Rebecca Giblin is a Lecturer at Monash University in Melbourne, Australia. Her primary research focus is in the fields of copyright law and technology regulation. Her especial expertise is in the area of secondary liability for copyright infringement, particularly with regard to the Australian, US, UK and Canadian jurisdictions. As well as a first class honours degree in law, Rebecca holds a PhD in copyright law. Entitled "The Code/Law Collision", her doctoral thesis considered the secondary liability of P2P software providers for the infringements of their users. One of the main arguments raised by the work was that such providers exploit under-recognised differences between physical and virtual paradigms to effectively code their way out of liability under US law. The work went on to explore why this tactic is unlikely to succeed in the Australian copyright context. Having previously worked as an information technology consultant, Rebecca is also keenly interested in other legal fields which affect the regulation of computing, the internet and other emerging technologies.
Peer Reviewed Publications
A Bit Liable? A Guide to Navigating the US Secondary Liability Patchwork, Santa Clara Computer & High Technology Law Journal (2008)
In terms of scholarly and media attention, copyright’s secondary liability doctrines long played a bit-part...
On Sony, StreamCast and Smoking Guns, European Intellectual Property Review (2007)
In perhaps the final installment of the long-running Grokster litigation, the last remaining defendant to...
Australia to become “nerve centre” for P2P litigation?, Computer Review International (2006)
Discusses the terms and implications of the Sharman Networks (Kazaa) settlement.
Kazaa goes the way of Grokster? Authorisation of copyright infringement via peer-to-peer networks in Australia (with Mark Davison), Australian Intellectual Property Journal (2006)
In Universal Music Australia v Sharman License Holdings (2005) 65 IPR 289 an Australian Federal...
Rewinding Sony: An Inducement Theory of Secondary Liability, European Intellectual Property Review (2005)
Discusses the US Supreme Court ruling in Metro-Goldwyn-Mayer Studios Inc v Grokster Ltd, which preserved...