Judge asks WIN whether new technology has ‘turned out to be a plague on you’ in 9Now case

Regional TV Network WIN has said it is “vital” its metropolitan affiliate Nine stops live-streaming into its licence areas as “we need their content in order for us to make money”.

On the second morning of the case, WIN’s barrister Tony Bannon SC argued the term ‘broadcast’ should be interpreted to cover both free-to-air TV and live-streaming, telling the court: “It means to disseminate”.

“As your Honour pointed out, we have nothing without their content. It’s medium non-specific but the key is we have to be the only ones selling eyeballs to that content.”

However, in the NSW Supreme Court, Justice David Hammerschlag questioned this interpretation, referring to the wording in the affiliate agreement, asking: “Is it not what the parties mean? Is it not, rather, broadcasting in the sense of the (Broadcasting Services) Act and then a new method arose and it turned out to be a plague on you?