Loyola of Los Angeles Law Review Volume 38 Number 1 Symposium—Intellectual Property at a Crossroads: The Use of the Past in Intellectual Article 3 Property Jurisprudence 9-1-2004 Copyright and the Victorian Internet: Telegraphic Property Laws in Colonial Australia Lionel Bently Follow this and additional works at: https://digitalcommons.lmu.edu/llr Part of the Law Commons Recommended Citation Lionel Bently, Copyright and the Victorian Internet: Telegraphic Property Laws in Colonial Australia, 38 Loy. L.A. L. Rev. 71 (2004). Available at: https://digitalcommons.lmu.edu/llr/vol38/iss1/3 This Symposium is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact
[email protected]. COPYRIGHT AND THE VICTORIAN INTERNET: TELEGRAPHIC PROPERTY LAWS IN COLONIAL AUSTRALIA Lionel Bently* This article concerns the relationship between law, technology, and society. More specifically, this article is about legal responses to the establishment of global telecommunications networks and how those networks prompted a reevaluation of the legal protection of data, and in particular, requests that information be treated as property. This article explains how these requests were met with the criticism that granting property rights in data would restrict freedom of expression and reinforce monopolies. Subsequently, the laws came to be adopted in some territories but were rejected in others. Does all this sound too familiar? Then it may be a surprise to discover that this article is not about the relationship between copyright and digital communications technologies, the Internet, the * Herchel Smith Professor of Intellectual Property Law, Director of the Centre for Intellectual Property and Information Law and Professorial Fellow at Emmanuel College, University of Cambridge.