did Nine not realise that ” the ability of users to co-ordinate their own programming” existed from the sale of the first Betamax vcr? Did Nine forget that Universal & Disney then sued Sony…and lost?

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