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Order in the TV court as Nine & WIN argue over 9NOW service

A judge challenges WIN to bring an internet-connected TV to court to prove a point about broadcasting.

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Nine and WIN Television were back in the NSW Supreme Court over the legal stoush surrounding Nine’s new 9NOW service.

WIN claims Nine is denying it advertising revenue by the Live streaming service being accessible in WIN markets.

Fairfax Media reports the judge has challenged WIN to bring an internet-connected TV into court to demonstrate that the app, which is available on phones, laptops and Android devices, can be accessed on a browser on a television. If so, it could sway the definition of the word “broadcasting.”

“Is the argument that I should regard this as broadcasting because it ends up on the television screen?” Justice Hammerschlag asked.

“Well, if this is a real argument, why not just set a television up here and let’s see that it works? Why do I have to operate on the basis of a hypothesis …If you’re right it might be a powerful point, I don’t know.”

It isn’t clear if WIN will take up the TV test challenge.

Last week, Ian Audsley chief executive of Seven’s regional affiliate partner Prime Media Group, told a Senate hearing his network Prime was losing advertising sales to the metro network’s streaming service.

Nine argued it would be difficult to shut down its 9 Now in the areas where WIN retransmits without shutting down the entire service.

Both parties resume in court today.

Additional Source: News Corp

7 Responses

  1. At the end of the day WIN, Prime, and SC suck off the business of others. They are no longer relevant. I can get local weather, news off an app. A judge that gives favor to WIN is doing the Australian market a disservice.

  2. Plug laptop into a TV via HDMI. Anyone can easily have streaming on a big screen TV. Why would you bother if you can receive TV normally through it, weather it be from WIN or anyone else. Streaming TV is for when you are away from your TV or TV antenna. If WIN can’t or won’t provide a live streaming service, then of coarse WIN areas should have access to Nines 9NOW service.

  3. The prosecuting counsel didn’t immediately whip out his smartphone, plonk it in front of the judge and say “see for yourself”? Another day in court, another round of fees to prove the “bleedin’ obvious”. Technically, geo-blocking 9NOW could be implemented for regional areas but this court action is just a game with higher stakes.

  4. I’ve said before I do hope Win wins this case. The metro networks would not like the American broadcasters to retransmit willly nilly – and when the regionals are paying affiliation fees and licence fees it’s not nice to have your partner come through the back door potentially taking your revenue and eyeballs

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