WIN takes Nine to court to try and block its live streaming service 9Now in regional areas
Regional TV broadcaster WIN has launched legal action against Nine Entertainment over its decision to begin live streaming its channels into regional areas.
WIN has triggered a hearing in the Supreme Court which is expected to test whether Nine’s live streaming on its 9Now services constitutes broadcasting and is therefore a breach of Nine’s licence agreement with WIN.
WIN is owned by media mogul Bruce Gordon who is also the largest shareholder in Nine Entertainment, following a share raid last year in which he picked up a 15% stake.
Regional stations have already registered concern at the rise of live streaming from their metropolitan affiliates, claiming it will undermine their advertising base. Seven started streaming its content at the end of last year.
The surprise legal actions comes a little after a month after the two sides reached a six month deal for WIN to continue carrying Nine content while the they “agreed to work together on a range of opportunities relating to their content and to the mutual growth of their respective businesses”.
The legal manoeuvring is happening at a time when all the regional TV networks Prime, Southern Cross Austereo and WIN are pushing the government to act on media reforms that would allow them to merge with the metropolitan stations.
It is thought that struggling WIN is eager to merge with Nine, while the metro broadcaster is less keen on a deal with Southern Cross Austereo also thought to be a potential dance partner for Nine.
It is believed that WIN will argue that Nine should be geoblocking access to the 9Now service to ensure it does not undermine its affiliate agreements.
None of the other regional networks have launched legal action but it is expected that Southern Cross Austereo and Prime will both watch the case with interest.
Both WIN and Nine declined to comment on the matter which is set for a directions hearing on Thursday.
Nic Christensen
What an absolute dinosaur.
Completely out of touch with what the community at large demands from entertainment in today’s day and age.
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Sure, it’s about live streaming and nothing to do with the $100m or so that Win pay to nine for the content.
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So just pay less? Most of it is shite anyway
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Maybe ‘Nine’ can help ‘WIN’ stream their channels too!
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Consider this WIN, this is not a Filmon, Aereo-like service (The US TV Networks went to court over the same thing and won against Filmon/Aereo for those who don’t know they are/were a streaming tv service) This is a catchup-streaming service from your affiliate Channel 9 not forgetting that you have signed a last minute 6 month deal with Nine in December which lasts until end of June (which you will renew again and keep the current Nine affilation on your stations). Also domestic geoblocking will be hard to do as there’s not really such a thing as regional IP addresses, some ISPs might narrow them down to the exchange level- but generally you’ll just get your capital city, or even just Sydney no matter what. also Nine owns the streaming rights to its programs nationally. It is the same reason that none of the regional stations have a catch-up service – the metro stations own the rights. The only programs that WIN could put on if they had a catch-up service would be WIN produced programming like the local news bulletins (Prime/GWN puts their local news bulletins in full on Youtube) also Channel 9 has been streaming the 6pm news for years before the recent “around the clock” streaming and you haven’t complained and also consider this not everyone in your broadcast areas has internet access and some programs like the Cricket and NRL isn’t streamed online due to rights issues so they will still watch your stations.
Streaming is a broadcast, It is wrong to take a affilated network to court over a catchup and streaming service provided by them If Nine loses the court battle then consider WIN’s affilation with Channel 9 be revoked leaving WIN taking Channel 10 programs with Southern Cross taking the 9 affilation from WIN.
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