Rebecca's research focuses primarily on copyright law and the regulation of the
internet and emerging technologies. Her book Code Wars (Edward Elgar, 2011) 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. In 2014, Rebecca published
a major research paper critically evaluating the extent to which the big claims that are
being made about the success and efficacy of global graduated responses are supported by
the available evidence (See ‘Evaluating Graduated Response’). She recently completed a
collaboration with Professor Jane C Ginsburg dealing with issues relating to the Aereo
controversy and the right of making available online. 

Current research interests include exploring the elusive notion of ‘the public interest’
in copyright, working towards a flexible exceptions framework in Australia, further
developing her work on anti-regulatory code and understanding the regulatory challenges
posed to libraries as they shift to elending. 

Rebecca’s work has been published widely in Australia and overseas, and she has addressed
a diverse range of audiences in jurisdictions such as the US, the UK, Europe, Israel,
South Africa and South Korea. 

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. During 2013 and 2014
her work was partly funded by the Monash University Research Accelerator Program. 


Code Wars: 10 years of P2P file sharing litigation (2011)


Code Wars recounts the legal and technological history of the first decade of...


Giblin & Ginsburg on Aereo: links to series


Asking the Right Questions in Copyright Cases: Lessons from Aereo and its International Brethren (with Jane C. Ginsburg), ATRIP 2014 edited collection (2015)

Aereo was a US-based service that made unique copies of broadcast programs from individual antennae...



We (Still) Need to Talk About Aereo: New Controversies and Unresolved Questions After the Supreme Court's Decision (with Jane C. Ginsburg) (2015)

Recent judicial interpretations of U.S. copyright law have prompted businesses to design technologies in ways...



On Aereo and 'Avoision' (2014)

Avoision describes conduct which seeks to exploit 'the differences between a law's goals and its...



We Need to Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage and a Principled Reading of the 'Transmit' Clause (2014)

Businesses are exploiting perceived gaps in the structure of copyright rights by ingeniously designing their...


Other Journal Articles


Evaluating Graduated Response, Columbia Journal of Law & the Arts (2014)

It has been more than three years since the first countries began implementing 'graduated responses',...



When ISPs Become Copyright Police, IEEE Internet Computing (2014)


Was the High Court in iiNet right to be chary of a common law graduated response?, Media and Arts Law Review (2013)

In 2008, a group of 34 television and movie companies instituted litigation seeking to prove...



Australia's High Court rules on ISP's liability for user infringements, Journal of Intellectual Property Law & Practice (2012)

This paper provides a brief summary of the Australian iiNet litigation, which sought to hold...



On the (new) New Zealand graduated response law (and why it’s unlikely to achieve its aims), Telecommunications Journal of Australia (2012)

In 2011 New Zealand controversially introduced a “three strikes” graduated response law. Under this law,...


Popular Press


Why copyright law needs fixing, Australian Financial Review (2012)


Kazaa Pays $151m, The Age & The Sydney Morning Herald (2006)

Public Submissions


Commissioned by the Australian Digital Alliance - 'Authorisation in Context' (2014)

In 2014, the Australian Government proposed amending the Copyright Act 1968 to broaden the circumstances...



Response to Online Copyright Infringement Discussion Paper (2014)

My personal submission in response to the Australian Government's Online Copyright Infringement Discussion Paper, September...



Submission to the ALRC's Review of Australian Copyright Exceptions (2012)

This submission addresses issues relating to time-shifting, cloud computing and flexible exceptions.