Informed by her early career as an information technology consultant, Rebecca's
research focuses on the regulation of computing industries, the internet and emerging
technologies, with an emphasis on copyright law. 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. The book
develops a compelling new theory to explain why a decade of ostensibly successful
litigation failed to reduce the number, variety or availability of P2P file sharing
applications – and highlights ways the law might need to change if it is to have any
meaningful effect in future. 

Rebecca is a member of Monash University's law faculty and sits on the Board of the
Australian Digital Alliance. She holds a first class honours degree in law, a PhD in
copyright law, and a Graduate Certificate in Higher Education. During 2011 Rebecca was
the Kernochan Center Visiting International Intellectual Property Scholar at Columbia Law
School in New York, and in 2013 a Senior Visiting Scholar at Berkeley Law School. She
remains one of the affiliated faculty of the Berkeley Center for Law & Technology.

Books

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

See www.codewarsbook.com

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

 

Giblin & Ginsburg on Aereo: links to series

Link

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...

 

Link

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...

 

Link

On Aereo and 'Avoision' (2014)

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

 

Link

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

Link

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',...

 

OpenURL

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

OpenURL

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...

 

OpenURL

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...

 

Link

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

Link

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

Link

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

Public Submissions

PDF

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...

 

PDF

Response to Online Copyright Infringement Discussion Paper (2014)

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

 

Link

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

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