A federal court heard last month that Ten released an explanation in May at the bottom of a long “Terms of Service” page accessible from a link at the bottom of the website.
In a ruling on Monday, Federal Court Judge Anna Katzman said, “10 people firmly argued where on the 10play website there was absolute discretion,” because the terms of the settlement agreement were “silent on the matter.” Stated.
In the “objective reading” of the agreement, she said the position was “unacceptable” and by posting an explanation on its Terms of Service page, “Ten is a place that no one is likely to notice. I put it in. “.
Judge Katzman said Ten’s actions involved what judges in unrelated cases called “an ironic means to a blackletter.”
Judge Katzman said, “It is a malicious act to publish an explanation in a place that is unlikely to be seen by anyone, let alone those who have seen or heard the publication that the proceedings have been compromised by the agreement. It was. ” ..
She ordered Ten to pay Mr. Hafertepen’s legal costs on a compensation basis. This covers a higher percentage of his legal costs than would normally be given to a successful party in the light of Ten’s “irrational” conduct.
Judge Katzman ordered Ten to carry out the instructions on the pages of the 10play website related to the program. project“.
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