Technology news and Jobs 
Information Technology News IceTV wins copyright battle with Nine Network
Information Technology News IceTV wins copyright battle with Nine Network | IceTV wins copyright battle with Nine Network |
|
| by Adam Turner | |
| Thursday, 09 August 2007 | |
|
Page 3 of 3 9 Different content and modes of expression and arrangement may be utilised for a television schedule. The Weekly Schedule, the Aggregated Guides and the IceGuide each differ in their manner of selection, expression and arrangement. It follows that form and content are each relevant to the question of infringement. Featured Whitepaper
5 Best Practices for Smartphone Support
10 Ice does not engage in broadcasting. It does not take the skill and labour of placing programs in an order that appeals to viewers in that Ice plays no part in the placement of programs. It does not take the format of the Weekly Schedule. It does not take synopses from the Weekly Schedule. It conducts its own research and drafts its own synopses. 11 Ice does take slivers of time and title information each day from the Aggregated Guides. For the reasons I have set out in detail, Ice does not reproduce a substantial part of the Weekly Schedule in so doing. 12 It follows that Ice has not infringed Nine’s copyright in the course of making and updating the IceGuide. Nine accepts that, in these circumstances, the other infringement allegations must also fail. 13 Ice is not precluded from bringing a claim for unjustified threats of copyright infringement pursuant to s 202(1) of the Act because Nine commenced proceedings for infringement before such a claim was made. However, for the reasons I have given, leave to file the second cross-claim is refused. {moscomment} |
Tags
| < Next story in category | Previous story in the category > |
|---|
