Rebecca Giblin

Chokepoint Capitalism
by Rebecca Giblin and Cory Doctorow
Published 26 Sep 2022

Richard Harrington, “MCA to Pay Royalties to RB Greats,” Washington Post, Dec. 7, 1989, https://www.washingtonpost.com/archive/lifestyle/1989/12/07/mca-to-pay-royalties-to-rb-greats/63714098-29be-481e-915f-cb43f6bdf07c. 3. Joshua Yuvaraj and Rebecca Giblin, “Are Contracts Enough? An Empirical Study of Author Rights in Australian Publishing Agreements,” Melbourne University Law Review 44, no. 1 (2020), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3541350. 4. See, for example, Jacob Flynn, Rebecca Giblin, and François Petitjean, “What Happens When Books Enter the Public Domain?” University of New South Wales Law Journal 42 (2019): 39. 5. For a detailed analysis of the Statute of Anne’s origins, how the reversion right evolved and the legal uncertainties that plagued it, see Lionel Bently and Jane C.

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Hall Jr., “Smells Like Slavery: Unconscionability in Recording Industry Contracts,” Hastings Communications and Entertainment Law Journal 25, no. 1 (2002): 215. 13. Joshua Yuvaraj, Rebecca Giblin, Daniel Russo-Batterham, and Genevieve Grant, “US Copyright Termination Notices 1977–2020: Introducing New Datasets.” 14. Yuvaraj, Giblin, Russo-Batterham, and Grant, “US Copyright Termination Notices 1977–2020.” 15. Jacob Flynn, Rebecca Giblin, and François Petitjean, “What Happens When Books Enter the Public Domain? Testing Copyright’s Underuse Hypothesis Across Australia, New Zealand, the United States and Canada,” University of New South Wales Law Journal 42, no. 4 (2019): 1218. 16.

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If you’re interested in digging into the detail of how this figure is calculated, see the discussion in Rebecca Giblin, “A New Copyright Bargain? Reclaiming Lost Culture and Getting Authors Paid,” Columbia Journal of Law & the Arts 41 (2018): 369. 22. Brief of George A. Akerlof et al. as Amici Curiae in Support of Petitioners, Eldred v. Ashcroft, 537 US 186, 01–618, 2003, at 7. 23. Paul J. Heald, “How Copyright Keeps Works Disappeared,” Journal of Empirical Legal Studies 11, no. 4 (2013): 829. 24. Jacob Flynn, Rebecca Giblin, and François Petitjean, “What Happens When Books Enter the Public Domain? Testing Copyright’s Underuse Hypothesis Across Australia, New Zealand, the United States and Canada,” University of New South Wales Law Journal 42, no. 4 (2019): 1215. 25.

Walled Culture: How Big Content Uses Technology and the Law to Lock Down Culture and Keep Creators Poor
by Glyn Moody
Published 26 Sep 2022

abstract_id=3639142 727 https://web.archive.org/web/20220519123413/http://ec.europa.eu/competition/publications/reports/kd0419345enn.pdf 728 https://web.archive.org/web/20220616103111/https://www.eff.org/deeplinks/2019/10/adversarial-interoperability 729 https://web.archive.org/web/20220616103132/https://knightcolumbia.org/content/protocols-not-platforms-a-technological-approach-to-free-speech 730 https://web.archive.org/web/20220329191619/https://tobin.yale.edu/sites/default/files/Digital%20Regulation%20Project%20Papers/Digital%20Regulation%20Project%20-%20Equitable%20Interoperability%20-%20Discussion%20Paper%20No%204.pdf 731 https://web.archive.org/web/20220616103205/https://walledculture.org/interview-cory-doctorow-part-2-new-publishing-models-for-creators-amazon-as-a-frenemy-and-the-internet-archive-court-case/ 732 https://web.archive.org/web/20220817084624/https:/scholarship.law.tamu.edu/facscholar/1393/ 733 https://web.archive.org/web/20220830085146/https://walledculture.org/interview-mike-masnick/ 734 https://web.archive.org/web/20220616103248/https://walledculture.org/interview-rebecca-giblin-reversion-rights-out-of-print-books-and-how-to-fix-copyright/ 735 https://web.archive.org/web/20220616103248/https://walledculture.org/interview-rebecca-giblin-reversion-rights-out-of-print-books-and-how-to-fix-copyright/ 736 https://web.archive.org/web/20220616110320/https://bandcamp.com/ 737 https://web.archive.org/web/20220616113457/https://en.wikipedia.org/wiki/Crowdfunding 738 https://web.archive.org/web/20220616110335/https://blog.bandcamp.com/2022/03/02/bandcamp-is-joining-epic/ 739 https://web.archive.org/web/20220616111850/https://get.bandcamp.help/hc/en-us/articles/360007802534-What-pricing-performs-best- 740 https://web.archive.org/web/20220616111909/https://walledculture.org/interview-evan-greer-lia-holland-rethinking-copyright-fighting-creative-monopolies-and-more/ 741 https://web.archive.org/web/20220616111928/https://kk.org/biography 742 https://web.archive.org/web/20220616111942/https://kk.org/thetechnium/1000-true-fans/ 743 https://web.archive.org/web/20220616111942/https://kk.org/thetechnium/1000-true-fans/ 744 https://web.archive.org/web/20220616111942/https://kk.org/thetechnium/1000-true-fans/ 745 https://web.archive.org/web/20220616111942/https://kk.org/thetechnium/1000-true-fans/ 746 https://web.archive.org/web/20220616113521/https://www.kickstarter.com/ 747 https://web.archive.org/web/20220616113541/https://locusmag.com/2021/03/cory-doctorow-free-markets/ 748 https://web.archive.org/web/20220616113541/https://locusmag.com/2021/03/cory-doctorow-free-markets/ 749 https://web.archive.org/web/20220701143901/https://www.atelierventures.co/team 750 https://web.archive.org/web/20220616114328/https://future.com/1000-true-fans-try-100/ 751 https://web.archive.org/web/20220616114347/https://walledculture.org/nfts-are-mostly-useless-or-worse-but-heres-one-important-way-they-could-help-creators/ 752 https://web.archive.org/web/20220830085146/https://walledculture.org/interview-mike-masnick/ 753 https://web.archive.org/web/20220616114406/https:/walledculture.org/interview-dr-andres-guadamuz-the-eu-copyright-directive-text-data-mining-web3-the-metaverse-nfts/ 754 https://web.archive.org/web/20220616114427/https://www.technollama.co.uk/can-copyright-teach-us-anything-about-nfts 755 https://web.archive.org/web/20220616114502/https://www.twitch.tv/ 756 https://web.archive.org/web/20220616114519/https://www.wired.com/story/twitch-turns-10-creator-economy/ 757 https://web.archive.org/web/20220713072402/https://www.businessofapps.com/data/twitch-statistics/ 758 https://web.archive.org/web/20220616114519/https://www.wired.com/story/twitch-turns-10-creator-economy 759 https://web.archive.org/web/20220713071951/https://www.vantagemarketresearch.com/industry-report/crowdfunding-market-1484 760 https://web.archive.org/web/20220616111909/https://walledculture.org/interview-evan-greer-lia-holland-rethinking-copyright-fighting-creative-monopolies-and-more/ 761 https://web.archive.org/web/20220616115428/https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ipr_ge_15/wipo_ipr_ge_15_t2.pdf 762 https://web.archive.org/web/20220616115440/https://en.wikipedia.org/wiki/Fashion_design_copyright_in_the_United_States 763 https://web.archive.org/web/20220616115454/https://fashionunited.com/global-fashion-industry-statistics/ Acknowledgments As the hundreds of endnotes attest, this book builds on the work and ideas of many people.

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Cory Doctorow recalls that at one point a considerable percentage of the federal civil docket was just the record labels suing children. ‘It was ugly and foul and stupid and counterproductive,’282 he says. Consequently the industries came up with a new approach to tackling the unauthorised sharing and downloading of copyright material, what came to be known as the ‘graduated response’. Rebecca Giblin,283 a professor at Melbourne Law School, has written a history of graduated response schemes that outlines their ‘three strikes’ approach.284 Under these measures, users would not be taken to court if they were suspected of downloading unauthorised copies of material. Instead, they would be given a series of warnings or ‘strikes’—typically three—before action was finally taken.

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Alleged infringers were warned twice; if another allegation was made within a year of the second warning, the subscriber’s Internet connection could be suspended. A fine of €1,500 could also be imposed. The first notices were sent out in September 2010; by December of that year, copyright companies were issuing between 25,000 and 50,000 infringement allegations per day, according to Rebecca Giblin.291 At the end of July 2013, Hadopi had issued 2 million first notices and 200,000 second notices. There were 710 investigations to ascertain whether those who had been accused three times should be referred to the prosecutors. In June 2013, the first and only disconnection order was issued, for fifteen days.292 But it seemed that the judgment was unenforceable, because the disconnection only applied to Web access—other services like email, private messaging, the telephone line or TV services had to be preserved somehow.

Enshittification: Why Everything Suddenly Got Worse and What to Do About It
by Cory Doctorow
Published 6 Oct 2025

Two readers, though, have made a gigantic difference to my daily writing: Loren Kohnfelder, who took pity on me and wrote the Python scripts I use to publish my blog; and Gregory Cherlin, who emails me twice per month with corrections for all my typos. Of course, I also collaborate with many other kinds of writers, thinkers, and doers. There are lawyers like Jamie Boyle and Jennifer Jenkins, Lawrence Lessig, and Rebecca Giblin. There are technologists like Ken Snider, who keeps my infra running, and bunnie Huang, who makes me smarter about technology every time we talk. There are media producers like Acey Rowe and Matt Meuse at the CBC. There are my audio production comrades, Gabrielle de Cuir and Stefan Rudnicki at Skyboat Media and John Taylor Williams at Wryneck Studio.

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English words mean whatever English speakers say they mean. Go nuts. You have my blessing. Part One: The Natural History 1 For more on this, see Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We’ll Win Them Back, a book from Beacon Press that I coauthored with Rebecca Giblin in 2022. 2 In the memorable phrasing of the New Zealand software developer Tom Eastman. Case Study: Facebook 1 True story. 2 Yes, really. For more, see Dina Srinivasan’s classic article “The Antitrust Case Against Facebook: A Monopolist’s Journey Towards Pervasive Surveillance in Spite of Consumers’ Preference for Privacy,” Berkeley Business Law Journal 16, no. 1 (2019). 3 Ibid., supra, re: This is a sarcastic paraphrase and not a direct quote. 4 Try to do this to Facebook today, and it’ll nuke you till you glow.

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Today, we rightly remember Turing as a hero—he even appears on a five-pound note—while the Polish code breakers his work was built on—Jerzy Różycki, Henryk Zygalski, and Marian Rejewski—are all but unknown (though they did get their own Polish postage stamps in 1983). 2 Well, maybe not Google’s. 3 Also, Scribner–Pantheon–Del Rey–Saga–Atria, and so many more. 4 Chokepoint Capitalism, the book about creative labor markets and monopolies that I co-wrote with the Australian legal scholar Rebecca Giblin, was published by the wonderful Beacon Press, owned by the Unitarian Universalist Association. (Albert Einstein once wrote, “If we succeed in renewing the spirit of the American Constitution after the confusions of our day, it will be in considerable measure to the credit of the courageous efforts of the Unitarians and their Beacon Press.”)

Growth: A Reckoning
by Daniel Susskind
Published 16 Apr 2024

Munzer (Cambridge: Cambridge University Press, 2001). 18 James Boyle, The Public Domain (London: Yale University Press, 2008) calls this ‘the second enclosure movement’. 19 Rebecca Giblin, ‘A Future of International Copyright? Berne and the Front Door Out’, in Across Intellectual Propertyed. Grame W. Austin, Andrew F. Christie, Andrew T. Kenyon and Mega Richardson (Cambridge: Cambridge University Press, 2020). 20 See, for instance: Rebecca Giblin, ‘Reclaiming Lost Culture and Getting Authors Paid’, Columbia Journal of Law & the Arts, 369 (2018); Ruth Okediji, ‘The Regulation of Creativity under the WIPO Internet Treaties’, Fordham Law Review, 77:2379 (2009); Brian Fitzgerald, Sampsung Xiaoxiang Shi, Cheryl Foong and Kylie Pappalardo, ‘Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age’, NIALS Journal of Intellectual Property, 1 (2011). 21 Paul Webster, ‘Medical Procedure Patents Worry Trade Agreement Critics’, CMAJ, 186:8, E224 (2014). 22 Adam Liptak, ‘Justices, 9–0, Bar Patenting Human Genes’, The New York Times, 13 June 2013. 23 trademarks.justia.com/788/33/orange-78833514.html; www.boisestate.edu/licensing/trademarks/blue-turf-blog/. 24 Tim Harford, ‘Intellectual Property: Murderous?

The Big Fix: How Companies Capture Markets and Harm Canadians
by Denise Hearn and Vass Bednar
Published 14 Oct 2024

The American people are ready for it.”97 This is one of the most popular antitrust cases of all time, and its effects may be felt worldwide, depending on how it plays out in court. In Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labour Markets and How We’ll Win Them Back, authors Rebecca Giblin and Cory Doctorow describe how culture has been captured by “exploitative businesses creating insurmountable barriers to competition that enable them to capture what should rightfully go to others.” While Ticketmaster is an obvious target for consumer ire, we have our own home-grown chokepoint and cultural gatekeeper in Canada that receives far less attention: the movie chain and distributor Cineplex