According to the Sydney Morning Herald, Nine Network claimed that IceTV's electronic program guide which subscribers can use to schedule television recordings from their computer, personal video recorder or mobile phone, breached its copyright. The guide enables users to avoid advertisements.
Justice Annabelle Bennett dismissed Nine's claim on the basis that IceTV's guide does not reproduce a substantial part of Nine's guide.
The court action was viewed as an old media versus new media battle in which Nine was trying to control of the consumption of its programmes.
IceTV only has 6500 paying subscribers and several thousand free subscribers on the trial version, so it was seen as a David and Goliath type battle.
Ice claimed it was not responsible for subscribers using their computers or video recorders to make copies of television shows and skip ads because its service simply provided the recording software.
Ironically Seven plans to release the Tivo box next year which is similar to Ice TV's software. However the Tivo box will be released with strict conditions that the Ice system does not.
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