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An interesting analysis of the social issues underlying the IceTV vs Nine case has just been published by Benedict Atkinson and Professor Brian Fitzgerald (QUT Law Faculty): Copyright as an Instrument of Information Flow and Dissemination: the case of ICE TV Pty Ltd v Nine Network Australia Pty Ltd.

The abstract says: “This article outlines and critically evaluates the case of Ice TV v National Nine Network. This case which is being heard before the High Court of Australia in October 2008 considers the boundaries of copyright protection for compilations…”
“The convening of all seven judges of the High Court is a rare occasion and reserved for cases of special significance. The court’s decision in this case has the very real potential to influence the shape of innovation and productivity in Australia over the next decade. It will be asked to determine a legal issue that invites the court to provide guidance on the underlying purpose of copyright law and its role in promoting information dissemination and information flows: variables that (evolutionary) economists see as foundational to innovation.To this end we believe the outcome of this case may substantially determine the extent to which commercial information compilers control the use of non-expressive compilations. The underlying concern of many observers is that if substantial reproduction is said to result from appropriation of investment, and investment is said to be a legitimate simulacrum of expressive originality, most unauthorised copying of compiled information will constitute breach of copyright. The adverse social and economic consequences of so-called ‘copyright in information’ may be great.”

The full article can be downloaded from the QUT website.

I have also previously mentioned an excellent analysis of the case by David Lindsay in a previous blog. David’s Powerpoint presentation can be downloaded from the Copyright Association’s website. Come back tomorrow for a rundown on the final day of the High Court hearing.