- 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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