Slashdot Mirror


Sci-Hub Ordered To Pay $15 Million In Piracy Damages (torrentfreak.com)

An anonymous reader quotes a report from TorrentFreak: Two years ago, academic publisher Elsevier filed a complaint (PDF) against Sci-Hub and several related "pirate" sites. It accused the websites of making academic papers widely available to the public, without permission. While Sci-Hub is nothing like the average pirate site, it is just as illegal according to Elsevier's legal team, who obtained a preliminary injunction from a New York District Court last fall. The injunction ordered Sci-Hub's founder Alexandra Elbakyan to quit offering access to any Elsevier content. However, this didn't happen. Instead of taking Sci-Hub down, the lawsuit achieved the opposite. Sci-Hub grew bigger and bigger up to a point where its users were downloading hundreds of thousands of papers per day. Although Elbakyan sent a letter to the court earlier, she opted not engage in the U.S. lawsuit any further. The same is true for her fellow defendants, associated with Libgen. As a result, Elsevier asked the court for a default judgment and a permanent injunction which were issued this week. Following a hearing on Wednesday, the Court awarded Elsevier $15,000,000 in damages, the maximum statutory amount for the 100 copyrighted works that were listed in the complaint. In addition, the injunction, through which Sci-Hub and LibGen lost several domain names, was made permanent.

167 comments

  1. http://thecostofknowledge.com by Anonymous Coward · · Score: 5, Informative

    Sign up today...

  2. Totally stupid win! by Anonymous Coward · · Score: 1

    I wonder if the "old dinosaurs" really know what is killing them?

    1. Re:Totally stupid win! by Rockoon · · Score: 4, Interesting

      You can't blame them for trying.

      The fact is that the journal model has gotten very bad. When reproducibility rates in some fields are below 50%, that whole secret-data-secret-programming-secret-fails peer review thing just doesnt work over the long run.

      Journals exist entirely because of the journal model. They must defend it. Its self defense.

      I predict that in the future that "publishing" will simply mean opening up your data and your scripts publicly, by adding them to a central repository. "Peer review" will be when someone else reproduces your work and also opens up their data and scripts publicly, and not at any other time. We will no longer trust a "peer reviewer" that doesnt reproduce. After all, the only reason right now to trust the peer review processes is the unfounded belief that people arent trying to fake it. The system was bound to fail.

      --
      "His name was James Damore."
    2. Re:Totally stupid win! by drinkypoo · · Score: 4, Insightful

      The system was bound to fail.

      The system evolved to retard progress. How much faster would scientific development progress if everyone made all their data available to everyone else all the time, and right away? But everyone is forced to be concerned with getting personal credit for everything they do if they want to be able to secure additional funding later, so they hide knowledge away — at least until a later date. And that's to say nothing of the pressure to come up with something worth publishing, whether you really have something or not.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Totally stupid win! by 0100010001010011 · · Score: 4, Insightful

      The future of science and data science needs to be as easy as:


      git clone http://whatsamata.edu/medical/... ./configure
      make

      Toss in the read me that you need to have this Siemens medical device attached to USB1 or some other such hardware setup.

    4. Re:Totally stupid win! by Anonymous+Brave+Guy · · Score: 4, Insightful

      I agree with what you're saying, but I think it's the "publish or die" culture that is pervasive in academia that is the root cause here. The journals are just a highly visible artifact of the underlying problem.

      It's not as if academics, including some very prominent ones, haven't been openly criticising the journal model and questioning its effectiveness for years. However, until the funding model catches up, many of those academics have their hands tied.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:Totally stupid win! by Actually,+I+do+RTFA · · Score: 1

      You're assuming that the experiments are trivial to run. A $1MM study should be reviewable on the merits of the study/data assuming that the author is honest. Because otherwise, it's too expensive to get new ideas out there.

      --
      Your ad here. Ask me how!
    6. Re:Totally stupid win! by mspohr · · Score: 2

      Access to data is crucial. It's difficult (or impossible) to get access to the data behind scientific papers.
      A publishing model where you published your paper, the data and your methods would really open up science and lead to real progress.
      Journals are really hindering access.

      --
      I don't read your sig. Why are you reading mine?
    7. Re:Totally stupid win! by Anonymous Coward · · Score: 0

      What can go wrong with that?

      README.md:

      You'll need a Siemens medical auto-injection system and 200 willing guinnea pig... patients.

      LICENSE.md:

      The software is provided as-is. Use of this software at your own risk.

    8. Re: Totally stupid win! by Anonymous Coward · · Score: 0

      open source science

    9. Re:Totally stupid win! by Anonymous Coward · · Score: 0

      How very linux. Can't just distribute documents in simple known format, heavens no. You need to run a script to configure a build utility to create those documents in some special snowflake form for your system or something. Christ.

    10. Re: Totally stupid win! by Anonymous+Brave+Guy · · Score: 1

      open source science

      ...may be the ultimate demonstration of how community-driven projects struggle to raise enough money to remain viable.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:Totally stupid win! by Rockoon · · Score: 1

      No I am not.

      I am simply stating facts about knowledge. Peer review just isnt a good measure of accuracy in practice.

      Science that isnt reproduced of course should be treated differently than science that has, right? Would you not agree that the reproduction is a significant factor in determining veracity?

      The peer review process is a facade that often presents theory as science. The review process is not science and is not a part of science. Its a part of the journal model. It is literally an invention by Journal for Journals.

      Does this mean that something that cant be reproduced because ___valid reasons___ is weighted less? Yes, because it should be weighted less. That stuff they are doing at CERN, some of it is the only record in existence of things and sure, its probably good science, but anything that isnt reproduced has a different fucking scientific status because see the definition of science.

      --
      "His name was James Damore."
    12. Re: Totally stupid win! by KGIII · · Score: 2

      I do have to wonder...

      I haven't published since the 90s. I wasn't very prolific, but I did publish with this company. I don't believe that the agreement granted them sole copyright.

      Anyone know if I can just give 'em my work? I don't have the originals, I don't think. (I may? I'm not sure where they would be.) I can get journal access through the university, 'snot a problem. So, I can recover the published versions without much difficulty.

      --
      "So long and thanks for all the fish."
    13. Re: Totally stupid win! by Anonymous Coward · · Score: 0

      Research facilities have replaced cult and ritual groups.
      Scientists have replaced wizards, seers and magus.
      Science is the new occult.

    14. Re:Totally stupid win! by Actually,+I+do+RTFA · · Score: 1

      My guess is our argument is over nomenclature. I never imagined peer review meant "accurate". I always see peer review as "accurately done". That is, the experiment was done in a competent way. Therefore, it was worthy of serious consideration. Mainly that's spreading the idea for someone else to produce either a reproduction study or a study based on the conclusions of the first study (which is more likely to get funded).

      But you're right, that a single study shouldn't be assumed to redefine knowledge. Maybe it should be acted upon pending verification (e.g. a study that shows mad cow is present in America might cause me to hold off eating beef until confirmed/refuted), but it shouldn't be assumed to be true, even if peer reviewed.

      --
      Your ad here. Ask me how!
    15. Re:Totally stupid win! by Anonymous Coward · · Score: 0

      Access to data is crucial. It's difficult (or impossible) to get access to the data behind scientific papers. A publishing model where you published your paper, the data and your methods would really open up science and lead to real progress. Journals are really hindering access.

      I've been in science for over two decades and we've always published (anonymous FTP) our data when we publish a paper. Even if the paper itself was paywalled, the data never was. I don't know what field you are thinking of, but now we are required to publish our data for free even if we don't ever write an article about it. We are also force to publish it on the funder's website, which sometimes make the data harder to get than anonymous FTP, since they bureaucrats love logs of who is using the data and require people to create accounts before downloading anything.

  3. Those stupid fucking voters. by Anonymous Coward · · Score: 0

    Why do they keep ignoring science!

  4. Typical by NettiWelho · · Score: 4, Insightful

    Only in the land of the free you get fined 15 million for spreading illegal scientific information.

    1. Re: Typical by Entrope · · Score: 2, Insightful

      Open access to scientific papers is important, as is providing monetary support to the poorest people, but vigilantes don't get to decide how that's done at the expense of other people's rights. You can't rob a bank to give the money to poor people, and you can't infringe copyright just because you think those copyrights are being abuse.

    2. Re:Typical by Anonymous Coward · · Score: 0

      Only in the land of the free you get fined 15 million for spreading illegal scientific information.

      It could be worse, she could have been "driven to suicide" like Aaron Swartz for sharing scientific articles... or was he outright murdered for defeating SOPA? See: The Internet's Own Boy: The Story of Aaron Swartz.

    3. Re: Typical by Anonymous Coward · · Score: 3, Insightful

      You can't rob a bank to give the money to poor people

      Yes, you can. It is forbidden, but you can do it, and sometimes that's exactly what's necessary.

    4. Re: Typical by NettiWelho · · Score: 5, Funny

      but vigilantes don't get to decide how that's done at the expense of other people's rights.

      Right, we have the government for that.

    5. Re: Typical by drinkypoo · · Score: 5, Insightful

      You can't rob a bank to give the money to poor people,

      Please tell us which law of physics prevents it.

      and you can't infringe copyright just because you think those copyrights are being abuse.

      Of course you can. It's called civil disobedience.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re: Typical by Anonymous Coward · · Score: 0

      but vigilantes

      No. This is not vigilantism. Don't try to kludge words where they don't belong for more emotional impact.

    7. Re:Typical by AmiMoJo · · Score: 4, Informative

      Fortunately Sci-Hub isn't based in the US, so can ignore this ruling. The court might attack its domain names, but can't do anything about Tor.

      I guess the court knows this and is just obliged to make a ruling on the case before it.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    8. Re: Typical by Antique+Geekmeister · · Score: 1, Informative

      I'm afraid that it's called "theft", and is treated as such by the courts and by most people who actually _write_ and publish such papers. For most standards of civil disobedience, accepting the legal consequences is part of what makes it "civil" disobedience.

      I'm also afraid there is an even more severe problem for scientific work. As best I can tell Sci-Hub makes _no_ effort to verify the content or authenticity of what they host. Such a loss of verification or of provenance of the data published endangers even the best of professional journals. and contributes to problems like this:

      https://www.nytimes.com/2017/0...

      The result is that via unchecked content at places like Sci-Hub, the fake journals rise in search engine ranking and reinforce fraudulent or actively dangerous dangerous scientific claims. Similar problems exist for trade websites, such as https://www.stackoverflow.com/. Good answers get copied from elsewhere, edited down for simplicity or shortness by the copier, and vital safety steps are left out of the most popular answers. The results can be very dangerous when the shortened answers get applied in the field.

    9. Re: Typical by drinkypoo · · Score: 4, Insightful

      For most standards of civil disobedience, accepting the legal consequences is part of what makes it "civil" disobedience.

      Wrong. It's accepting the risk of legal consequences. Time for you to go back and re-read the definition.

      I'm also afraid there is an even more severe problem for scientific work. As best I can tell Sci-Hub makes _no_ effort to verify the content or authenticity of what they host.

      So, just like Elsevier then?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Typical by Anonymous Coward · · Score: 1

      When it comes right down to it, this should arguably be considered illegal, at least by the United States government.

      Most academic journal articles are written by researchers working for public universities that are receiving funding from state and Federal government. In fact, contribution to academic journals is a typical requirement for tenure track positions at four-year and graduate universities. US governmental works are considered to be, in most cases, in the public domain.

      Furthermore, the authors hardly ever receive anything for these publications in most disciplines (even if they end up building an actual invention, the journal contribution itself is unpaid). Ultimately these are just large corporations attempting to crush any attempts at resisting their will while simultaneously attempting to force as many people as they can into paying an increasing amount, essentially increasing their profit margins for free. I expect, however, that time will catch up with them soon enough; their business model is out of date and at this point arguably no longer necessary, and increasing numbers of scholars are publishing through other venues while retaining peer review and other standards for reputability. It's a slow, but strengthening, movement, and I hope it bites these guys in the ass hard (the publishers, not SciHub).

    11. Re: Typical by BeauHD+(4450103) · · Score: 0

      Shut up.

      - Beau

    12. Re: Typical by Chris+Mattern · · Score: 1

      Saying "It's civil obedience, so it's not fair they're punishing me" doesn't sound much like "accepting the risk" to me.

    13. Re: Typical by Entrope · · Score: 4, Interesting

      If you think that's a joke, you have apparently misunderstood how government is supposed to work.

      If the defendants in this lawsuit wrote a letter to the court for any purpose other than explaining why the court lacked jurisdiction, they were dumb and basically invited the court to issue a default judgment. They shouldn't be surprised when that happened. They can try to have the judgment vacated for lack of jurisdiction now, but it will be harder than if they contested it at the right time.

    14. Re: Typical by Anonymous Coward · · Score: 1

      The act in question isn't codified as "Theft" in the law. Differing act. Not that I suspect you'd care- and you ARE part of the problem the moment you call it theft.

      Theft is where I deprive you of something. I take the computer you stupidly used to post that fucking moronic post with, for example.

      This is "infringement" which is a completely differing beast. The government grants an effective monopoly to publication and distribution of the written word for certain groupings of the same. This is called "Copyrignt". Before you moronically say I'm stealing money from the rights holder, there are no assurances with Copyright that you'll get a damned cent out of the deal. I know, I've done my fair share of written works, computer games, and the like. No assurances, once again. So, when one makes a copy without permission, you've infringed upon their monopoly. You deprived them the right to control your initial access to a given copy and to control how and how often you may make copies and who those copies might be given initial access to.

      You've not deprived them of the work.
      You've possibly deprived them of funds, but you didn't "steal" money from them- because it's flatly not a foregone they would've ever got it.

      So...QUIT FUCKING CALLING IT STEALING. It's something else.

    15. Re: Typical by drinkypoo · · Score: 3, Insightful

      Saying "It's civil obedience, so it's not fair they're punishing me" doesn't sound much like "accepting the risk" to me.

      That's because your reading comprehension skills are unskilled at best, and/or because you're being deliberately disingenuous. The whole point of civil disobedience is that you don't believe that a punishment is fair!

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re: Typical by Anonymous Coward · · Score: 0

      So, just like Elsevier then?

      Yep. And that one's too fucking stupid to get the distinction there. (Someone, however, should tell the Gp poster to put water on that burn... X-D)

    17. Re: Typical by Anonymous Coward · · Score: 1

      You can't rob a bank to give the money to poor people, and you can't infringe copyright just because you think those copyrights are being abuse.

      This is called "civil disobedience," and considering the absurd uses, abuses, and expansion of copyright law, it is justified and arguably necessary. Copyright law is being expanded to the point where the use of copyright is slowly creeping in to control your entire life, as farmers using John Deere tractors are finding out, and as many others are finding out when they're being strongarmed into accepting ridiculous EULAs to use the software they need to in order to be employed. And yes, it's strongarming, because just as you can in theory walk between LA and New York City, most people want to live at least a moderately modern life with modern technology, and these corporations are increasingly invasive and draconian with the contracts they try to force people with no time or money to fight back to submit to in order to be able to do just that. Soon enough you'll be accepting a EULA just to use a fridge, because it has software on board. The fact that the software may well be Windows 10 (literally) and spyware in and of itself is another disturbing story altogether.

      These corporations have bought off politicians and betrayed the people on their part of the deal, at least in the United States. They are taking the provision of a "limited monopoly" from the Constitution and defining "limit" as "one planck second before the heat death of the universe." The entire idea behind copyright was to benefit the public by letting authors have a limited time monopoly, and yet corporations refuse to let these works pass into the public domain. The time scales currently specified by law are in gross and utter violation of the intent of the Constitution and the benefit of the public at large. As-is, current copyrights will only expire long after there is nothing but bone dust remaining of anyone who cared about them, and the companies are going to just keep on pushing out the time to copyright expiration out more, and more, and more, as long as they can get away with it. Never mind any of this actually happening in the lifetime of the people it should benefit, nor the fact that it's a violation of natural rights that was considered acceptable only in a limited fashion, with "limited" not having a nudge-nudge-wink-wink provision to screw everyone over. These companies are robbing the public domain en masse, and abusing the court system to try to force control over as much as they can.

      Kicker is? Academic articles, all by themselves, shouldn't even be resold like they are in the first place. These are the last vestiges of an academic system hundreds of years old, before the Internet, where journals had to be published and sent vast distances between universities, taking weeks or months to arrive. The papers themselves are, at least in the case of the US, usually written by faculty members at universities backed with public money, and arguably should be public domain from the very beginning. And the authors are NOT the ones making money here, even though each of these papers typically involves hundreds of hours of work.

      At this point, copyright overall has grown out of control to the point where it does far more net harm than good, and only promises to do even more until serious reform - in favor of the consumers, not the businesses - is firmly established. Unfortunately I fear that will be a very long time coming, and by the time it happens it might be too late to undo the damage to knowledge, culture and innovation. These ridiculous cases involving academic journals are just one of the more egregious and absurd instances of this abuse, since they're essentially trying to ransom the basis of science and knowledge using documents that were in probably the vast majority of cases never theirs to ransom in the first place. In fact, I personally know academics who had to pirate their own paper just to get a

    18. Re: Typical by Anonymous Coward · · Score: 0

      Seriously? the robing a bank thing is getting really fucking old. Are you seriously suggesting reading a scientific paper is akin to robbing a bank. Next up: reading science funded with your taxes without paying middleman corporation X excessive amounts of money is MURDER.

    19. Re: Typical by Anonymous Coward · · Score: 1

      It's not called "theft". Calling copyright infringement theft is actually punishable in court and against the law, as the Supreme Court already proclaimed:
      https://en.wikipedia.org/wiki/Dowling_v._United_States

      Get educated before you spout stupid wordage you don't understand.

    20. Re: Typical by Anonymous Coward · · Score: 4, Insightful

      Murder is not tax evasion. Loitering is not larceny. Sexual violence is not vandalism. Copyright infringement is not theft. Your non-specific blurring of crimes is not helpful.

      The sharing of information is not a problem for scientific work. That's what the work of science is. Establishing proper trails of credibility is best done with more information, not by limiting it.

      Your repeated use of the word "fake", "fraudulent", and "dangerous" are FUD. Who do you work for? Time to fess up. (I am an assistant professor at a flagship research university.)

    21. Re: Typical by letthelightin · · Score: 1

      Better yet, they should have written a letter demanding the court prove their jurisdiction, as the onus is on them.

    22. Re: Typical by Anonymous Coward · · Score: 3, Insightful

      I'm afraid that it's called "theft", and is treated as such by the courts and by most people who actually _write_ and publish such papers.

      Not in my experience, 100% of scientists I know and work with (and publish with) think all papers should be freely available and that charging subscriptions leads to an overall reduction is knowledge. In the UK most Scientists struggle to get various publications their institution does not subscribe to (and its impossible financially to subscribe to all areas of science, or even most of the main ones) so they either go to Sci-Hub or a friend an another institution for the pdf. No difference really, both technically copyright infringement, one take 10 seconds, one takes an email or five to find. Inter-library loans take far too long and often can't be printed!

    23. Re: Typical by ATMAvatar · · Score: 1

      you can't infringe copyright just because you think those copyrights are being abuse.

      You may want to read about civil disobedience.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    24. Re:Typical by Anonymous Coward · · Score: 0

      This was a copyright infringement case. The subject matter had no bearing.

    25. Re: Typical by Anonymous Coward · · Score: 0

      Speaking or reading comprehension, isn't civil disobedience supposed to be directed at the government?

      It seems quite dishonest to paint infringing another entity's rights as as such: even if everyone around thinks it's a good idea and would support it, me planting my fist in your fugly face is not an act of civil disobedience now, is it?

    26. Re: Typical by Anonymous Coward · · Score: 0

      He attempted to change a system that many people believe needs fixing. What have you done to try to make the world a better place?

    27. Re: Typical by jaa101 · · Score: 1

      you can't infringe copyright just because you think those copyrights are being abuse.

      The court seems to have ruled that not only can it be done, but it has been done; otherwise they wouldn't have imposed a penalty for doing it.

    28. Re: Typical by Anonymous Coward · · Score: 0

      They can try to have the judgment vacated for lack of jurisdiction now, but it will be harder than if they contested it at the right time.

      Not sure I follow. If there is a lack of jurisdiction, then when the defendent contested it is irrelevant, isn't it? Just ignore the order.

    29. Re: Typical by Anonymous+Brave+Guy · · Score: 1

      Surely the point of civil disobedience is that if a law is unreasonable or the punishment excessive, a lot of people breaking the law and accepting the punishment anyway will overwhelm the system, thus making it impractical to fully enforce the law and demonstrating whatever fundamental injustice is present.

      Breaking a law because you don't like that law but think you'll get away with it has very little to do with principled civil disobedience.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    30. Re: Typical by Anonymous Coward · · Score: 0

      What system needs "fixing"? It works very well for me, thank you very much. If there are "so many" wanting to change things you would have done it by now, wouldn't you? Has it ever occurred to you that maybe - just maybe - nobody cares about nerd shit and you're fighting (or rather "not-fighting") a long-lost battle?

    31. Re: Typical by Applehu+Akbar · · Score: 1

      vigilantes don't get to decide how that's done at the expense of other people's rights

      The IP in this case should properly belong to the author of each paper. It is they who should not be forced to air their research through a gouging monopolist "because it's traditional."

    32. Re: Typical by Entrope · · Score: 1

      That's not how default judgments work.

    33. Re:Typical by mspohr · · Score: 2

      The scientific information is definitely legal. The problem is that the publishers have it locked up and have made it illegal to distribute.
      The US is not really the land of the free. It's an extreme corporate kleptocracy where people have no rights. The corporations have the rights and the power. The people exist to serve the corporations. Government works for the corporations, not for the people. They have made it illegal to spread scientific information.

      --
      I don't read your sig. Why are you reading mine?
    34. Re: Typical by Applehu+Akbar · · Score: 1, Insightful

      However, the key element of civil disobedience is accepting the designated punishment, as when Martin Luther King went to jail in the South for eating at whites-only lunch counters, thus focusing moral dudgeon on discriminatory laws.

    35. Re: Typical by Entrope · · Score: 1, Insightful

      The authors had the choice of publishing through these journals or not. They made their choice; they assigned their copyrights to the journals. Nobody held a gun to their heads and told them that either their signature or their brains would appear on the copyright assignment papers.

    36. Re:Typical by Applehu+Akbar · · Score: 1

      Swartz could have made a major civil disobedience point by going to prison. As it was, he killed himself before even going to trial.

    37. Re: Typical by Entrope · · Score: 1

      Sure, but unless Elsevier (or their counsel) was incompetent, they alleged sufficient facts to establish this court's jurisdiction over the case and the defendant. If there is nothing obviously wrong with those claims, then unless the defendant challenges the court's jurisdiction in a timely fashion, the court will take those claims as true.

      Enforcing the judgment is another question, of course, and I hope that Elsevier fails to collect the monetary damages.

    38. Re:Typical by Anonymous Coward · · Score: 0

      You are right of course... but I think it's interesting and illuminating to consider the fact that by legally restricting access they have made it illegal to read publicly funded science research, which for the vast majority of people makes it illegal scientific information, because it's not freely available in any other form.

    39. Re: Typical by catchblue22 · · Score: 1

      A-effing-men.

      The free, unhampered exchange of ideas and scientific conclusions is necessary for the sound development of science, as it is in all spheres of cultural life. (Albert Einstein, 1952)

      --
      This and no other is the root from which a tyrant springs; when first he appears as a protector - Plato (423 to 327 BC)
    40. Re: Typical by Entrope · · Score: 2

      Lack of jurisdiction is a defense that is incredibly easy to waive under the US legal system. Courts tend not to go along with it if a defendant goes through discovery and a lot of motions, and only then decide to argue a lack of jurisdiction. Allowing that would make it easier for the defendant to game the court system. As a result, it is easier to have a default judgment vacated for lack of jurisdiction if you never communicate with the court than if you communicate for some purposes (that do not include challenging jurisdiction) and then stop communicating with it.

    41. Re: Typical by Entrope · · Score: 1

      The whole point of civil disobedience is actually that it is unjust for the law to prohibit a thing, not that the punishment is unfair, and a key part is that you are willing to face the penalties for breaking the law in order to demonstrate how unjust it is.

      In this case, there is no punishment, because it was not a criminal case. There are damages and injunctions, and so far the defendant has avoided almost all of those. That unwillingness to face the consequences makes it hard to call it civil disobedience, much less to argue that it was morally justified civil disobedience.

      There are an increasing number of open-access journals and other repositories, and that is a good thing, but nobody has yet solved the problem of figuring out which contributions are well-done and/or significant to others in the field. Traditional (subscriber-paid) journals do an imperfect job at that, but at least they have reasonably clear and strong incentives to make that a priority, and were not so obviously susceptible to influence from narrow social networks.

    42. Re: Typical by Anonymous Coward · · Score: 0

      Copyright infringement is not theft.

      It can be. If you redistribute the copyrighted works (for profit or not), it's worse than theft, it's grand theft (meta theft etc.)

    43. Re: Typical by Anonymous Coward · · Score: 0

      People know what theft is. Virtually every adult anywhere. Yes, copyright infringement is NOT theft. However, this is usually something a pirate says to justify their actions to themselves.

      Infringement is still a violation of property interests, which was said by same Supreme Court ruling that said it's not theft. It's a subtle legal distinction that luckily avoids many standard criminal charges for theft, but it doesn't mean real and tangible harm was not done.

      So, a violation of property interests that does real and tangible harm to the owner. Hmm. Sorry, when I'm talking to people who aren't going to get subtle differences like that, I'm going to call it theft.

      Why? Because to do otherwise is to perpetuate the fantasy that harm is not being done. That it's OK to not pay a copyright owner their due to consume the product of his labor.... because "It's not theft". Like, that's the end of the discussion. It must be fine. Well, no, it's not.

      It'd be nice to be able to call it "infringement", and for the other person you're talking to to understand that's actually a crime too. But, because it's so hard to CATCH people doing it, there's hardly ever any prosecutions in the normal everyday person's immediate social vicinity. People are kind of stupid, really... generally if they don't see people they know affected by something they don't get that tangible feeling that it's a real thing. Even further, all they see are friends benefiting from taking copies of stuff for free, so it looks for all the world like a good thing.

      That's fundamentally why so many people can think "God will protect me" when it's readily apparent many other people are NOT being protected, or how they can freak out over internet pictures of cat being hurt on the other side of the planet when they walk right past human suffering on almost a daily basis. What you see and accept as part of your little world is a result of a very small social slice of what's really going on. Us, as compared to Them.

      Seriously, what's the difference? Theft or not, a real and tangible harm is done.

      Say there's a company that sold some amazing software everyone wanted, selling a license for $100. Say 1 million people were users of the software. 50% of all users had illegal copies. Say that company had made 250,000 DVDs to sell, at 10 cents each to produce. Some guy knows when the DVDs arrive at the warehouse, steals the shipment, and sells them all online. Are you really going to tell me that of the 500,000 illegal copies, half of them have actually stolen $25,000,000 worth of software, and the other half "just made a copy", based on the difference of a $25,000 investment by the company? That each one of those stolen DVD purchasers has $100 in stolen property, over the difference of receiving 10 cents of plastic vs. a zero cost download?

      If someone steals a car that sells for $30,000, you say they stole a $30,000 car. You don't say they stole the $15,000 it cost to manufacture it. Sale price is the value of the theft, not cost to the seller. It'd be a $30,000 car theft even if it only cost $5,000 to produce. Even if it was $1. Even if it was produced at ZERO cost. The thief would have had to pay $30,000 to legally obtain it, so that's the value he's stolen.

      Infringement is the same. It's the cost you would have paid, not the cost the manufacturer actually lost. It is very much ALMOST THE SAME as theft, you just can't be convicted of actual theft. A civil court case could, however, result in exactly the same amount of damages to the owner.

      People like to think they're doing some kind of civil disobedience act when they take copies of media or whatever that they never paid for. That they're themselves unfairly deprived of a bunch of good movies or software simply because they're too poor to properly afford to pay for them. Well, that's entitled little snowflake bullshit, full stop. I hate generally how "entitled" and "snowflake" are tossed around these days, but in this case they're

    44. Re: Typical by ScentCone · · Score: 1, Interesting

      Right. That's why jerks who resort to violence and destruction to show how much better the liberal/progressive world view is ... tend to alienate ever more voters every time they have another violent tantrum. Every time progressive protesters block an ambulance from getting to a dying person, or burn a small business owner's only way of making a living, or decide to assassinate a bunch of legislators they wish hadn't won elections all across the country, they just set their own movement back even farther.

      --
      Don't disappoint your bird dog. Go to the range.
    45. Re: Typical by Anonymous Coward · · Score: 1

      What about my right as an author not to have my work only viewed if someone pays a bribe to a company I have no direct relationship with? What about my right to not have my scientific career depend on how many products I freely provide for these companies to sell and profit from?

      Bs

      All power to Sci-Hub! If they take you down 1000 scihubs will rise in it's place!

    46. Re:Typical by LeftCoastThinker · · Score: 1

      The right way to do this is to get all the students and faculty behind a FOSS database in the Library of Congress online where all papers are concurrently published and free to access. Get the government grants in on it too. If the public pays for the research, the public gets access to the papers/derivative works for free. Much like the RIAA mafia, the usefulness of the scientific journals has ended, but we must eliminate them in a legal manner, and we should expect them to be a pain in the ass during their demise.

      --
      If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
    47. Re: Typical by Anonymous Coward · · Score: 0

      Very interesting. Thank you!

    48. Re: Typical by LeftCoastThinker · · Score: 3

      This is exactly what observed when I was a professor. Why universities haven't united against the onerous subscription fees I can't fathom, since 99% of the content comes from their employees anyway, it seems like it would be trivial to destroy the publishers, or at least bring their fees down to the reality of the service they provide...

      --
      If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
    49. Re: Typical by Applehu+Akbar · · Score: 1

      That's being very theoretical. Universities pressure researchers into publishing in journals they considered prestigious.

      It's not just publish or perish, it's publish in the right places or perish.

    50. Re: Typical by Anonymous Coward · · Score: 1

      I'm afraid that it's called "theft", and is treated as such by the courts and by most people who actually _write_ and publish such papers.

      I actually write and publish such papers. Having anyone go out of their way to read my work makes me ecstatic!

      As an academic writer, more often than not you have to pressure people into reading your work.

      Having people seek out, copy, and spread work I functionally paid to produce just for the advancement of human kind is the best outcome I could possibly hope for.

      Steal my work! Spread it around! Watch it grow! This is the norm for people that actually write and contribute to the pantheon of human understanding.

    51. Re: Typical by Entrope · · Score: 0

      Cry me a river for the academics who have to choose between publishing in the right existing places, creating their own right places, or getting jobs in the real world.

    52. Re: Typical by HornWumpus · · Score: 1

      If you give them all the money from the bank they cease to be poors. See Monty Python: Dennis Moore...

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    53. Re: Typical by BlueStrat · · Score: 2

      ...and a key part is that you are willing to face the penalties...

      No.

      No, it is not any part of civil disobedience whatsoever to needlessly suffer unjust punishment for an unjust/unconstitutional law that you are breaking because it is unjust.

      This false trope that "you must *suffer* or it's not "True(TM)" civil disobedience" is pushed by authoritarians who wish to discourage possible acts of civil disobedience among the populace against unjust/unconstitutional laws, Acts, and executive orders.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    54. Re: Typical by Entrope · · Score: 1

      [citation needed]

      Civil disobedience doesn't mean much if you can't distinguish it from whining about the man keeping you down while you are breaking the law and fleeing justice.

    55. Re: Typical by BlueStrat · · Score: 1

      Civil disobedience doesn't mean much if you can't distinguish it from whining about the man keeping you down while you are breaking the law and fleeing justice.

      It also doesn't mean much if can't be distinguished from all the other protests about injustice from the masses of incarcerated.

      It's rather hard to hold news conferences/interviews, make internet videos, etc explaining and defending your decisions and actions along with why this law/act/regulation/etc is unjust/unconstitutional and possible remedies, from a super-max security prison cell.

      How is one to commit multiple acts of civil disobedience if one must turn themselves over to authority after the first act? Why would you hog-tie your own ability to combat injustice? How does martyring oneself advance justice?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    56. Re:Typical by Anonymous Coward · · Score: 0

      They were clearly aware of what they were publishing. They've already granted implicit permissions, and claiming it's not a scientific publication after the fact is simply fraud.

    57. Re: Typical by Anonymous Coward · · Score: 0

      Filthy disgusting repugnant running dog shill.

    58. Re: Typical by Anonymous Coward · · Score: 0

      Still raping goats? Such a shame. Does your granny know?

    59. Re: Typical by drinkypoo · · Score: 2

      That's why jerks who resort to violence and destruction to show how much better the liberal/progressive world view is ... tend to alienate ever more voters every time they have another violent tantrum.

      Sure, I agree with all of that completely. But those people are a) in the minority and b) being pushed beyond any reasonable limit, whether it's because they're literally being assaulted by the employees of the system, or simply being deliberately deprived of their needs because someone has found a way to make that profitable. There are going to be consequences. That doesn't excuse what they're doing, but pretending it's happening because people are born assholes is ignorant.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    60. Re: Typical by drinkypoo · · Score: 1

      Surely the point of civil disobedience is that if a law is unreasonable or the punishment excessive, a lot of people breaking the law and accepting the punishment anyway will overwhelm the system,

      In this case, a lot of people breaking the law and not accepting the punishment will overwhelm the system. If you accept the punishment, you fund the system, and help sustain it. You're literally advocating for the opposite of what makes sense.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    61. Re: Typical by Anonymous+Brave+Guy · · Score: 1

      The point is to force the system to give you due process, so you clog up the courts or tribunals involved with whichever law is objectionable to the extent that they can no longer function effectively. It makes perfect sense. But of course it only works if the law actually is bad enough that many people are willing to openly defy it and risk the consequences in order to bring the system down.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    62. Re: Typical by Anonymous Coward · · Score: 0

      you don't believe that a punishment is fair!

      Tell it to the executioner on your way to the block. Life is not fair and pressing the point against those more powerful than you can only result in your imprisonment or death.

    63. Re: Typical by Antique+Geekmeister · · Score: 1

      > In this case, there is no punishment, because it was not a criminal case.

      That seems very confusing, or perhaps confused. How is a successful conviction against a defendant, with fines and property seized, not a punishment of a defendant?

    64. Re: Typical by Entrope · · Score: 1

      It's not a conviction. This was a civil case, not a criminal one.

    65. Re: Typical by Antique+Geekmeister · · Score: 1

      That is a good point, thank you. It is still "punishment".

    66. Re: Typical by Anonymous Coward · · Score: 0

      No, the point is to make the law unenforceable, unworkable, and impractical to enforce.

      There is no need to "accept the punishment" if that goal can be achieved without it.

      Civil disobedience is breaking an unjust law without violence in such a way that it's obvious to the "authorities" that it's being broken and there is no way that they can stop it from being broken, no matter what they do.

      The "accepting the punishment" bit is irrelevant to the equation.

    67. Re: Typical by Vadim+Makarov · · Score: 1

      it's called "theft", and is treated as such by the courts and by most people who actually _write_ and publish such papers

      Lots of my papers published in subscription-model journals are in sci-hub. I'm glad they are. It's time to dismantle the closed publishing model. As a scientist, I lend my moral support to the team behind sci-hub. I will also not publish with Elsevier, even though I already made that decision years ago for other reasons.

      --
      17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
    68. Re: Typical by Vadim+Makarov · · Score: 1

      The authors had the choice of publishing through these journals or not. They made their choice; they assigned their copyrights to the journals. Nobody held a gun to their heads

      A gun no, just an incentive to continue in academic jobs. You have to play with the system even if you don't like it.

      --
      17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
    69. Re: Typical by Anonymous Coward · · Score: 0

      You are not "fleeing justice" by refusing to be punished for breaking an unjust law.

      Civil disobedience is breaking an unjust law without violence as an attempt to make that law unworkable, unenforceable, and ultimately gone. There is no need or imperative to subject yourself to whatever punishment the perpetrators of that unjust law want to inflict upon you.

    70. Re: Typical by Entrope · · Score: 1

      Legally, no, there was no punishment here.

      The monetary damages are an amount (although generally ridiculous) provided by law that had the purpose of compensating a copyright holder for the infringement. Such "ordinary" or "compensatory" damages are intended to put the plaintiff in the same position they would be in if their rights had been respected from the start.

      Injunctions are intended to prevent, or at least deter, further infringement by the defendant. In this case, turning over the domains used for infringement stops them from being used to infringe those copyrights, and allows the copyright holder to direct readers to authorized ways to read the papers.

      Default judgments like this one will never include special or exemplary damages, sometimes called punitive damages, which are awarded beyond ordinary damages specifically to reduce the chance of further infringement. Special damages are only awarded after a trial on the merits.

      Injunctions and special damages are different in large part because injunctions directly prevent or impair further tortious actions, where special damages have only indirect effects, and are meant as a disincentive to offend further.

    71. Re: Typical by Antique+Geekmeister · · Score: 1

      > Injunctions and special damages are different in large part because injunctions directly prevent or impair further tortious actions, where special damages have only indirect effects, and are meant as a disincentive to offend further.

      That is a fascinating point. Thank you for raising it. I'm unconvinced that I completely agree with it. Even pure "damages" awards can be, and sometimes are, pressed that are beyond a direct measurable amount, and _granted_ under legal pretexts to provide punishment. The definition of "punishment" you're raising may have a real legal meaning, and is worth some review. But I suggest it's not the common English one, and seizure of assets or court ordered payment would seem to be "punishment" of a civil defendant in common language.

      I'm forced to refer back to your earlier note:

      > In this case, there is no punishment, because it was not a criminal case. There are damages and injunctions, and so far the defendant has avoided almost all of those. That unwillingness to face the consequences makes it hard to call it civil disobedience, much less to argue that it was morally justified civil disobedience.

      This makes better sense with your clarification of what you meant by "punishment". Thank you for that clarification.

    72. Re: Typical by Antique+Geekmeister · · Score: 1

      Do you actually submit them to Sci-Hub? Then in such a case, I'd completely agree that they are not engaging in theft. Do you transfer copyright ownership or full publication rights to subscription venues when you published there, if you ever did so? In which case, Sci-Hub would still be acting illegally, but without your personal objection. That's a position I'd quite understand.

      If you're willing to discuss it, I'd quite welcome an explanation of why you elect not publish with Elsevier.

      I'm also afraid that the more I think about Sci-Hub, the more I'm concerned about scientific fraud published there. Sci-hub has no reliable editing or review process that I can see. This lack of quality control is a real risk to scientific research. Exciting, but mistaken or even fraudulent research can displace less exciting that shows that magnetic monopoles were _not_ discovered, or that transplanting animal kidneys into humans does not end well, or that new herbal preparatons do not actually help with obesity, can be overwhelmed by poorly researched work with no editing or peer review. A critical part of the work of scientific journals is to review the work for authenticity before it's published. That would seem to be lost at Sci-Hub.

    73. Re: Typical by Entrope · · Score: 1

      And thank you for asking questions that helped me better explain what I meant. This case shows a number of the ways that, as Dickens wrote, the law is an ass.

      Unfortunately, I have not seen any coverage of what the defendant's letter to the court was about. That should have been a good opportunity to help deter some of the worse problems, and if the letter did point out the jurisdictional problems, more blame shifts to the court. While the court was just following rules, those rules have built-in flexibility meant to help avoid unjust outcomes. For example, I don't think the court was compelled to award monetary damages in a default judgment. (However, I'm not a lawyer, so I can't say that with much confidence.)

    74. Re: Typical by Anonymous Coward · · Score: 0

      Copyright is a right granted by society, not a fundamental right. You can't physically possess an idea, not the expression of that idea. It's not yours, and you don't think that you borrow from a shared cultural context when creating your work, try writing an opera in Entish and see what your ticket sales are like. Allowing you an exclusive right to profit from an idea is what you get; don't push your luck. Don't nobody *need* a copyright system.

    75. Re: Typical by Vadim+Makarov · · Score: 1

      Sci-hub provides a service that is needed to improve the advancement of knowledge and development of our civilisation. Enter DOI, hit Enter, here is the PDF of the article. Any article. No geographic restrictions, no walled gardens, no logins, no fees, no delays. In the 20 years of internet, the legacy publishing model has been unable to provide this service to everyone on the planet. So the legacy model is now being forced to change. That is good.

      It took the book industry 10 years of underground text exchanges and free e-libraries to even start offering ebooks of most titles (including older titles). It used to be impossible to read an electronic version legally, or pay for the book without forcibly getting the dead tree in one's possession; now it is, for most books (Amazon / Kindle). It took 5 years of Napster and the like for the music industry to start offering kind of usable electronic service (iTunes). For the movies, we are not even there; the customer choices and delivery format are substantially selectively restricted. So keep pirating the movies.

      My older reason not to publish with Elsevier: the copyright transfer agreement does not grant a license to publish the journal version on a personal or employer's website. Most other subscription model journals in my field allow that, so I have a collection of my journal articles online -- all legal. Can't do that with Nature articles though (which I reluctantly accept because of the journals' high reputation), and can't do that with Elsevier (shitty impact factor, but the same rules as Nature).

      The newer reason is that academic publishing societies (such as AIP, IOP) accept that they are in the quest for the advancement of knowledge rather than making money, and don't actually consider suing the founders of sci-hub (and similar cases) to be an ethical option. Elsevier does, no qualms about that. So don't publish with Elsevier.

      All the above has NOTHING to do with the journal quality. Publishing research with little or no quality checks is quite possible in lots of subscription-based journals.

      --
      17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
    76. Re: Typical by Anonymous Coward · · Score: 0

      I'm afraid that it's called "theft", and is treated as such by the courts and by most people who actually _write_ and publish such papers.

      I have written several papers that have been published in well known conferences/journals, and I think sci-hub is great!
      There was no option to have my papers publicly available and still be recognised and available to the scientific community.

      Actually now that I have left academia and work for a commercial company, I can't even access the published version of my papers.
      When I needed to supply my publications to apply for a certain grant, I had to download my own papers from sci-hub or pay ~$20 per paper!

      The closed journal companies really add no value, reviews are done for free by other academics anyway.

  5. mynutswon; sharing is caring? by Anonymous Coward · · Score: 0

    what if it's only gotten right once & almost no one ever gets to sing along..? https://www.youtube.com/watch?v=odM5S3BZS-g

  6. Typical lazy pirate. by Anonymous Coward · · Score: 0

    Well some take the easy solution. Being a pirate is easier than trying to change the system. You'll NEVER find a pirate changing the system the proper way. Just download, and if there's any change, it's by pure happenstance, and it may not even be the desired change.

    1. Re:Typical lazy pirate. by nukenerd · · Score: 1

      People are best sticking to what they are best at. Personally I would be no good at trying to "change the system the proper way", it requires too much speech-making on your feet and political networking. I am much better at firing barbs at the existing system.

    2. Re:Typical lazy pirate. by Anonymous Coward · · Score: 0

      Even Hitler eventually figured out that he had to get elected.

    3. Re:Typical lazy pirate. by Major+Blud · · Score: 1

      Damnit why do people keep saying this.....Hitler never won a government election. He was appointed to Chancellor by Hindenburg, the guy who beat him in the presidential election.

      Godwin would be proud.

      --
      If you post as Anonymous Coward, don't expect a reply.
    4. Re: Typical lazy pirate. by Entrope · · Score: 2

      You might fire barbs at the existing system, but the existing system has howitzers, and isn't afraid to use them to return fire.

    5. Re:Typical lazy pirate. by Chris+Mattern · · Score: 5, Informative

      Not exactly true. Hitler never won an absolute majority in the Reichstag, true. But Weimer Germany elected its parliament by proportional representation: nobody ever won an absolute majority. Governements were coalitions of parties, generally led by the largest party in parliament. And in 1933, that party was the Nazi party. Actually, the first go-round, nobody would form a coalition with them, and they had to go back for new elections, but the Nazis were the largest party again. This time the mainstream parties gave in, and formed a coalition government. As leader of the largest party in the governing coalition, Hitler had a right to be named Chancellor (prime minister, basically). There was some behind-the-scenes maneuvering to diddle him out of that (some people could see how dangerous he was), but it didn't work. Hindenburg named him chancellor because that was his ceremonial duty, but it really wasn't his choice. In summation, the Nazis did come to power because they were democratically elected to it. Didn't stay that way, of course.

    6. Re: Typical lazy pirate. by Anonymous Coward · · Score: 0

      And that's why democracy is dangerous and should be abolished. Like in Europe.

    7. Re:Typical lazy pirate. by Major+Blud · · Score: 0

      Yeah but Hitler himself was never elected as a member of the Reichstag, right?

      --
      If you post as Anonymous Coward, don't expect a reply.
    8. Re: Typical lazy pirate. by Anonymous Coward · · Score: 0

      I believe the only winning move is not to play.

      An interacademic FREE "journal", an online-only publication site that counts as a journal, funded by academics, and accepting peer-reviewed papers for free, publishing for free, accessible for free.

      When nobody submits to these commercial scums, they will die out all by themselves.

    9. Re:Typical lazy pirate. by Max+Sinister · · Score: 1

      Obviously this didn't matter. Some countries like the UK have different laws.

  7. And for my next act, by weedjams · · Score: 1

    I will squeeze blood out of these turnips.

  8. Information wants to be free!!! by Anonymous Coward · · Score: 0

    Now do they get to play the "Aaron Schwartz" card, and hang themselves because they're afraid of being a skinny white boy in a federal penitentiary? Poor basement dweller can't deal with a real-world DA, poor me, boo-hoo-hoo, let's get a bunch of my fellow basement dwellers in Guy Fawkes masks to validate my pretension of social justice!

    1. Re: Information wants to be free!!! by Anonymous Coward · · Score: 1

      Alexandra Elbakyan is a she, so not a 'skinny white boy'. And unless this publisher can afford to send Mossad-style hit squad to Russia to kidnap her and bring her to the US, she won't spend a day in prison or pay a dollar of those damages, and she'll continue hosting pirated scientific papers because who's going to stop her? Not Putin, that's for sure. You silly Americans, always thinking your courts have jurisdiction outside of US borders. Newsflash - they don't.

    2. Re:Information wants to be free!!! by Rockoon · · Score: 1

      Aaron was never convicted of anything. He was a troubled kid that already had issues, and faced _up to_ a lot of years in jail. He may have been given something like an 18 month sentence with credit for time already served .. etc.. maybe would never set foot in the general population of a federal prison (btw: the federal prisons are the easier ones...)


      You see the same thing in poker tournaments, all-be-it for much lower stakes. For some players the pressure builds and builds and then all of a sudden, all at once, they do something to release the pressure. They bring their evening to a resolution. Either they bust out right now for no good reason or they get lucky and accumulate a lot of chips (which also releases the pressure.) Their evening moves from out-of-control to under-control via the (attempted) "tournament suicide."

      You see it on the battlefield. That guy that just can't take the pressure of a situation. Brings it all to a resolution without any critical thought.

      While the poker players do it to "bring their evening to a resolution", Aaron killed himself to "bring his life to a resolution." He lost control of his fate and did what some people instinctively/subconsciously do when that happens.. he took control back. Just like some poker players. Just like some soldiers during war.

      I don't see how the Aaron Swartz situation is at all applicable here aside from the content being the same. Aaron (allegedly) did shit like break into closets. AFAIK the only crime these sci-hub folks have ever been accused of is copyright infringement, not breaking and entering, not hacking, not vandalism, not theft of service, etc. Aaron piled it on.

      --
      "His name was James Damore."
    3. Re: Information wants to be free!!! by backslashdot · · Score: 1

      Someone who comments as an anonymous coward really shouldn't be condemning anybody else for not wanting to face consequences.

  9. yeah, right by sxpert · · Score: 2

    like the russians give a shit about the New York district court... #LOL

  10. What a World by drinkypoo · · Score: 5, Informative

    Elsevier is a fraud machine, and they should be begging people to lend them legitimacy by republishing papers they've published. The fact that they are not tells you everything you need to know about corruption in scientific publishing. They've done more than $15M in damage to the scientific process, let alone public health.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:What a World by Svartalf · · Score: 1

      Heh... Since many know they did this...I question the "quality" of anything that they provide. I don't even bother contemplating paying for their shit. I see if I can find comparable or the actual article published by the school, etc. that did the work. Oftentimes, there's as good or better than at Elsevier.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    2. Re:What a World by Max+Sinister · · Score: 1

      I absolutely agree with this.

  11. Pandora box by Anonymous Coward · · Score: 0

    The music, film, software and video game industries has a LOT more power than the academic publishing industry and they are not doing very well, i think elsevier should take a page from their book.

    1. Re:Pandora box by Rockoon · · Score: 1

      WRT the RIAA/MPAA

      These folks are not playing the game that you think they are playing. They are rent seeking and its not new for them. The software/game industry is another thing. While there exists an anti-piracy software association, it really is concerned with the misguided attempt at ending the piracy of the products and this association does not speak for the industry. The RIAA and MPAA on the other hand DO speak for their respective industries. They *are* their respective industries, and I think that might be even on by-writ legal basis where these two associations represent even companies that dont want to be represented by them and never signed up to be represented by them, although I may be missing a separation here where its only ASCAP that enjoys this legal status.

      RAAA/MPAA seeks to leverage the fact of piracy for financial gain. Not true of that dumb software association.

      Many countries put a tax on blank media and send the money to the RIAA and MPAA, "because piracy." Rent seeking. Not the same as software/games at all.

      --
      "His name was James Damore."
  12. Public good: papers should be free by VikingNation · · Score: 3, Interesting

    Universities are funded by public funds and all research papers should be freely available.

  13. Like Turkey's President Recep Tayyip Erdogan by Alain+Williams · · Score: 4, Informative

    who is having evolution removed from school text books because it is too ''controversial''. He wants ''all classes are to be taught in a more religious context'' — translation: ''I want future generations to make decisions on the basis of whatever fantasies that I want to promote; make them incapable of rational evaluation of evidence.''.

    This can only result in a more unstable future world. We should eliminate religion from all politics; however I can't see that happening.

    1. Re:Like Turkey's President Recep Tayyip Erdogan by drinkypoo · · Score: 0

      We should eliminate religion from all politics; however I can't see that happening.

      It is a bitter irony that politics would serve the people better if everyone who used religion as their excuse for why they should vote for some law were struck dead by lightning.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Like Turkey's President Recep Tayyip Erdogan by alexgieg · · Score: 5, Insightful

      The problem is that schools don't teach science, they teach data (that happens to be models about facts). The problem is that from the point of view of most of those listening, data is data irrespective of it being fact-based or not, as anyone who has memorized all the details about who did what in Game of Thrones can attest, so for most of them there's no qualitative difference between a list of scientific conclusions and a list of religious fantasies.

      Want to really change things? Don't teach data, teach science. How to do it. Then challenge students by tasking them to study facts and make their own models. And then provide the actual scientific knowledge on the matter so they can confront what they did with what the true professionals did.

      That's how they'll learn actual science and become permanently immunized against nonsense.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    3. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous+Brave+Guy · · Score: 1

      There are plenty of people who vote in ways contradictory to the available scientific understanding, and who may suffer seriously for it in the long term.

      The trouble is that when we're talking about issues like climate change or over-reliance on limited natural resources, the rest of us are going to suffer along with them if we can't change their minds (or otherwise work around their objections).

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      We should eliminate religion from all politics; however I can't see that happening.

      In Christian mythology 2000 years ago a Jewish heretic was taken to a mountain where he was unsuccessfully demonically tempted with political power. The devil seems to be having a lot more success with that line lately...

    5. Re:Like Turkey's President Recep Tayyip Erdogan by Kjella · · Score: 1

      There's very, very little of humanity's accumulated knowledge you have time to rediscover in school, they do try to cover the basics of the scientific method but if you won't stand on the shoulders of giants you have a very long climb ahead. Many scientific facts defy common sense, which is why most people used to believe the earth was flat. If they can't tell the difference between a science textbook and religious dogma it's like not being able to tell the difference between a history textbook and Game of Thrones.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Like Turkey's President Recep Tayyip Erdogan by alexgieg · · Score: 1

      Even if it took a group of students four years to truly (re)discover one single scientific fact on their own, that'd provide them the intellectual tools required to not be fooled in conflating science with non-science. Afterwards, you could present them with a mass of raw scientific conclusions and they'd understand where that came from and how scientists arrived at those conclusions. That alone would be worth more than making them memorize thousands of scientific trivia they'll try their best to forget as soon as tests are over.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    7. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      Who mainly teaches science (in US K-9 schools)? People who do not understand science. Thus, they simply recite scientific conclusions, without any indication of how those conclusions came about. They are the fatwas of science priests.

      You don't have to repeat the experiments to understand what they were and how they affected theory. Very few people repeat the Michelson-Morley experiment, but many more understand what it was and what it "proved" experimentally.

    8. Re:Like Turkey's President Recep Tayyip Erdogan by BlueStrat · · Score: 1, Insightful

      The trouble is that when we're talking about issues like climate change or over-reliance on limited natural resources, the rest of us are going to suffer along with them if we can't change their minds (or otherwise work around their objections).

      No, the trouble is both sides honestly believe with just as much conviction that they are correct and the other side is wrong, however, one side has largely decided to abandon logical argumentation, debate, and consideration of conflicting research and data in favor of attempting to silence questioning & debate through suppression, censorship, and intimidation of those holding opposing viewpoints and/or attempting to have their viewpoints/research/data published where it might matter.

      Politics dressed up as science where winning becomes more important than science and where science becomes merely a means to an end, is the trouble.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    9. Re:Like Turkey's President Recep Tayyip Erdogan by alexgieg · · Score: 2

      Repeating experiments is absolutely fundamental. One can only appreciate how difficult and how rewarding scientific pursuit is when one's confronted with the reality of how hard it is to build a good, reproducible experiment. Without that one can hardly grasp how many things can interfere.

      Want a simple one? Tell students to show how throwing balls in the air results in a parabolic curve. You'll be amazed at how many errors that alone will produce. Then teach them how to make the experiment more rigorous, more accurate, more precise, until they themselves become certain of their conclusion.

      Then present them the Michelson-Morley experiment, showing how their certainty wasn't warranted.

      That teaches. Showing pictures of perfect experiments, beautiful noise-free charts, exact numbers without uncertainties and without the knowledge of why those "plus-minus" signs are there and where they come from? No, even when they understand on an abstract level this they're seeing, that isn't truly acquired knowledge. Only practice gives that.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    10. Re:Like Turkey's President Recep Tayyip Erdogan by Rockoon · · Score: 3, Insightful

      Part of the problem is the religion. I'm sure some Democrats and SJW's are going bonkers for having just read that, but the thing about religious fundamentalism is that its based on the fundamentals of the religion.

      You are talking about Turkey, where even though it is considered one of the more moderate Muslim countries, the majority of the population believes that suicide bombing against non-combatants is justified if its in the defense of the faith. Thats from actual polling data.

      So even in moderate places, the fundamentals, what the majority believes.. ..yeah...

      What is happening in Turkey isnt the government dumbing down the people. Its the government reflecting a dumbed down people.

      --
      "His name was James Damore."
    11. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous+Brave+Guy · · Score: 1

      I don't think our two positions are incompatible. My argument was just that those who don't respect the science and choose to go against it will probably suffer in the long run, but are still dangerous because they can easily bring everyone else down with them. Yours seems to be that there's too much bad science or political pseudoscience clouding the issues, which I would also agree with.

      If you want to look at it that way, part of the problem is that often people on both sides of an issue have dressed things up or failed to address reasonable dissent, even if not to the same degree.

      The credibility of science among non-scientists has clearly been undermined in recent years. Part of that is because the scientific community hasn't always had its own house in order, publishing far too much supposedly peer-reviewed research that turned out not to be reproducible at all when someone actually tried.

      There's also a danger of lies of omission, publishing only the impressive results or the borderline results that still favoured whoever was funding the research, without also publishing the research that didn't find anything particularly remarkable or even produced evidence contrary to the anticipated result.

      Then of course there's the often low standard of popular science reporting, where carefully worded conclusions written by diligent scientists are stripped of all subtlety and qualification by the headline writers. Suddenly a promising result in an early trial of some new personalised medicine technique is no longer just encouraging for the researchers and grounds for more advanced trials, it becomes "the cure for cancer within five years" or something similarly exaggerated.

      These kinds of distortions don't need to happen and be reported in popular media very often to start eroding the trust of non-experts in science as a whole. Then we start to get people latching onto anomalies and thinking that the effectiveness of vaccines or the changes happening in our climate are matters of faith or subjective debate, even if the overall balance of scientific evidence is compelling.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    12. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      Our physics course in high school did just that. Of course we got the usual stuff about vectors and momentum and electromagnetism and stuff, but we also got to do experiments, collect data, put it in the computer, formulate a hypothesis on what kind of curve to fit, see if it works and get the result. It was tremendously enlightening and also showed us how real-world messiness can make research really hard.

    13. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      Schools teach obedience. Everything else is an elective.

    14. Re:Like Turkey's President Recep Tayyip Erdogan by Hognoxious · · Score: 1

      So they spend four years rediscovering Avogadro's law, but they won't know how to work out what kind of fuse they need for a 10A kettle? Or what happens when you mix descaler and bleach? Or how much pressure an object weighing X exerts if its footprint is Y? Or why some peas are small an wrinkled? Or 101 bits of "trivia" that can, on occasion, be actually useful?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    15. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      These kinds of things will be picked up, too.
      Zero-sum is not a good way to look at most things.

    16. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      And in the US, we have Donald Trump.

    17. Re:Like Turkey's President Recep Tayyip Erdogan by Anonymous Coward · · Score: 0

      What horrible US school did you go to?

      Because the ones I went to absolutely did teach the scientific method, it wasn't simply about recitation of conclusions at all. Sure, conclusions were covered, but ask a question about any of them and you'd get a more thorough look at them, including how they were reached.

      And I went to public school in Tennessee. Not all of my teachers were any good, but the majority of the science teachers were.

    18. Re:Like Turkey's President Recep Tayyip Erdogan by RockDoctor · · Score: 2

      if everyone who used religion as their excuse for why they should vote for some law were struck dead by lightning.

      Using an engineered version of an existing virus, which evades current vaccines but is easy to develop a new vaccine for would achieve a considerably greater selectivity. I'd go for something like a cowpox or monkeypox with some high lethality and high transmissibility factors from elsewhere in the poxvirus family Easy enough to vaccinate against, but if it's fast-acting you can get a good rate of hits on the religiously-infected (and fellow-travellers, like Vaxxers) while allowing the literate population a good chance of survival.

      Lightning is too random to be useful. As an educational tool, it sounds like something that the religious would think of without a shred of supporting evidence.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  14. Re:Typical (Yes, VERY much so) by Anonymous Coward · · Score: 1

    All matters they have jurisdiction over, they're obliged to hear and rule upon. It's the law, after all. Having said this, the Judge has limited jurisdiction- which means a limit of the enforcibility unless they can convince the jurisdictions covering SciHub where it's based to honor the judgements (Sometimes happens...but best of luck on that Elsevier...)

    A Judge might (Emphasis there- realize that there's a limit to the scope...unless you agreed to the jurisdiction to the limits of the enforceability (i.e. things within the US, for example) they have no Authority to rule.) be able to order the domains to be seized but the money amounts? X-D That's not likely to happen.

    Thing is? Judges do this all the time. What most don't get? A ruling outside of the enforcibility of the Court's jurisdiction renders the whole Void in the US.

    Meaningless and it makes anything utterly ignorable by the party in question.

  15. $15,000,000 by mugurel · · Score: 1

    Is that really the market value of scientific knowledge? Who needs traditional facts anyway, now that we have alternative and renewable facts?

  16. "publishing" and science by Anonymous Coward · · Score: 0

    Real scientific papers should really be published, meaning public, probably under some open source license to make it clearly public.

    Otherwise if papers are hidden behind paywalls, that's not really science.

  17. Lack of comments here says it all by fygment · · Score: 1

    People don't care. Government doesn't care.
    Not here not anywhere except maybe some students in a university course.
    The rest are oblivious or if aware they think it doesn't matter.
    And maybe it doesn't. Who is affected by BIG PUBLISHING's stranglehold? Researchers that are not in an institution that pays subscription fees or that are behind an embargo/firewall etc. That's really not a lot of people in the big picture.
    And what alternatives are there for those researchers in this day and age? Well, get in touch with the author of the paper of interest and ask for a copy. Why not?
    Alternatively, why don't all authors make pre-prints available on their home pages? A publisher/publication typically requires a maximum 6-8 pages but every researcher has to trim the fat to achieve that. So publish the 'full' version on a home page and in arxiv.

    --
    "Consensus" in science is _always_ a political construct.
  18. Re:a gift from 'the friends of Israel' by Applehu+Akbar · · Score: 1

    Elsevier is a Dutch company. Fear the Hook of Holland!

  19. meet the new mantra, same as the old mantra by Anonymous Coward · · Score: 0

    Information wants to be free.

  20. We need to move our scientific research by Anonymous Coward · · Score: 0

    We need to move it to another country where it is safe from scum like Elsevier. If Elsevier keeps attacking our repositories, we should actually send people to eliminate them.

  21. fuck them by BlytheBowman · · Score: 1

    How about I make a one zillion dollar bill out of partialy used toilet paper and mail it to them??

  22. Sci-hub's onion address by boa · · Score: 4, Informative

    Now that the domain names are blocked, here's the onion address
    http://scihub22266oqcxt.onion/

    (Use the Tor browser to access the site)

    1. Re:Sci-hub's onion address by Areyoukiddingme · · Score: 1

      Now that the domain names are blocked, here's the onion address
      http://scihub22266oqcxt.onion/

      Interestingly enough, it's not blocked in Google DNS. sci-hub.io still resolves just fine.

    2. Re:Sci-hub's onion address by drinkypoo · · Score: 1

      So is this a public service that Google is inexplicably providing, or a caching issue that will be resolved shortly? (Hasn't been resolved yet though, as resolution is still functioning.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Sci-hub's onion address by Anonymous Coward · · Score: 0

      I think the DNS is only blocked in the USA, it works fine here.
      If it's only a DNS block, http://80.82.77.84 should work too. (https fails, since the certificate is for the domain, not the IP address.)

    4. Re:Sci-hub's onion address by Vadim+Makarov · · Score: 1

      https://sci-hub.cc/ works for me.

      --
      17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
  23. EU OA by bestweasel · · Score: 1

    E.U. member states agreed [last month] on an ambitious new open-access (OA) target. All scientific papers should be freely available by 2020, the Competitiveness Council - a gathering of ministers of science, innovation, trade, and industry -
      concluded after a 2-day meeting in Brussels.

    http://www.sciencemag.org/news...

    1. Re:EU OA by thomst · · Score: 2

      bestweasel noted:

      E.U. member states agreed [last month] on an ambitious new open-access (OA) target. All scientific papers should be freely available by 2020, the Competitiveness Council - a gathering of ministers of science, innovation, trade, and industry - concluded after a 2-day meeting in Brussels.

      http://www.sciencemag.org/news...

      Unfortunately, that was just the Competitiveness Council's resolution. To put actual teeth into it as an EU policy will require action by the European Parlaiment.

      In the meantime, there's the Unpaywall extension for Firefox and Chrome. If there's a non-paywalled version of a journal article available on the Web, it'll find it for you. (And it pays to check back, because free versions often become available sometime after the initial publication of a journal article.)

      --
      Check out my novel.
  24. Revenue by Anonymous Coward · · Score: 0

    What was Elsevier's revenue before and after scihub? My guess is they probably made even more money thanks to scihub.
    More dissemination of information the more quality science being published .. which in turn helps drive revenue for Elsevier even though scihub competes with it.

  25. message from duh court by Reverend+Green · · Score: 1

    Message from duh New York District Kangaroo Court: Fuck science - proles don't deserve knowledge!

    It's DUH LAW.

  26. Re:a gift from 'the friends of Israel' by Anonymous Coward · · Score: 0

    Then why did they go to a US court? sci-hub is neither Dutch nor American, and the domains are only blocked in the USA, not in the Netherlands.

  27. Re:Revenue of Elsvier by davecb · · Score: 1

    They're not doing all that well: when I worked for a subsidiary who, IMHO, was one of their cash cows, they always wanted more than 30% ROI because the rest of their business was disappointing.

    --
    davecb@spamcop.net
  28. Juridiction by manu0601 · · Score: 1

    It is weird a court accepts to spend time on a case outside of its juridiction.

    1. Re:Juridiction by Anonymous Coward · · Score: 0

      I agree. Elsivier is Dutch. Sci-Hub was established and run by a Khazakhstani and hosted in Russia. The NYD court probably decided it had jurisdication because one of Elsivier's many offices happens to be located in NYC. Elsivier probably decided to file in NYD because they knew Elbakyan wouldn't appear to file a defence.

  29. Elsevier needs more money to keep click-baiting by Anonymous Coward · · Score: 0

    They are magazine peddlers that seem to sell something they don't fully understand, they keep pushing fake articles while more articles from them keep being retracted with bad consecuences to research.

  30. sci-hub sucks by Anonymous Coward · · Score: 0

    It's a tangled mass of JS crap that I've never managed to get to work. They screwed up as simple as a search interface.

  31. Evil journals restricting access to science ! by Cochonou · · Score: 1

    I think a lot of reactions here are a bit caricatured.
    Evil journals are restricting the access to science. Every researcher is against them, but cannot fight the maffia system they established. The peer review is a flawed process, and unreproducible results are published. Let's destroy them !

    Yet...
    If authors are so much against the journal system, why don't they all publish preprints of their articles ? Most of the journals allow it.
    If the peer review system is so worthless, why are articles changing so much between the initial submitted version and the final published version ?

    A lot of people here are acting as if an article with results which have not been reproduced yet was worthless. Have they really been in any contact to the field of sciences ? One of the points of the peer review is to make sure that enough details are given on the experimental conditions and analysis methods, so that the experiment can be reproduced. But this might be the point of another article, by another team, at another time... Progress works like this.
    If most articles have a "prior work" section that reviews the state of the art, it is not just to fill pages so that the journal can charge more. This is to present if the findings are new, and by definition have not been reproduced yet by other teams.

  32. Regime Change by Tenebrousedge · · Score: 2

    So for one thing, Islam doesn't draw the same distinction between religion and state that we do. But as to these suicide bombers, well, a few centuries ago there were some pretty civilized Islamic empires in that part of the world. Western countries fixed that. And the last time that anyone tried to set up a progressive Islamic government, however, they started getting uppity about owning their own oil, and the CIA staged a coup and installed a friendly dictator. People got that message loud and clear.

    Maybe if we stop bombing these guys back to the Stone Age and trying to dictate their politics they'll stop being violent fundamentalists.

    --
    Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
  33. I left academia because I hate this model by Max+Sinister · · Score: 1

    You have to pay quite some money to read journals, but you have to pay for publishing in them as well. It is as if science was a crime, and you get fined for doing it.