The case over 9NOW Live streaming of metro signals into regional markets continued yesterday as lawyers for Nine and WIN returned to the NSW Supreme Court.
The stoush is being watched closely with other regional broadcasters, such as Prime, objecting to signals in their market.
WIN’s barrister, Tony Bannon told the court “It is essential that we stop (Nine) internet streaming into our area.
“Our ability to make money depends on persuading advertisers that there are eyeballs watching the Nine programs on the WIN stations. Our whole commercial existence depends on that.”
But Justice Hammerschlag told Bannon, “A new method of delivery (live streaming) arose in the land and it turned out to be a plague on you.
“You’re here fighting this battle about it because clearly you’re not happy about it and I can fully understand that but if the parties had ever contemplated it, it would be covered for gratis.”
Nine’s barrister, Noel Hutley, referred to its affidavit which details how WIN CEO Andrew Lancaster attempted to seek a share of digital revenues generated by live-streaming in the most recent round of negotiations in December 2015.
“There has been discussions about whether WIN might gain access to a broader set of rights,” said Hutley. “My client rejected that and this was accepted by them.”
Nine objected to WIN’s attempt to bring in an internet-capable TV into court but Justice Hammerschlag ruled that it could be set up in an office across the court with the parties eventually agreeing that 9Now worked on some smart TVs.
Final arguments will resume today with a decision expected in mid-April.