Nine and WIN Television were back in the NSW Supreme Court over the legal stoush surrounding Nine’s new 9NOW service.
WIN claims Nine is denying it advertising revenue by the Live streaming service being accessible in WIN markets.
Fairfax Media reports the judge has challenged WIN to bring an internet-connected TV into court to demonstrate that the app, which is available on phones, laptops and Android devices, can be accessed on a browser on a television. If so, it could sway the definition of the word “broadcasting.”
“Is the argument that I should regard this as broadcasting because it ends up on the television screen?” Justice Hammerschlag asked.
“Well, if this is a real argument, why not just set a television up here and let’s see that it works? Why do I have to operate on the basis of a hypothesis …If you’re right it might be a powerful point, I don’t know.”
It isn’t clear if WIN will take up the TV test challenge.
Last week, Ian Audsley chief executive of Seven’s regional affiliate partner Prime Media Group, told a Senate hearing his network Prime was losing advertising sales to the metro network’s streaming service.
Nine argued it would be difficult to shut down its 9 Now in the areas where WIN retransmits without shutting down the entire service.
Both parties resume in court today.
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