In another throw of the dice Ice TV has been granted special leave to appeal to the High Court of Australia following the recent decision by the NSW appeal court that ruled that IceTV was permanently restrained from reproducing in a material form Nine Program Time and Title Information, to the extent that such information reproduces the whole or a substantial part of the Nine Weekly Program Schedule.
The Ice TV Vs Channel Nine saga over EPG content is now set to be heard by a full bench of the Australian High Court in what could be a landmark ruling on copyright.
Late last month Ice TV delivered a new Ice TV application for the new 3G iPhone with thousands downloading the application which allows TV programs to be recorded on a home media centre or personal video recorder direct from the Apple iPhone.
Following the recent restraint decision in the NSW Court IceTV have to provide scheduling information for Channel Nine progams using methods which strictly comply to the Full Court’s findings”.
IceTV successfully defended itself against Channel Nine’s claims that IceTV’s Electronic Program Guide (EPG), which also covers channels 7, 10, the ABC and SBS, was breaching Nine’s copyright in its program listings in August 2007. However Nine appealed the ruling by Justice Annabelle Bennett sitting alone in the NSW Supreme Court.
Nine launched the action just days before IceTV was to be floated on the Australian Stock Exchange, forcing IceTV to cancel the float and return investors’ money.
In August 07 Justice Annabelle Bennett dismissed Nine’s claims after examining IceTV’s methodology for compiling and updating its EPG, finding “Ice has not infringed Nine’s copyright in the course of making and updating the IceGuide”. A full copy of the judgement is available at http://www.austlii.edu.au/au/cases/cth/federal_ct/2007/1172.html