IceTV Wins in High Court

The guys at the Unlocking IP blog are reporting that IceTV (which was providing electronic program guides independently of the tv stations) have won in the High Court. It is not a short decision, so will take a while to digest. The court is tracking down a path which will make it easier for interoperability to be achieved, and is backing away from the Desktop Marketing decision (in which Telstra was found to hold copyright in the telephone directory)

I’d like to think that, since the Stevens v Sony decision the High Court has realised that an expansive view of copyright creates an impossible burden for courts – in that any interpretation is continually sought to be expanded and, taken to its logical conclusion, almost any reasonable activity in modern life would involve a copyright infringement of some sort. Hopefully now decisions will become a little more based in practical reality than what we have seen from the Federal Court through the 90s and early 00s.

See also: my post on interoperability under AU copyright law.


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