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.

16 of 167 comments (clear)

  1. 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: 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.

    3. 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.'"
    4. 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.'"
    5. 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.'"
    6. 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.)

    7. 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!

    8. 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.

    9. 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.

  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: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.
  5. 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.
  6. 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.
  7. 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."