-8principal intention of users of that online location. Purpose may be distinct from motive. An online location may have the ‘primary purpose’ of infringing, or facilitating the infringement of copyright even if the operator of the location derives a commercial advantage or profit from the operation of the location. For example, where an online location has copyright infringement as the principal activity for which it exists and the principal reason for attracting visits to the online location, the fact that the motive or incentive of its operator is to draw profits from advertising revenue does not mean that its primary purpose is to profit from advertising rather than to infringe copyright. (emphasis added) [49] 32 The purpose of the online location may be ascertained by a consideration of the use that is or may be made of it. If the Court is satisfied that the principal activity for which the online location is used or designed to be used is copyright infringement or the facilitation of copyright infringement, then it will be open to conclude that the primary purpose of the online location is to infringe, or to facilitate the infringement of, copyright. The target online locations provide the streaming devices with the software that they require to stream the content that is broadcast by the TVB in Hong Kong. The content of the broadcast is stored on servers that allow it to be streamed between one to four minutes after it is broadcast by TVB on free-to-air channels in Hong Kong or at some later time using the video on demand facility. Most of this content consists of cinematograph films (feature films or episodes of television series) made by TVB or third parties together with various live programs that, although not pre-recorded, still contains some pre-recorded segments. These live programs include news, weather, finance and business content that will often include segments in which a television presenter will read from a script prepared by the presenter or other employees of TVB. 33 A significant proportion of the content that can be streamed by using the streaming devices and the facilitating applications comprise cinematograph films the copyright in which is owned by the applicants. The evidence indicates that approximately 20% of the content broadcast by TVB in Hong Kong is likely to fall within this category. 34 In addition, the evidence indicates that approximately 30% of content broadcast by TVB in Hong Kong comprise cinematograph films made by third parties for which TVB has nonexclusive licences permitting TVB to broadcast them in Hong Kong. These third party copyright owners include: • Fox Networks Group Asia Pacific Limited – which is the exclusive licensee of copyright in Australia of a television series entitled “Nothing Gold Can Stay”;