-2Japanese and Korean, primarily entertainment , lifestyle,
travel and music programming
5
TVB’s Australian subsidiary, TVB (Australia) Pty Ltd (“TVBA”), provides a pay-tv service in
Australia allowing subscribers to access TVB’s television broadcasts via the internet.
THE APPLICANTS’ EVIDENCE
6
The applicants rely on various affidavits filed in this proceeding made by Mr Wu Kam Ming,
Mr Xiaoguo Weng, Mr Andrew Stewart and Mr Nicholas Kraegen.
7
Mr Wu is TVB’s Senior Executive Engineer. His affidavit explains the functionality provided
by the online locations to the software applications that are or may be installed on the streaming
devices, the availability of the applicants’ and third parties’ copyright content through the
applications, how the target online locations are accessible using the respondents’ carriage
services, and other matters relevant to the operation of the applications.
8
Mr Weng is TVB’s Manager, Sales and Customer Service. His affidavit describes the purchase
of the streaming devices, the status of the streaming devices at the time of purchase, logistical
support provided to Mr Wu, and certain contact details identified in connection with the
manufacturers of the streaming devices.
9
Mr Stewart is the applicants’ solicitor in this proceeding. His affidavit describes the applicants’
ownership of copyright in the applicants’ cinematograph films.
He also describes the
Respondents’ status as carriage service providers.
10
Mr Kraegen is a solicitor who assists Mr Stewart in this proceeding. His affidavit provides
details of the steps undertaken by the applicants to notify the owners/operators of the target
online locations, publicly-available material which promotes or explains the operation of the
streaming devices and applications, and his investigations regarding the location and
registration details of the online locations.
THE APPLICANTS’ COPYRIGHT
11
By virtue of written agreements made between the applicants, with respect to the pre-recorded
television programs, including the applicants’ cinematograph films:
(a)
to the extent that such pre-recorded television programs came into existence prior to
1 January 2018:
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