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International Law

: Freedom to Differ

Ice TV Pty Ltd v Nine Network Australia Pty Ltd

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Update: link fixed.  Judgment also now available on AustLII here.

The High Court of Australian has handed down this morning its decision in Ice TV Pty Ltd v Nine Network Australia Pty Ltd.  I've been following this case since October 2006 (see my first post here) so it is interesting to note that Ice TV has ultimately been successful.  The judgment is not yet available on AustLII but I have posted a copy of the judgment for you to read here.  This is also what Ice TV has posted to their website:

April 22nd, 2009

The High Court of Australia has today ruled in favour of IceTV in what has been an epic three year legal battle with the Nine Network.

Six months after the appeal was heard by the High Court and 3 years since the case originally began the High Court has today in Canberra, allowed IceTV?s appeal from the decision of the Full Court of the Federal Court. A comment as to the High Court findings will follow shortly.

In an official statement made immediately following today?s judgment, IceTV?s Chairman and major investor, Mr. Colin O?Brien said the following;

?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.?

Since it?s incorporation in 2005 IceTV has had one aim: To give TV viewers the freedom to record and manage their TV shows as they choose. To record what they want, skip what they want and watch it at a time that suits them. No longer do viewers have to watch their chosen shows when the Networks tell them or to watch content they would rather skip through. IceTV gives them this choice.

This win today is also a win for our many subscribers who enjoy the benefits of simpler, smarter TV viewing.

IceTV?s General Manager, Mr. Matt Kossatz made the following comment after the High Court?s decision;

?Today?s decision is the news that we (IceTV), our staff and our loyal users have waited 3 long years and worked very hard for. With everything happening with digital television in Australia at the moment, the timing is ripe and almost worth the wait. We are seeing more and more content coming to both free-to-air TV and via the web and as an independent company (not a TV Network), we will always have the ability to put the interest?s of the consumer first in terms of features we offer?.

For more information, please read our following Press Release.

A copy of the High Court?s Judgment is expected to be made publicly available later this week. A copy of the High Court?s Summary of Findings will be made available via IceTV?s website as soon as possible.

Regards,
IceTV

I'll try to post a summary of the judgment later today.


Full post as published by Freedom to Differ on April 21, 2009 (boomark / email).

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