IceTV slays Nine in High Court EPG victory: update

Stephen Withers
Wednesday, 22 April 2009 11:47

Business IT - Technology

(The preparation of the original list of programs in 2004 by recording the times and titles of programs over three weeks was described by IceTV content manager Mitchell Rilett as "torture".)

Program synopses are added by IceTV staff, drawing on reference books and websites.

IceTV wasn't the only winner today. The general public also benefits from a ruling that notes the "extremely modest skill and labour" involved in converting programming decisions into a list of times and titles, and that "baldly stated matters of fact or intention are inseparable from and co-extensive with their expression."

With any luck, this decision will clear the way for the much wider use of information that is already effectively in the public domain such as public transport timetables. For example, if a transport authority publishes such information on its web site, why shouldn't someone be able to use it in an application that runs on a particular type of mobile phone?

IceTV chairman and major shareholder Colin O'Brien welcomed the decision, saying "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," he added.

The history of the matter is that IceTV had been supplying an EPG for around a year when the Nine Network began proceedings in May 2006 alleging copyright infringement of its schedule.