ABSTRACT

This chapter focuses on one of the most complex and intractable areas, namely the application of intellectual property laws in the world of telecommunications. It provides how best to regulate offences of piracy committed through the use of telecommunications services and equipment. In Victoria, proceedings have been taken against four computer organisations in respect of allegations of software piracy. The chapter examines the use of the criminal law to prosecute copyright infringements on the Internet. The primary telecommunications carrier in Australia, the Telstra Corporation, has been partially privatised and the industry opened to increased competition on 1 July 1997. Even the use of existing telecommunications technology has given rise to proceedings for copyright infringement. In Australia, Part VIIB Crimes Act 1914 creates various offences relating to telecommunications services and arguably some of the provisions could be used to prosecute acts of copyright infringement which occur on the Internet or which are otherwise facilitated through telecommunications services.