-9•
MediaCorp TV Singapore Pte Ltd – which is the owner of copyright in the films Cook
Eat China;
•
Sanlit E-Television Co, Ltd. – which is the owner of copyright in the films iWalker –
One Two Free (V) and Memory Lane;
•
Korea International Broadcasting Foundation (Arirang TV) – which is the owner of
copyright in the cinematograph films known as Arts Avenue 2017;
•
FreemantleMedia – which is a co-owner of copyright in (as described in the evidence)
the films America’s Got Talent and Britain’s Got Talent”;
•
Beijing iQIYI Science & Technology Co, Ltd – which is the owner of copyright in the
films Tientsin Mystic.
35
The applicants do not suggest that it is their copyright that is being infringed in the case of
these films. Nevertheless, it is clear from the evidence that the copyright of these third parties
is being infringed when these cinematograph films are made available online for viewing in
Australia by users of the streaming devices and the facilitating applications.
36
Viewed from a purely technical perspective, the function of the target online locations is to
provide the streaming devices with the software they need to enable them to be operated by the
user to view television content previously broadcast on TVB’s free-to-air channels in Hong
Kong. However, in seeking to determine whether the primary purpose of the target online
location is to infringe or facilitate the infringement of copyright, it is necessary to examine their
function from a somewhat broader perspective.
37
At a broader level, the target online locations are designed to provide users with access to
television content consisting of films including movies, television series and live broadcasts of
news, weather and finance programs, which also include some pre-recorded segments.
38
There is no reason to think any of these movies, television series or pre-recorded segments that
are made available are not the subject of copyright as cinematograph films. Nor is there any
reason to think that the persons responsible for the establishment and maintenance of the target
online locations, and the streaming servers from which the relevant content is streamed, have
obtained the permission of copyright owners to make any such content available online to users
of the streaming devices. The evidence shows that TVB, TVBO and the third party copyright
owners or exclusive licensees I have referred to have not given any such permission to the
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