ArticlesVolume 37, No. 2 (2014)

Evaluating Graduated Response

Rebecca Giblin

Associate Professor, Faculty of Law, Monash University. ARC Future Fellow, CREATe Fellow.

The war against online copyright infringement has been fought on a number of different fronts—via litigation against the peer-to-peer (“P2P”) software providers who enabled it, the end users who engaged in it and, most recently, against the ISPs who provide the infrastructure that permits the data to flow. This last strategy has seen powerful content interests forcefully lobbying governments and ISPs worldwide to adopt so-called “graduated responses.” The message has been that content owners shouldn’t be responsible for policing infringement.