- 10 operators of either the target online locations or the streaming devices from which the relevant content is streamed. 39 I am satisfied that the feature films, episodes of television series and other pre-recorded content the subject of copyright delivered by the streaming devices operated using the facilitating applications available from the target online locations is being made available online in Australia without the permission of the relevant copyright owners in reach of copyright. 40 I am also satisfied that the primary purpose of the target online locations is to facilitate the infringement of copyright by making such material available online in Australia in circumstances where this occurs without the consent of the relevant copyright owners. The making available of this material online constitutes an infringement of the communication right: see s 86 and the definition of “communicate” in s 10 of the Act. DISCRETION 41 With regard to the discretion to make an order under s 115A(1), s 115A(5) provides: (5) In determining whether to grant the injunction, the Court may take the following matters into account: (a) the flagrancy of the infringement, or the flagrancy of the facilitation of the infringement, as referred to in paragraph (1)(c); (b) whether the online location makes available or contains directories, indexes or categories of the means to infringe, or facilitate an infringement of, copyright; (c) whether the owner or operator of the online location demonstrates a disregard for copyright generally; (d) whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement; (e) whether disabling access to the online location is a proportionate response in the circumstances; (f) the impact on any person, or class of persons, likely to be affected by the grant of the injunction; (g) whether it is in the public interest to disable access to the online location; (h) whether the owner of the copyright complied with subsection (4); (i) any other remedies available under this Act; (j) any other matter prescribed by the regulations; (k) any other relevant matter.