Copyright, Crime And Computers: New Legislative Frameworks For Intellectual Property Rights Enforcement

This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond those traditionally associated with copyright infringement. Cases discussed include several prosecutions of file-sharing website operators, and the extradition from Australia of a suspect in an international online piracy group prosecution led by the United States Department of Justice.