TV station to sue ad blocker

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TV station to sue ad blocker

Postby Antony » Sun 15 Oct, 2006 12:10 am

News from The Sydney Morning Herald, Nine to sue ad blocker company :-)

Background:
Nine Network (or Channel Nine) is Australia's first free-to-air commercial TV.
IceTV, a small software company. Their (paid) electronic programme guide (EPG) provides following feature.
Fast forward in 30 second blocks to skip an entire ad break in an instant. This feature even works with live TV that has been paused, to allow you to catch up to the real broadcast time.


Nine wants to sue IceTV for breach of copyright in the Federal Court over the sale of program guides that allow viewers to record shows and avoid watching commercials.

CHANNEL Nine will tomorrow take a small software company to court in what is seen as an effort to ensure viewers cannot cut out advertisements.

Nine wants to sue IceTV for breach of copyright in the Federal Court over the sale of program guides that allow viewers to record shows and avoid watching commercials.

"The days of the 30-second commercial that we have all grown up watching are numbered," said IceTV business development manager Matt Kossatz.

"Free-to-air networks have to find more cunning ways to get to their market."

For a subscription fee of $3 a week, IceTV provides an electronic programming guide that allows viewers to automatically record programs and cut out ads with the touch of a button.

Free-to-air stations in Australia have refused to provide their guides because of the threat the technology poses to their most crucial source of income - commercials.
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Postby Pu7o » Sun 15 Oct, 2006 12:19 am

They're suing someone for creating software supporting fast-forward? :roll:
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Postby Antony » Sun 15 Oct, 2006 12:28 am

No, the software company provides a software to cut-out ads with a touch of button.

In my opinion, such software is unethical. The company should be sues, and the developers should be arrested...
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Postby Pu7o » Sun 15 Oct, 2006 12:33 am

This isn't a program to block ads on a website or while watching TV, this is a way to easily fast-forward ads on a recording (which everybody/almost everybody who has a VCR does anyway.)
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Postby Don_HH2K » Sun 15 Oct, 2006 10:40 am

They're getting around to this now? 30-second block skip isn't anything new.

If they really want to go this route, they might as well sue Panasonic for putting a "Commercial Advance" feature on their VCRs for the past nine years, that actually detects commercials and pauses the record process while they're being shown.
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Postby Antony » Sun 15 Oct, 2006 11:36 am

Don_HH2K wrote:They're getting around to this now? 30-second block skip isn't anything new.

If they really want to go this route, they might as well sue Panasonic for putting a "Commercial Advance" feature on their VCRs for the past nine years, that actually detects commercials and pauses the record process while they're being shown.
I did not realise that you were so familiar with advertisement blocking technology. :-)

Again, blocking ads is unethical.
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Postby Pu7o » Sun 15 Oct, 2006 11:42 am

"Blocking" ads is unethical. Fast-forwarding ads when playing something on a VCR is not.
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Postby Don_HH2K » Sun 15 Oct, 2006 11:45 am

Pu7o wrote:"Blocking" ads is unethical. Fast-forwarding ads when playing something on a VCR is not.


Then does that mean pressing "REC PAUSE" while commercials are playing back is unethical?
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Postby Pu7o » Sun 15 Oct, 2006 11:56 am

Yes. If you stop recording while ads are playing, then you are unethical, and you should be thrown into space without any protection, and you will implode.
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Postby Mandrake » Sun 15 Oct, 2006 9:48 pm

I think everyone who owns a VCR and tapes shows will either make sure it's taped without ads in it, or will fast forward through the ads when they watch the recording! Are they going to sue everyone who owns a VCR!?
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Postby Antony » Wed 08 Aug, 2007 8:55 pm

The verdict is out. The court is in favour of IceTV, the company offering electronic program guide (EPG).

Channel Nine sued IceTV for providing EPG on its channel and allowing users to skip the ads, IceTV said they do not take program guide directly from Channel Nine.

Nine claimed IceTV's guide was too similar to its own, but at the heart of the case was the potential for IceTV users to skip through advertisements in recorded shows.

Handing down her judgment today, Justice Annabelle Bennett agreed Nine owned the copyright to its program guide but dismissed Nine's claim on the basis that IceTV "does not reproduce a substantial part of" Nine's guide.


News source: Nine loses electronic program guide case (The Sydney Morning Herald, 9th Aug 2007)
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Postby Antony » Thu 23 Apr, 2009 12:43 am

Just an update to this case: IceTV won the case, the final verdict, yesterday.

the recap:
In late 2006, Channel Nine wasn't happy that IceTV published their TV schedule. Channel Nine sued IceTV. In August 2007, the Federal Court found in IceTV's favour.
Channel Nine appealed, and in May 2008, Channel Nine won.
IceTV then appealed to the High Court and won.

(To those who are not familiar, High Court is Australia's final count.)

News source: IceTV's High Court win over Channel Nine a victory for viewers (news.com.au, 22 April 2009)
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Postby Don_HH2K » Thu 23 Apr, 2009 7:00 am

You know, I just saw the original date on this topic... I love how the legal system always takes years to get things done. :roll:
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