Nine Network v IceTV (8 May 2008)

At first instance, the Federal Court rejected a claim by Channel Nine that its TV program schedules were infringed by IceTV’s electronic program guide “the IceGuide”. While the court held that Nine’s Weekly Schedule was protected as a compilation, and that “Aggregated Guides”, which included the Weekly Schedule, were also protected, the court found that IceTV had not copied a substantial part of the Weekly Schedule. Rather, the judge at first instance found that IceTV ascertained information by independent inquiry, and its selection, arrangement and expression of information differed from that in the Weekly Schedule.

This decision was, however, reversed on appeal, with the Full Federal Court finding that, in context, the material that had been indirectly copied was “substantial”.

On 26 August 2008, the High Court granted IceTV special leave to appeal the Full Court's decision.

Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71 (8 May 2008)

More:

• Nine Network v IceTV [2007] FCA 1172 (9 August 2007): decision at first instance
• Nine Network v IceTV [2008] FCA 925 (27 June 2008): Bennett J's orders following the Full Court decision