-6and the distribution platforms are found at one or more domain names, which are used for the
purpose of facilitating communications between particular streaming devices and facilitating
servers. The distribution platforms are dedicated to making the facilitating applications
available to the particular streaming devices with which they are associated.
24
A user of the facilitating applications may select content from the EPG on the facilitating server
which then provides the streaming device with details of the addresses of the streaming servers
from which it may then stream the selected content.
25
Some of the streaming devices have the Google Play Store application (“the Google Play App”)
installed, which would allow a user to obtain access to the Google Play Store and many other
applications that he or she might wish to install on the streaming device. Some of the streaming
devices also include a function that gives the user the option to download and install the Google
Play App. The evidence shows that blocking access to the facilitating applications would have
no impact on the ability of a user of the streaming device to install or use the Google Play App
or other applications made available at the Google Play Store.
SECTION 115A(1)-(2)
26
Section 115A(1)-(2) of the Act provides:
(1)
(2)
27
The Federal Court of Australia may, on application by the owner of a
copyright, grant an injunction referred to in subsection (2) if the Court is
satisfied that:
(a)
a carriage service provider provides access to an online location
outside Australia; and
(b)
the online location infringes, or facilitates an infringement of, the
copyright; and
(c)
the primary purpose of the online location is to infringe, or to facilitate
the infringement of, copyright (whether or not in Australia).
The injunction is to require the carriage service provider to take reasonable
steps to disable access to the online location.
Section 115A, including the three requirements found in s 115A(1), (a), (b) and (c), was
considered in Roadshow and Universal. I do not propose to refer at length to any of these
decisions. It is sufficient for the moment to refer to the discussion in Roadshow at [25]-[54]
and in Universal at [11]-[20].
28
I am satisfied that each of the respondents is a carriage service provider that provides access to
the target online locations each of which is located outside Australia: see 115(1)(a).
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