Dr Rebecca Giblin - Researcher Profile

Biography

Informed by her early career as an information technology consultant, Rebecca's research focuses primarily on copyright law and the regulation of the internet and emerging technologies. Her book Code Wars (Edward Elgar, 2011, www.codewarsbook.com) recounts the legal and technological history of the first decade of the P2P file sharing era, focusing on the innovative and anarchic ways in which P2P technologies evolved in response to decisions reached by courts with regard to their predecessors. Rebecca’s recent major research paper ‘Evaluating Graduated Response’ considers the extent to which the big claims that are being made about the success and efficacy of global graduated responses are actually supported by the available evidence.

Current research interests include pinning down the elusive notion of ‘the public interest’ in copyright, working towards a new exceptions framework in Australia and further developing her work on ‘coding out’ of liability.  Rebecca is a Senior Lecturer within Monash University's law faculty and sits on the Board of the Australian Digital Alliance. During 2011 Rebecca was the Kernochan Visiting International Intellectual Property Scholar at Columbia Law School in New York, and in 2013 a Senior Visiting Scholar in residence at Berkeley Law School. In 2013 and 2014 her work is being partly funded by the Monash University Research Accelerator Program.

•     A selection of Rebecca’s recent papers is available on SSRN.
•     Tweets on tech law, IP & related issues @rgibli.  

Research & Supervision Interests

My research interests centre on copyright law and technology regulation. Some particular interests include:

• domestic and global copyright law (and law reform processes)
• the public interest in copyright
• intermediary liability for copyright infringement
• user rights and exceptions
• anti-regulatory code (see www.codewarsbook.com)

Publications

Books

Giblin, R., 2011, Code Wars: 10 Years of P2P Software Litigation, Edward Elgar Publishing, Cheltenham UK.

Book Chapters

Giblin, R.K., 2014, Beyond graduated response, in The Evolution and Equilibrium of Copyright in the Digital Age, eds Susy Frankel and Daniel Gervais, Cambridge University Press, UK, pp. 81-112.

Journal Articles

Giblin, R.K., 2014, Evaluating graduated response, The Columbia Journal of Law & the Arts [P], vol 37, issue 2, Columbia University School of Law, USA, pp. 147-210.

Giblin, R.K., 2014, When ISPs become copyright police, IEEE Internet Computing [P], vol 18, issue 2, IEEE Computer Society, USA, pp. 84-87. View Publication

Giblin, R.K., 2013, Was the High Court in iiNet right to be chary of a common law graduated response?, Media and Arts Law Review [P], vol 18, issue 4, LexisNexis, Chatswood NSW Australia, pp. 283-309.

Giblin, R.K., 2012, Australia's High Court rules on ISP's liability for user infringements, Journal of Intellectual Property Law & Practice [P], vol 7, issue 8, Oxford University Press, Oxford UK, pp. 559-560.

Giblin, R.K., 2012, On the (new) New Zealand graduated response law (and why it's unlikely to achieve its aims), Telecommunications Journal of Australia [P], vol 62, issue 4, Swinburne University of Technology, Hawthorn Vic Australia, pp. 1-14. View Publication

Giblin, R.K., 2012, Optus v NRL: a seismic shift for time shifting in Australia, European Intellectual Property Review [P], vol 34, issue 5, Sweet & Maxwell, London UK, pp. 357-363.

Giblin, R.K., 2012, Stranded in the technological dark ages: implications of the Full Federal Court's decision in NRL v Optus, European Intellectual Property Review [P], vol 34, issue 9, Sweet & Maxwell, London UK, pp. 632-641.

Giblin, R.K., 2012, The P2P wars: How code beat law, IEEE Internet Computing [P], vol 16, issue 3, IEEE, Los Alamitos USA, pp. 92-94. View Publication

Giblin, R., 2011, Physical world assumptions and software world realities (and why there are more P2P software providers than ever before), The Columbia Journal of Law & the Arts [P], vol 35, issue 1, Columbia University, New York USA, pp. 57-118.

Giblin, R.K., 2009, The uncertainties, baby: Hidden perils of Australia's authorisation law, Australian Intellectual Property Journal [P], vol 20, issue 3, Thomson Reuters, Pyrmont, NSW, Australia, pp. 148-177.

Giblin, R.K., 2008, A Bit Liable? A Guide to Navigating the US Secondary Liability Patchwork, Santa Clara Computer & High Technology Law Journal, vol 25, issue 1, Santa Clara University School of Law, Santa Clara California USA, pp. 7-49.

Giblin, R.K., 2007, On Sony, Streamcast and Smoking Guns, European Intellectual Property Review, vol 29, issue 6, Sweet & Maxwell Ltd, London UK, pp. 215-226.

Giblin-Chen, R.K., 2006, Australia to become nerve centre for P2P litigation?, Computer Law Review International, vol 7, issue 5, Verlag, Germany, pp. 156-158.

Giblin-Chen, R.K., Davison, M.J., 2006, Kazaa goes the way of Grokster? Authorisation of copyright infringement via peer-to-peer networks in Australia, Australian Intellectual Property Journal, vol 17, issue 1, Lawbook Co., NSW Australia, pp. 53-76.

Giblin-Chen, R.K., 2005, Rewinding Sony: an inducement theory of secondary liability, European Intellectual Property Review, vol 27, issue 11, Sweet & Maxwell Limited, London UK, pp. 428-436.

Teaching Commitment

LAW 7429 Principles of contract B SUM/T1

LAW 2102 Contract B SEM2/T3

LAW 5146 Intellectual property I: copyright and designs 506 SEM2/T3

Postgraduate Research Supervisions

Current Supervision

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Redefining the 'person' - the challenges of cyber identities..

Supervisors:

Witzleb, N (Main), Giblin, R (Associate).