"Damages are a hard thing to prove. Nine were real bastards in that they deliberately took action against us knowing full well that we were days away from floating the Company. They also knew that we had investors lined up to invest in the company. Despite this, it is still hard to prove that damage was actually done. We can however recover a large part of our costs." Obrien said.
The case was originally brought against IceTV, Australia's leading independent EPG provider, in May 2006 by the Nine Network alleging that Ice TV's electronic program guide (EPG) infringed copyright in its television schedule.
A claim IceTV strenuously denied. 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.
He added "The case has got Channel Nine nowhere. We are still operating today because we modified the way in which we deliver information and in hindsight the case has done us a favour because today we are a small profitable company who has been able to keep ahead of the technology curve".
"If we had floated we would have spent a lot more money on the development of technology and the expansion of the company. Instead we have been forced to stay focused and relevant. The decision by Nine was totally emotional and if they had looked at what was happening in the electronic program guide market they would have realised that there was little threat from Ice TV" he added.
