- 11 42 As to the various considerations relevant to the exercise of the discretion in this particular matter, I think the following matters should be given most weight in determining whether to make the blocking orders sought: • flagrancy of the infringements; • impact on persons likely to be affected; • availability of other remedies; • proportionality of response; and • compliance with s 115A. Flagrancy 43 There may be many people who use the streaming devices to view TVB broadcasts who do not appreciate that they are infringing copyright when doing so. Because the content made available by means of the streaming devices using the relevant software is available in Hong Kong in the form of free to air television broadcasts, there may be some users, perhaps many, who are unfamiliar with copyright law, and who do not appreciate that by using the streaming devices to view the TVB broadcasts in Australia that they are infringing copyright in feature films, television series, and pre-recorded segments included in the TVB broadcasts. 44 Be that as it may, I regard as flagrant the copyright infringements of the persons who have made the TVB broadcasts available online, including those persons responsible for the establishment and maintenance of the target online locations that make it possible for users of the streaming devices to view the TVB broadcasts either in close to real time or at some later time using the VOD service. Impact on persons likely to be affected 45 I suspect (though there was no evidence of this) that there will be some people who use the streaming devices to view television programs which they may have grown accustomed to watching for free by viewing TVB free-to-air channels in Hong Kong. It may rankle some of these people that they might no longer be able to watch these TVB broadcasts in Australia free of charge or, at least, that the Court is being asked to make orders that may make it more difficult for them to do so. However, the suggestion that this would impose an undue burden or hardship on users of the streaming devices is really no different from saying that they should be permitted to enjoy the same content for free that other users of TVB Australia’s pay-tv service are required to pay to view. The unfairness inherent in this form of “free riding” extends