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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.

36 of 167 comments (clear)

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

    Sign up today...

  2. 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 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.

    4. 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.'"
    5. 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
    6. 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.'"
    7. 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.

    8. 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.'"
    9. 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.)

    10. 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!

    11. 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?
    12. 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.

    13. 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
    14. 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.
    15. 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.'"
  3. yeah, right by sxpert · · Score: 2

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

  4. 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.'"
  5. 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.

  6. 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 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.
    2. 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.
    3. 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."
    4. 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"
  7. 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."
  8. 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.

  9. 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.

  10. 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.'"
  11. 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.

  12. 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.
  13. 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?
  14. 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)

  15. 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."
  16. 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.
  17. 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.