Rebecca Giblin

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.
External Links
Publications
A Bit Liable? A Guide to Navigating the U.S. Secondary Liability Patchwork | ||
AbstractIn terms of scholarly and media attention, copyright’s secondary liability doctrines long played a bit-part alongside direct liability’s leading lady. But since peer-to-peer (P2P) file sharing providers began facilitating billions of copyright infringements a decade ago, those unassuming doctrines have been forced into starring roles. This article shines a spotlight on U.S. secondary liability law ten years after it first took center stage, highlighting the myriad uncertainties and controversies that now plague its operation. These uncertainties are illustrated with detailed reference to the hypothetical secondary liability of BitTorrent Inc., the original and as-yet unlitigated provider of the world’s most dominant P2P file-sharing tool. This work argues that the rhetoric underpinning the existing secondary liability law is strongly protective of technology, but that the breadth and depth of the uncertainties surrounding its proper application effectively abrogates those protections by stealth. | bittorrent court defendant grokster infringement infringing liability search software technology Volume 25 Issue 1 Page 7 | |

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