Channel 9 appeal judgment day today

[SimonB]

Very well put!  8)

Agreed 100%.

[Nem]

I whole hearted agree especially with the bit about increasing program viewing. I would simply not watch a lot of TV because I have a life and choose to record programs for later viewing which I would otherwise miss but admit I do skip through the commercial breaks. I have for the most part seen at real time speed all of the ads broadcast on my watched stations and recognise them somewhat subliminally as they flash past whilst queuing to my recorded program. Quite often if the advertisement has new or unrecognised content I do actually rewind and see what its all about. Repeatedly viewing advertisments does not make me any more likely to show increased interest in the advertised product and therefore queuing the commercial only cuts into the opportunity for me to engage in a personal channel nein boardroom meeting (toilet break).  ;D

[Matt at IceTV]

Justice Bennett will be handing down her judgment today regarding the second round of this legal battle (Nine's Appeal). Following a meeting with our legal team shortly afterwards , we will make a formal statement via our website as soon as possible.

Unfortunately at this point in time we are unable to make any comment or discuss the likely outcome publicly.

I just wanted to take this opportunity to thank you all and say that we greatly appreciate everyone's ongoing support.

As most of you know, we have already seeked to have the matter heard in front of the High Court despite what may be decided by the Courts today. We will continue to fight for the right for an independant third party EPG provider (such as IceTV), to remain available to Australian consumers as is the case in many other countries around the world.

Once again, we greatly appreciate your support and thank you for taking the time to write to the Authorities regarding the matter.

Please continue to check the News section of our website for any official announcements.

Cheers,

Matt
IceTV

[JPP]

Is it just me or is everyone affected. Channel Nine is now missing from the guide on the web. And, after a reboot, so it's also been removed from the widget. :(

[Daniel Hall at IceTV]

More information can now be found at http://www.icetv.com.au/cgi-bin/websupport.cgi?op=show_faq&faq_id=117&faq_cat_id=2

[impact]

So I read the news section... a bit of lack of detail though...

But what makes me angry is the way this has been communicated to the 'loyal' followers of icetv.

As usual - no reall announcement - just turn off the service... causing hundreds of people to start tinkering - why have I lost ch9... hmmm...  lets get the guide data again... nope not fixed... Oh sh*t has the MS bug returned in loosing channels / guide data - as we just had a major patch only days ago...

So after tinkering.. for awhile - is it just me or others... Log onto the forums - found a couple of comments - so I know its not me... and then a link to the news item...


So yep I am angry ch9 has done this, but what makes me more angry is the way icetv has neglected its user base;
- ie. they waited until complaints occured in the forum of where is my ch9 before posting the link to the news
- icetv knows everyone's email address - it may have been nice to send out a little apology email to tell you about the issue, and resolution, and hope that it will be fixed... Nope instead email is used for promoting and selling services - not to advise customers of a major issue.

Loosing faith here guys... customer service appears to be falling... hope the phone has been busy tonight guys...

I know my guide was working at 6:30pm, but shortly after that, my machine did a guide update, and now I have lost ch9 - gee if I had of known, I could have turned the update off, and limped home for a few days while you sort out the mess....  Now I have to consider doing heaps of manual recordings, or abandon icetv for a freebie that still operates.


Reckon others will be starting a thread soon on compensation....

[Matt at IceTV]

Now I have to consider doing heaps of manual recordings, or abandon icetv for a freebie that still operates.

We apologise for any inconvenience not having IceTV Guide data for Channel Nine last night and this morning may have caused some customers. This problem is being fixed as we speak and you will already start to see scheduling information available for Ch9 as of this afternoon if you download the IceTV Guide again now.

Yesterday, the Full Court of the Federal Court made certain orders as part of the Appeal Judgment that required IceTV to immediately delete all scheduling information (ie time & title) that we had for Channel Nine programming in our database from Dec 2005 to today (June 25th). We followed the instructions of the injunction made by the Full Court as many of you noticed.

For those interested, Justice Bennett's rulings can be found http://esearch.fedcourt.gov.au/Esearch?showDoc=25553926.

IceTV has lodged an application for special leave to appeal to the High Court of Australia from the decision of the Full Court.

In the meantime and as always, we are committed to providing the best possible service we can.

As we have suggested in our News / Blog section, we will provide any further information we can regarding this matter, if and when we are permitted to do so.

Once again, we apologise in advance for any inconvenience this temporary overnight disruption in our regular coverage of Channel Nine's programming within the IceTV EPG may have caused some customers.

We suggest that for the coming days, you update the IceTV Guide regularly (ie more than once per day) as we replace the guide data for Channel Nine with fresh listings.

We greatly appreciate your support and thank you for taking the time to write to the Authorities regarding the matter. We are also making formal requests to all the TV Networks to permit IceTV or grant licensed access to reproduce their weekly television listings within our IceTV Guide. We will notify everyone if anything substantial eventuates.

Regards,

IceTV

[impact]

Me thinks you lie....

Quote - 'This problem is being fixed as we speak and you will already start to see scheduling information available for Ch9 '

About an hour after this statement - a refresh of the guide data for Melbourne - and nothing for Ch9.


My concern is also about stability, who knows when, later today, next week or next month... when the police come and raid, or everything is exhausted - suddenly ch9 data disapears without a warning...


Gee a Tivo is starting to look good again - even at $700 and available next month - at least no ongoing guide data subscriptions...

[bruiser333]

Reckon others will be starting a thread soon on compensation....

Why? I imagine most reasonable Ice users would want nothing to do with it. It would seem they are fighting a desperate battle at the moment, and you want to take issue with them because Nein gained an injunction which forced Ice to remove their scheduling data?

[OzRob]

Me thinks you lie....

Quote - 'This problem is being fixed as we speak and you will already start to see scheduling information available for Ch9 '

About an hour after this statement - a refresh of the guide data for Melbourne - and nothing for Ch9.


My concern is also about stability, who knows when, later today, next week or next month... when the police come and raid, or everything is exhausted - suddenly ch9 data disapears without a warning...


Gee a Tivo is starting to look good again - even at $700 and available next month - at least no ongoing guide data subscriptions...

Gee, you wait a WHOLE hour for them to reconstruct their guides nationally before laying into them. My, you are generous!

You're aware, of course, that you can't skip over ads on a TiVO.

[prl]

...
Yesterday, the Full Court of the Federal Court made certain orders as part of the Appeal Judgment that required IceTV to immediately delete all scheduling information (ie time & title) that we had for Channel Nine programming in our database from Dec 2005 to today (June 25th). We followed the instructions of the injunction made by the Full Court as many of you noticed.
...

Was IceTV permitted to retain a backup copy, at least until the appeal against the injunction was heard?

Anyway, I'm now seeing WIN in my widget.

[Matt at IceTV]

Me thinks you lie....

Quote - 'This problem is being fixed as we speak and you will already start to see scheduling information available for Ch9 '

About an hour after this statement - a refresh of the guide data for Melbourne - and nothing for Ch9.


My concern is also about stability, who knows when, later today, next week or next month... when the police come and raid, or everything is exhausted - suddenly ch9 data disapears without a warning...


Gee a Tivo is starting to look good again - even at $700 and available next month - at least no ongoing guide data subscriptions...

Given the circumstances we are acting accordingly and doing the best we possible can to return our service to the normal high levels of standards. We have full intention in meeting the Full Court's orders with respect to our methodology for compiling Nine's weekly schedule and are doing so as we speak.

We suggest that for the coming days, you update the IceTV Guide regularly (ie more than once per day) as we replace the guide data for Channel Nine with fresh listings. You should see data for Channel Nine appearing for at lest the next few days in your region. Please be aware however that all regions at the moment are following Channel Nine Sydney and that we will endeavour to accurately reflect each region's individual schedule nationally as soon as possible.

Once again, we apologise in advance for any inconvenience this temporary overnight disruption in our regular coverage of Channel Nine's programming within the IceTV EPG has caused some customers.

We have once again formally requested certain TV Networks to permit  or grant licensed access to IceTV to reproduce their weekly television listings within our IceTV Guide. It is our understanding that similar agreements must have been made for services such as TiVo to provide thier EPG information. We hope to hear from them shortly and learn more of the requirements they may have in order for IceTV to do so. We will notify everyone if anything substantial eventuates.

Regards,

IceTV

[yanis]

You should see data for Channel Nine appearing for at lest the next few days in your region. You should see data for Channel Nine appearing for at lest the next few days in your region.

Nine data is currently being generated for the period Wednesday through Friday for Adelaide metro areas.

From the ruling you provided it appears that there was a date specified "up to" for deletion. I take it that is the reason you are publishing data again (i.e. the ruling has now, effectively, been completed)?

[Matt at IceTV]

From the ruling you provided it appears that there was a date specified "up to" for deletion. I take it that is the reason you are publishing data again (i.e. the ruling has now, effectively, been completed)?

Section 5 of the Full Court's ruling was as follows;

"...delete forthwith from any television program schedules (of which it has electronic copies including in the IceTV Database) all Nine Program Time and Title Information (but not the program and episode title for any of the applicant’s television programs) entered from 1 December 2005 to the date of this order."

The full list of orders made by the Full Court of the Federal Court can be found here.

We have complied with the orders made yesterday by the Full Court of the Federal Court and hence have started to provide scheduling information once again for Channel Nine by methods which strictly comply to the Full Court's findings.

IceTV has lodged an application for special leave to appeal to the High Court of Australia from the decision of the Full Court.

We have also made further requests to certain TV Networks to permit or grant licensed access to IceTV to reproduce their weekly television listings within our IceTV Guide. It is our understanding that similar agreements must have been made for services such as TiVo to provide thier EPG information.

As we have said previously, we hope to hear from these TV Networks shortly to learn of any requirements they may have in order for IceTV to do so. We will notify everyone if anything substantial eventuates.

Regards,

Matt
IceTV

[csutak40]

Reckon others will be starting a thread soon on compensation....

Why? I imagine most reasonable Ice users would want nothing to do with it. It would seem they are fighting a desperate battle at the moment, and you want to take issue with them because Nein gained an injunction which forced Ice to remove their scheduling data?

I certainly have no intention asking for compensation, and I do understand the reason the guide had to me removed, but I must say we could and should have been notified.  That is my only quibble.   As someone said, IceTV does have our email addresses, so a short email can't be that hard.  The email wouldn't have had to give any info that may impede the court case, just to let us know that until further notice, the Nine guide will be removed.