- 12 not just to the copyright owners, but also to the Australian subscribers to the authorised TVB
pay-tv service operated by TVBA.
Availability of other remedies
46
I am satisfied that there are no other remedies that are available to the applicants that are
practical, cost effective or likely to curtail the infringements of their copyright or the copyright
of third parties whose cinematograph films are included in TVB’s television broadcasts. This
is because, as the evidence shows, the operators of the target online locations, who are almost
certainly based overseas, are virtually impossible to track down. Obtaining any form of
effective injunctive relief against them in Australia is not a realistic option.
Proportionality of response
47
Given my findings as to the nature and scale of copyright infringement that is being facilitated
by the target online locations, the apparent lack of regard shown by their operators for the rights
of copyright owners, and the difficulties confronting them in obtaining any direct relief against
those responsible for making the applicants’ cinematograph films available online, I am
satisfied that orders under s 115A(1) provide a proportionate response to the infringement of
the applicants’ and third parties’ copyright that is made possible using the facilitating
applications.
48
The orders sought by the applicants will not prevent the users of the streaming devices from
using them to download other applications which they may use to stream content that is made
available online in Australia by or with the permission of the relevant copyright owner.
49
I accept that access to some of content that was originally broadcast (ie. which was not prerecorded) in which copyright does not subsist may also be blocked, but my strong impression
from the evidence is that this is likely to constitute a relatively small proportion of the total
content the subject of TVB’s television broadcasts in Hong Kong. This is not a case, in my
view, where blocking orders, if made, will significantly curtail non-infringing use of the
streaming devices.
Compliance under s 115A(4)
50
Section 115A(4) requires the applicant to notify (inter alios) the person who operates an online
location in respect of which the relevant order is sought of the application. The Court may
dispense with this requirement if it is satisfied that the applicant is unable, despite making
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