WIN loses bid to get 9Now live streaming service banned from its broadcast area
The NSW Supreme Court has rejected an application by regional broadcaster WIN to block access by its regional customers to Nine Entertainment Co’s live streaming service.
Justice David Hammerschlag today ruled that the contract between Nine and WIN did not give the regional media player the rights to online streaming in its geographical area.
“WIN led no evidence of having suffered loss by Nine’s alleged breach,” Justice Hammerschlag wrote in his judgment. “Injunctive relief would visit disproportionate harm on Nine . . . with the consequence that it would have to shut down the service entirely to comply with any injunction.”
WIN launched the legal action action in February, claiming the launch of 9Now in January fundamentally undermined its business case and risked drawing viewers and therefore advertisers away from the regional TV network.
Common sense has prevailed.
Good. The attempt to set up a firewall around Wollongong has failed. Glad to hear that freedom of choice in the global village has prevailed.
There is so much more to this than meets the eye.
Reading the judgment, what gets me is the way the two companies were comfortable operating million dollar deals for years just on short form agreements. I don’t know if this is common in business but this case and the ambiguities arising from the short form agreement show that it can end in (expensive) tears.
So why couldn’t the decision include a geo block for regional areas?
I am sure NEC would complain if Netflix was streaming into AU with its USA library…. oh.. they did!
Sounds like someone at NEC had a strong word with the courts to ensure they got what they wanted regardless of WIN’s request.
Why don’t WIN also stream their signal? And incentivise people in their broadcast area to stick with them?