The verdict coming on 9NOW


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.

Source: The Australian, Mumbrella


  1. Could this court case possibly be the reason why 9Now is “Coming Soon” to Chromecast, LG TV, Apple TV 4, Sony TV, Samsung TV, Xbox One, Sony Playstation 3 & 4…. according to the 9Now Website? Are they holding back the “Apps” so 9Now is not technically “available” on a TV?

  2. Michael Young

    I used it for the first time recently. We have NBN (National Broadband etc, not Newcastle Braodcasting etc) and even with that it was frustrating, dropped out, forced us to watch the same add over and over and far too many adds at inappropriate times … a disgrace in the 21st century!!!

  3. Aussiecam58

    The Verdict will be the same as the show of the same name, guilty of non engagement with stakeholders. In the case of the show the public felt disconnected and WIN would be feeling the same. I live in regional Australia and the area don’t have the big advertisers like the cities. SCA (Ten) fill a lot of air time with their own radio station adverts. If it the verdict goes against WIN it may sent them off to sign up with Ten. We wait with baited breath.

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