WIN had argued in the NSW Supreme Court that Nine was in breach of its Program Supply Agreement. But Justice David Hammerschlag in the NSW Supreme Court dismissed the case.
In giving his reasons the judge said: “I have concluded that live streaming is not broadcasting” and “Nine is under no express or implied obligation not to do it.”
WIN broadcasts in the ACT, Tasmania, throughout regional New South Wales, Queensland, Victoria, South Australia and Western Australia.
It contended that Nine’s internet video on demand service, 9Now, directly competes with its programming and that WIN already pays large amounts of money for “exclusivity”.
9Now it argued, allows “Nine to internet stream the same program schedule in real time to viewers”.
It added that “Nine’s arrangements with WIN had only ever been for free to air rights”.
Both the national and regional networks have been affiliated since the 1980s and much of WIN’s programming, including sport, comes from the Nine Network.
WIN’s owner Bruce Gordon owns almost 15 per cent of Nine’s shares and has a similar stake in Channel 10.
Outside the court, a spokeswoman for Nine told the ABC: “We’re very pleased with the result and the vindication of our position.”