Cyberspace Law and Policy Centre, University of New South Wales
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Wednesday, April 22, 2009


OMG! IceTV Won!! (6-0!)

According to a press release on the IceTV website, IceTV have won in the High Court!!!

IceTV's General Manager, Matt Kossatz notes:
“Today’s decision is the news that we (IceTV), our staff and our loyal subscribers have waited 3 long years to hear. We would like to thank everyone for their continued support.”
UPDATE: THE HIGH COURT DECISION IS AVAILABLE HERE (6-0!). We will read and digest the judgment and get back to you!

More information about the case's history is available in our last few posts about IceTV here and here.

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Blogger PaulWay said:
Yes, this is really an amazing judgement on a couple of fronts. (I'm no lawyer, I haven't read the whole thing in detail, so don't take my word for it).

The court explicitly says that facts must remain free of copyright and that the interests of the public must be weight in the balance when determining copyright of compilations of facts.

The court basically tore to shreds Nine's entire body of cases offered in defence of the proposition that where the creative effort is applied is immaterial to the compilation having copyright as a whole.

The court refers to Telstra vs Desktop Systems as an example of how not to interpret the law (as far as I can see).

And the court makes the point that it doesn't matter how Nine twists the story - whether or not it was wilful copying, whether or not it was a 'database' or a 'schedule' or a 'programme' that was copied - most of that is completely irrelevant to the judgement. So the court has basically also reduced the areas that Nine can claim that the judgement is wrong.

To me this heralds a new era where the courts in Australia look afresh at copyright and people's access to information.
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