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None of the target online locations +are a website in the usual sense. Rather, they are online
locations from which specific files are downloaded by various applications that run under the
Android operating system. The same was true of many of the online locations that were the
subject of the blocking orders made in Roadshow 2.
THE FACILITATING APPLICATIONS
20
The streaming devices use proprietary Android-based software applications (“the facilitating
applications”) to stream live television broadcasts which include cinematograph films the
copyright in which is owned by or exclusively licensed to TVB or TVBO. In order for the
application to facilitate the streaming of such content, it must first communicate with a
facilitating server (“facilitating server”) and engage in an authentication process. After that
has occurred, the facilitating applications may be used to download an electronic program
guide (“EPG”) made available from another facilitating server which lists the content available
for streaming to the streaming device from a different server that stores reproductions of the
relevant content (“streaming server”).
21
The facilitating applications allow the user operating the streaming devices to:
•
view TV, by delivering the TVB television broadcasts via the internet with a delay of
between about one and four minutes;
•
provide a video-on-demand (“VOD”) service in which a range of cinematograph films
(both feature films and television series) are made available and which will stream on
demand;
•
replay portions of TVB programs on demand up to 7 days after they have been
broadcast.
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The facilitating applications come preinstalled on some of the streaming devices. For the
streaming devices that do not come with them pre-installed, the facilitating applications must
be obtained from facilitating servers that make available digital distribution platforms (“the
distribution platforms”) for facilitating the download of applications that can be used with the
streaming device. These online locations make available the facilitating applications for
download allowing them to be installed and/or reinstalled on the streaming devices if deleted
or if updated.
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Each of the facilitating applications is proprietary in the sense that it can only be used with the
particular streaming device on which it is designed to operate. The facilitating applications
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