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Why The System Is F%^ked - Channel 9 Wins Appeal Against IceTV
Posted by Nick Broughall at 10:59 AM on May 9, 2008
Why on earth is this still going on? I thought it was finished last year. Here's an idea Channel 9: Pull your fucking head out of your ass and stop wasting precious resources trying to screw over IceTV in the courts, and instead focus that money on some more quality programming.
According to the IceTV blog:
Chief Justice Black, Justice Lindgren, Justice Sackville have together ruled against IceTV and the Federal Court's previous judgment in the case originally brought against IceTV in May 2006, by the Nine Network regarding an alleged breach of Nine's copyright.Forgive my cynicism, but it's almost like these judges must want this to just keep going on so they can collect their million dollar salaries and buy themselves a third 72-foot yacht each.
Considering the fact that all the networks are actually playing fair with their EPG data these days, why are Channel 9 even bothering? They make their EPG available for Foxtel and any other PVR with an EPG capability (which is pretty much all of them these days), so it isn't like letting IceTV use it is really going to see them lose ad revenue from people cutting out the ads. Really, it's little more than making up for your lack of size by buying a hummer, except instead of a hummer, they're suing a smaller company.
At least hope isn't lost for IceTV. They are committed to keep fighting so they can continue to provide a service to consumers. Let's just hope it doesn't drag on too long and effect the service they provide.
Full release is below:
Chief Justice Black, Justice Lindgren, Justice Sackville have together ruled against IceTV and the Federal Court's previous judgment in the case originally brought against IceTV in May 2006, by the Nine Network regarding an alleged breach of Nine's copyright.[IceTV]
Nine claimed that IceTV's electronic program guide (EPG) infringed copyright in its television schedule by creating its own "independent compilation".
IceTV successfully defending against Channel Nine's allegations in totality, including having costs awarded in a judgment made by Her Honour Justice Bennett in the Federal Court in August 2007. The appeal was heard on February 25th and 26th earlier this year.
Yesterday the Full Court of the Federal Court allowed Nine's appeal against the ruling of Justice Bennett that found no breach of copyright and supported the method by which IceTV constructed and operates its independent EPG. A copy of Her Honour's original Summary of Findings can be read here.
Chief Justice Black, Justice Lindgren, Justice Sackville ruled that Judge Bennett had erred on several crucial points. The full judgment can be read here.
Nevertheless all is not lost as, unusually, the matter is referred back to Justice Bennett for further hearing and determination consistent with the details of the judgment of the Full Court. We will vigourously argue our case before the courts, 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.
In an official statement made immediately following the judgment, IceTV's Chairman, Mr. Colin O'Brien said the following;
"I would like to thank all our shareholders, our staff, our customers and our business partners for their continued support . IceTV could not have survived and grown without their support during the last two years. The battle is far from over and we are still convinced that when we demonstrate our true business methodology we will prevail."
Rest assured we will keep everyone updated if any further developments in the ongoing case take place.
Regards,
Matt Kossatz
General Manager
Comments
StevoTheDevo
Posted May 9, 2008 12:26 PM
Bah!! Who cares..
Channel Nine's lineup is bereft of quality shows anyway.. I don't need a guide to decide I don't want to watch any of their drivel??
David D.
Posted May 9, 2008 1:27 PM
Another classic case of the legal system being run by people who are so out of touch with reality it's not funny. Surely these Judges must have been ordinary people with a brain at some point.
The programming on the free to air stations has got so random that they have made me into another torrent convert. Screw then all.
Suspense
Posted May 9, 2008 3:01 PM
Does this writer have any idea what he is talking about? Judges on million dollar salaries? Not even close. Judges wanting this to continue so they earn more? If they aren't running this case they're running another, so the length of litigation has no bearing on their income. Why slander judges when you obviously don't know what you're talking about.
I don't disagree that Channel 9 are being utterly moronic about this, but why does this article contain irrelevant and unnecsesary slander?
thewinchester
Posted May 9, 2008 4:13 PM
Ditto stevothedevo. I recall a great joke cracked by Gary McDonald (Norman Gunston, Mother and Son) when presenting one of this years logies.. which went something like this:
GMcD: This year has been a great year for Comedy, with almost every free to air network being nominated in this category.
GMcD: Except Channel Nine of course, who's programming schedule has been the biggest joke of the year by far.
Seriously, the Nine Network has gone to hell in a handbasket since Kerry Packer fell off the perch. I bet you he's turning in his grave seeing what his Scientology freak boy of a son has done to his once cherished network.
Logiebear
Posted May 10, 2008 10:16 AM
thewinchester I was just thinking the same. That was a great moment in Logie history...and lets face it that show needs as as many crutches as it can get.
prentty
Posted May 10, 2008 12:38 PM
Hi,
Im Prentty. I didn't know what is happen in there BUT what is channel nine doing is bad becouse they make alots people alose job and if they can't see they other side of this life then they not part of human. Look other people and forget your idiot business to make other company is lose. Thanks GOD i didn't need to be a lawyer because they job is just to be a ego person.
BOB BOY
Posted June 8, 2008 1:12 AM
C9 license (for a fee) their guide data to various newspaper and website publishers. IceTV do copy C9's scheduling data from these various C9 licensees ... without paying! C9 have a right to flex their muscles, especially when they are ot getting their "cut".
C9 are ethically being selfish but not licensing their data to IceTV, but legally they do have a case for action. No action has been taken against OZTIVO because they provide the EPG data for "free".
As much as ICETV say they are not copying C9 data directly, the fact that ICETV modify their guide based on published licensee data causes ICEGUIDE, over a period of time, to be derived from C9 data.
It sucks, but C9 has a legal right to be a jerk about their EPG licensing! :|
GW
Posted June 27, 2008 5:22 PM
Don't blame the judges. Write to Channel 9 and say you won't watch it as you have no guide. And then volunteer for one of those ratings boxes.
David Gyngell
CEO
Channel 9
PO Box 27
Willoughby NSW 2068
Peter Vogel
Posted August 26, 2008 9:39 PM
As the guy who had the idea, some 20 years ago, to recreate the TV guide by observation and prediction, I've written some thoughts about the whole sorry saga on my blog www.vogelross.com.au/vrblog
Peter Vogel
(Who once told Nine "so sue me")