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Sci-Hub 'Pirate Bay For Scientists' Sued by American Chemical Society Over Cloned Site (ibtimes.co.uk)

The American Chemistry Society (ACS) is now suing Sci-Hub, the so-called "Pirate Bay for Scientists," over copyright infringement and counterfeiting, and is asking the courts to grant an injunction against the website in the US. From a report: Following the news that academic publisher Elsevier won a legal judgement of $15m in damages against Sci-Hub for allowing people to illegally download peer-reviewed academic papers for free, the world's largest scientific society ACS has filed its own lawsuit in the state of Virginia against the website. ACS is complaining that in addition to making hundreds of thousands of research papers owned by the society freely available, Sci-Hub has also cloned its website and is infringing its trademarks by operating two almost-identical replicas of the ACS website at pubs.acs.org.sci-hub.cc and acs.org.secure.sci-hub.cc.

132 comments

  1. Two words... by Excelcia · · Score: 1, Troll

    Go them!

    1. Re: Two words... by Excelcia · · Score: 1

      I had thought it was self evident, I see I should have been more explicit. I meant Go Sci-Hub.

    2. Re:Two words... by Anonymous Coward · · Score: 0
  2. Default Judgement by Luthair · · Score: 5, Informative

    It should be noted that the judgement Elsvier won was a default judgement because SciHub didn't appear... because they aren't a US entity.

    1. Re:Default Judgement by MightyYar · · Score: 2

      Even if they broke a US law, it is pretty meaningless without jurisdiction, isn't it? I guess if SciHub ever travels to the US, SciHub is in double-big-big trouble!

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    2. Re:Default Judgement by Anonymous Coward · · Score: 1

      It happened before...
      https://svpow.com/2012/01/27/publishers-invent-a-whole-new-form-of-evil-suing-their-customers/

    3. Re:Default Judgement by Luthair · · Score: 1

      So are you willing to send Americans to Thailand for criticizing their King or to the middle east if they criticize Islam?

    4. Re:Default Judgement by ChromeAeonium · · Score: 5, Insightful

      You're not wrong. Sci-Hub is in violation of the law, no doubt about that. Morally though, I absolutely could not care less, and think that what is really wrong is hoarding knowledge in the form of the tax payer funded publications which Sci-Hub is now making accessible for all.

      I hope the Sci-Hub founder that Elsevier is after is never extradited. What she's doing is making the world a better place.

    5. Re:Default Judgement by Anonymous Coward · · Score: 0

      Sending them? YES that is a no no. But that isn't the point here. If you publicly insult Islam and then WILLINGLY travel to an Islamic country your @$$ is is deep deep trouble. The US makes you sign a wavier when doing so stating "Uncle Sam will not come save your @$$ should you run afoul of this countries laws"

    6. Re:Default Judgement by ooloorie · · Score: 5, Informative

      FYI:

      Following a lawsuit brought in the US by the publisher Elsevier, Elbakyan [the SciHub founder] is presently in hiding due to the risk of extradition;[16] Elsevier has been granted a $15 million injunction against her.[17] According to a 2016 interview, her neuroscience research is on hold, but she has enrolled in a history of science master’s program at a “small private university” in an undisclosed location.

      Note also that Elsevier is a Dutch publisher, headquartered in Amsterdam. Maybe the US should tell Elsevier to go f*ck themselves and file those lawsuits in Europe rather than the US. Why should the US always take the political crap that results from European publishers suing people?

    7. Re:Default Judgement by chipschap · · Score: 2

      Elsevier makes even Microsoft look like good guys.

    8. Re:Default Judgement by ooloorie · · Score: 2

      It should be noted that the judgement Elsvier won was a default judgement because SciHub didn't appear... because they aren't a US entity.

      Neither Elsevier nor SciHub are US entities.

      It's annoying that non-US entities are trolling each other in the US legal system.

    9. Re:Default Judgement by stephanruby · · Score: 4, Insightful

      It may be meaningful. Such a judgment may make it easier to get the site delisted from US-based search engines. It may also make it easier to cut off Visa/Mastercard donations to the site and possibly stop other forms of revenues coming from US-based companies.

      Also, when the leader of the Republic of Kazakhstan dies, he's 76 years old now. There will be two factions, a Russian-alignment faction and a US/NATO-alignment faction. If the US/NATO faction wins, and if US troops can be placed there before Russia invades (which won't be easy), many people in Kazakhstan will be relieved, but that that doesn't mean that the woman who created SciHub won't go to prison for the rest of her natural life.

      Just take a look at what the US forced Colombia to do. 8 years of prison for sharing a single scientific article. Just imagine what punishment they would push for SciHub (which is one of the largest repositories of scientific articles in the world). Maybe 5 million years in prison? Summary execution? I don't know. But if Kazhakstan gets in bed with the US, that woman needs to drop everything she's doing and defect to Russia.

    10. Re:Default Judgement by Z00L00K · · Score: 3, Insightful

      Because money talks - even courts can profit from cases they process.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    11. Re:Default Judgement by Anonymous Coward · · Score: 0

      Which law? Because as far as I can see Elsevier was fully aware they were publishing scientific papers, and agreed to do so. That is, Elsevier gave implicit, if not explicit, permission for the publications to be used, without limit, for any scientific use.

    12. Re:Default Judgement by Anonymous Coward · · Score: 4, Interesting

      There are absolutely a lot of reforms that need to happen with scientific journals. However, in the case of scientific publications, a significant amount of that information may be available freely in other places, such as conference proceedings that are freely available online. Preprints and even recorded presentations are often posted online and made freely available. At least one professional society I know of makes all publications freely available from closed access journals after three years.

      The bigger issue, IMO, is the Bayh-Dole Act, which I find far more outrageous. This allows universities to patent research from federally-funded research, with the only requirement that the federal government be free to use the work without paying royalties. These patents may then be auctioned off by the universities and bought up by patent trolls.

      I'd definitely like to see some requirement that closed access journals only remain closed for a limited amount of time. If federal awards require that published papers be open access after a certain amount of time, journals will change their policies rather than lose those papers altogether. However, this should also be done alongside a repeal of the Bayh-Dole Act.

    13. Re:Default Judgement by Frosty+Piss · · Score: 2

      It should be noted that the judgement Elsvier won was a default judgement because SciHub didn't appear... because they aren't a US entity.

      Neither Elsevier nor SciHub are US entities.

      It's annoying that non-US entities are trolling each other in the US legal system.

      Perhaps they know that only in the US courts will they get a favorable ruling in the tens of millions of dollars.

      --
      If you want news from today, you have to come back tomorrow.
    14. Re:Default Judgement by ooloorie · · Score: 1

      Because money talks - even courts can profit from cases they process.

      The US doesn't "profit" from these cases; this is a colossal waste of US taxpayer dollars.

    15. Re:Default Judgement by ooloorie · · Score: 1

      Perhaps they know that only in the US courts will they get a favorable ruling in the tens of millions of dollars.

      Yes, though not for the reasons you think: the US simply happens to be the biggest market, so that's where the biggest damages accrue.

    16. Re:Default Judgement by Anonymous Coward · · Score: 0

      It should be noted that the ire Elsevier faced was a well earned because their business model is to make people pay to store their academic research and then charge other parties to access it.

      Sorry i couldn't hear you over the sound of you not understanding a thing because it was outside your field.

    17. Re:Default Judgement by phantomfive · · Score: 1

      You're not wrong. Sci-Hub is in violation of the law, no doubt about that.

      How can you be so sure about the details of Kazakhstan copyright law?

      --
      "First they came for the slanderers and i said nothing."
    18. Re:Default Judgement by vlad30 · · Score: 1

      Just take a look at what the US forced Colombia to do. 8 years of prison for sharing a single scientific article. Just imagine what punishment they would push for SciHub (which is one of the largest repositories of scientific articles in the world). Maybe 5 million years in prison? Summary execution? I don't know.

      Killing the publishers CEO would have gotten a lighter sentence claim temporary insanity and get a holiday for a year

      --
      Your'e all thinking it, I just said it for you
    19. Re: Default Judgement by Anonymous Coward · · Score: 0

      He didn't say 'the US' he said 'the courts'

    20. Re:Default Judgement by Aighearach · · Score: 1

      US troops would never be placed in Kazakhstan.

      Beckybeckystanistan is the deepest into Central Asia they would ever be sent.

      Total pipe dream.

    21. Re:Default Judgement by loonycyborg · · Score: 1

      NATO won't bother invading Kazakhstan because there is not enough oil there.

    22. Re:Default Judgement by Applehu+Akbar · · Score: 1

      At least in this case, the piracy charge came from the author of the paper, who is the rightful owner of the IP. The problem we have in the US is researchers being forced, often by their schools, to sign over their IP to the publisher of their paper.

    23. Re: Default Judgement by Anonymous Coward · · Score: 0

      I didn't think there was any science left in the US. Didn't Trump ban it?

    24. Re:Default Judgement by martiniturbide · · Score: 1

      Can Sci-Hub use the US copyright 107 for defend? "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;" https://www.law.cornell.edu/us...

    25. Re:Default Judgement by Anonymous Coward · · Score: 0

      That's an interesting strategy to minimize your tax burden: sue SciHub for copyright infringement and when you win by default, write off the losses on your taxes.

      AFAIK, this is a legitimate unintended consequence of the excessive damages awarded under US.Copyright law.

    26. Re:Default Judgement by NicknameUnavailable · · Score: 0

      Only one type of person defends Elsevier in keeping knowledge behind a paywall: someone paid by Elsevier.

    27. Re:Default Judgement by Anonymous Coward · · Score: 0

      Sci-Hub is in violation of the law, no doubt about that.

      Are you aware Kazakhstan is not a US state? They need to obey US law as much as you need to obey Saudi law.
      If you're a Kazakh lawyer please enlighten us: which laws is Sci-Hub violating?

    28. Re:Default Judgement by dunkelfalke · · Score: 1

      They have sighed the WIPO treaty.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    29. Re:Default Judgement by some1001 · · Score: 1
    30. Re:Default Judgement by K.+S.+Kyosuke · · Score: 1

      Such a judgment may make it easier to get the site delisted from US-based search engines.

      That's not going to block LibGen's own search engines, though.

      --
      Ezekiel 23:20
    31. Re:Default Judgement by drinkypoo · · Score: 1

      Maybe the US should tell Elsevier to go f*ck themselves and file those lawsuits in Europe rather than the US.

      That would be stupid, because TPTB clearly want to promote strong copyright law.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    32. Re:Default Judgement by drinkypoo · · Score: 2

      How can you be so sure about the details of Kazakhstan copyright law?

      Maybe he knows how to use google. I used "Kazakhstan berne convention" and got back a list of IP laws enacted by their legislature. Maybe you should learn to internet if you're going to post to slashdot.

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

      You're an asshole. Someone "facing up to eight years" in prison is not the same as someone sentenced to eight years in prison. I hate people like you who write dishonestly. The person you write about served no prison time and was cleared of the copyright charge. https://www.nature.com/news/colombian-biologist-cleared-of-criminal-charges-for-posting-another-scientist-s-thesis-online-1.22057

    34. Re:Default Judgement by MightyYar · · Score: 1

      So more correctly, there's no great way to remove oil and bring it to the western world from Kazakhstan.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    35. Re:Default Judgement by luis_a_espinal · · Score: 1

      So more correctly, there's no great way to remove oil and bring it to the western world from Kazakhstan.

      I hear there is something called a pipeline. Cool shit I know!

    36. Re:Default Judgement by ooloorie · · Score: 1

      TPTB clearly want to promote strong copyright law.

      TPTB seem to be discovering that the world is increasingly not working according to their preferences or plans.

    37. Re:Default Judgement by Rockoon · · Score: 1

      I suggest the sci-hub folks offer yearly digest archives of everything they have that was published within a given year. Throw em up on a torrent and then they will never ever disappear from availability again.

      --
      "His name was James Damore."
    38. Re:Default Judgement by Anonymous Coward · · Score: 0

      What law are they in violation? Do US laws have global reach? Do operators of public resources in other countries have a responsibility to research the laws of all countries before lifting an automatic region block?

      Strange that so many in our country assume that the whole world can be held to laws enacted by an overly controlling entity when we had to fight against that idea 200 years ago.

    39. Re:Default Judgement by Rockoon · · Score: 2

      You mean like the pipeline Assad refused to build for Saudi Arabia, causing the U.S. to start bombing Syria?

      --
      "His name was James Damore."
    40. Re:Default Judgement by Rockoon · · Score: 1

      You're an asshole. Someone "facing up to eight years" in prison is not the same as someone sentenced to eight years in prison. I hate people like you who write dishonestly. The person you write about served no prison time and was cleared of the copyright charge.

      +1 Thank You.

      The Internet has turned these dishonest fucks into vermin.

      --
      "His name was James Damore."
    41. Re: Default Judgement by Anonymous Coward · · Score: 0

      We do? Last time I check nearly all incoming money to the courts (and not being paid out to a party) goes directly to congress. We didn't see a single dime of it.

      Please learn your gov't.

    42. Re:Default Judgement by umafuckit · · Score: 1

      You're not wrong. Sci-Hub is in violation of the law, no doubt about that. Morally though, I absolutely could not care less, and think that what is really wrong is hoarding knowledge in the form of the tax payer funded publications which Sci-Hub is now making accessible for all.

      This is mostly true but there are details worth highlighting. Not all research is tax payer funded. Some of it is funded by private entitites like HHMI or the Wellcome Trust. Quite a few papers are available for free even some recent ones from top journals. Sometimes the funding body insists on this and pays extra to make sure it's the case. The Wellcome Trust do this. Finally, you can often download people's papers from the websites (illegal, probably) or just ask them for a copy. It's not convenient but it does work. Of course this plan doesn't help if the researcher has packed up or died.

    43. Re:Default Judgement by Anonymous Coward · · Score: 0

      http://www.humorix.org/10384

    44. Re:Default Judgement by MightyYar · · Score: 1

      I love me some good sarcasm, but seriously you need to look at a map and tell me where the Western countries would run a pipeline from Kazakhstan.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    45. Re: Default Judgement by Anonymous Coward · · Score: 0

      So at least we can go to an oversea site to read thresearch our taxes helped fund.

    46. Re:Default Judgement by Falos · · Score: 1

      Sorry, I couldn't hear you because I have arbitrary criteria to having an opinion.

      I could AC snob, for instance.

    47. Re: Default Judgement by Anonymous Coward · · Score: 0

      By which you mean, the internet has exposed the perfidy of the courts.

    48. Re: Default Judgement by KGIII · · Score: 1

      With some cooperation, the nearest ocean would work. If nothing else, the US has a rather kick-ass navy. It probably wouldn't be too difficult to ensure the threat of the USN kept the sea lanes open for trade and transport of oil.

      --
      "So long and thanks for all the fish."
    49. Re: Default Judgement by KGIII · · Score: 1

      Further investigation indicates that Deigo Gomez was acquitted.

      Why would you claim the US forced them to sentence him to 8 years, when your article says nothing of the sort? It was 4 to 8, based on their own laws, and the guy was acquitted.

      If we want to win this fight, we're going to have to take the moral high road, and that includes being honest. Dishonesty does nobody any good. If I can just search the name, and find out you've been lying, then it means I can discount everything you say and ignore those you'd claim to be affiliated with.

      Lies don't help.

      --
      "So long and thanks for all the fish."
    50. Re: Default Judgement by Anonymous Coward · · Score: 0

      Oddly enough, the world hasn't turned out the way a bunch of Hillary's screeching supporters insisted it would.

    51. Re: Default Judgement by MightyYar · · Score: 1

      There's no ocean access to Kazakhstan. Again, look at a map. You have access to Russia, China, and a bunch of other "stans" by land. You only have the Caspian Sea by water. The West's best bet would be letting Azerbaijan take a cut and use their existing pipelines through Turkey and Georgia after transporting it over the Caspian Sea. But since Azerbaijan already produces oil, it's not clear that they would agree to this - and it would be a little odd if their pipelines had a lot of extra capacity. I'm not sure if there are any Caspian Sea shipyards capable of large tanker production, maintenance, and repair - that would be another obstacle.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    52. Re: Default Judgement by MightyYar · · Score: 1

      Apparently, they are already using Azerbaijan. Since they rely on a precarious Georgia pipeline and a pipeline in Turkey apparently susceptible to attacks, this might not be ideal for the west to hang their hat on. And that's without pointing out that Russia has full control over the Caspian.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    53. Re:Default Judgement by Anonymous Coward · · Score: 0

      TPTB clearly want to promote strong copyright law.

      TPTB seem to be discovering that the world is increasingly not working according to their preferences or plans.

      I really want to believe that, so much. It's just that TPTB seem so very skillful at spinning things to suit their agenda, and the general masses so eager to believe them. No amount of documented lies seems to lengthen their memory. I want to believe that's just a false image of "mainstream", I really do...

    54. Re: Default Judgement by KGIII · · Score: 1

      It'd take a big pipe but I see no technical reason why it couldn't happen. If we assume a "judicious use of force," then it may even be easily accomplished with little complaint from the locals. (Also, probably some bribes.)

      It's oil. If the US really wanted it, and were desperately in need of it, I'd not be even a wee bit surprised if they just pretty much took it and insisted that it be put into said pipeline or face AmeriOil Corps who are subcontracted to guard it.

      I'm not even kidding. If we want that oil, we'd probably just come take it. 'Snot like the planet is going to attack the US. I'm pretty sure we could throw a few nukes and only get mild rebuke from the UN. You don't really think we're going to let the UN land troops on our soil, do you? No, that's not gonna happen.

      Which was kinda my point. If it's valuable and the West wants it, we'd just go make sure we got it. Besides, we can sell it to China and take some power away from the Middle East. They'd love a new source for oil. They'd like it even better if it were patroled by AmeriOil, probably.)

      --
      "So long and thanks for all the fish."
    55. Re: Default Judgement by KGIII · · Score: 1

      I bet they'd love a pipeline to the sea and American destroyers and a carrier sitting nearby to ensure their safety.

      It'd be the biggest finger to Putin they could give.

      Also, on a geopolitical scale, and being a dumb American, I'd have to laugh my ass of for something like this to come about. I'm pretty sure we could just stomp in there and take it by force. I'm pretty sure countries like Germany will be angry with us, but I bet they don't actually attack us - or help the locals. The UK? They're not gonna stop us if we go on a rampage and just take their oil. Canada? No... Mexico? No.... Russia? Only a token amount - and then maybe not if we've said we'll stay inside the borders. China? Not a chance in hell. They'd just hope we sell them some of that sweet, sweet oil.

      --
      "So long and thanks for all the fish."
    56. Re: Default Judgement by MightyYar · · Score: 1

      I bet they'd love a pipeline to the sea and American destroyers and a carrier sitting nearby to ensure their safety.

      You still haven't looked at the map. It's a landlocked sea. No American carrier or destroyer will be paying a visit.

      China is directly adjacent to Kazakhstan. They would quite obviously not be OK with American military presence on their border.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    57. Re: Default Judgement by MightyYar · · Score: 1

      Oh, for the love of God - please fire up a map. The US navy has no bearing on this discussion. Any invasion would be air-based and super, super expensive - maybe even logistically impossible. China and Russia could quite easily bankrupt us by fighting a proxy war like Pakistan has done in Afghanistan. It would be super, super stupid to try and invade Kazakhstan.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    58. Re: Default Judgement by KGIII · · Score: 1

      You know they can make the pipe longer, right?

      --
      "So long and thanks for all the fish."
    59. Re: Default Judgement by MightyYar · · Score: 1

      And put it where? The pipe has to pass through countries aligned with either Russia, China, or with domestic saboteurs targeting pipelines. Refer to a map.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    60. Re:Default Judgement by MercTech · · Score: 1

      Hmmm, so the ACS organization that reviews academic papers claims to own them and charges through the nose to access a copy. Sci-Hub allows for free download of academic papers. ACS gets its panties in a bunch because their cash cow of charging hundreds of dollars for a copy of a report is going away. The days of expensive limited print runs are over with electronic versions of documents. Culture shock anyone?

      This is a lot like the American National Standards Institute (ANSI). A private company that publishes industrial standards is cited in federal law requiring compliance with ANSI standards. If you actually want to look at the standards for (as an example) a hard hat as required by OSHA regulations; it costs $450 to read a copy of the standards for hard hats. This was a big WTF moment for me that a legal requirement under federal law is a secret squirrel requirement hidden behind a corporate paywall. (BTW, a hard hat has to protect a person from a 1/4-20 1.5 inch long bolt dropped from 20 feet.)

      https://webstore.ansi.org/

      --
      NRRPT/RCT
    61. Re:Default Judgement by ooloorie · · Score: 1

      Hmmm, so the ACS organization that reviews academic papers claims to own them and charges through the nose to access a copy.

      They don't "claim to own them", they actually own them. Specifically, they own the copyright, because the authors have transferred the copyright to them.

      The days of expensive limited print runs are over with electronic versions of documents. Culture shock anyone?

      They probably are. But SciHub isn't the way it's going to end, Arxiv is.

    62. Re: Default Judgement by Brockmire · · Score: 1

      I think after the 7th "refer to map" , it's not going to happen. I'm reminded of the commercials where husband is lost and refuses map and directions.

  3. Science need to be free by Anonymous Coward · · Score: 5, Funny

    We pay our taxes. We want our money's worth. Give us our free science. NOW!

  4. Getting it on. by Anonymous Coward · · Score: 0

    Pirate Bay for Scientists

    This is the one time scientists get some booty.

  5. ACS Well Known for Monetizing Information by Anonymous Coward · · Score: 1

    There's the CAS, for example. Here, we have a scientific society that works against the best interests of its members.

    1. Re:ACS Well Known for Monetizing Information by Anonymous Coward · · Score: 3, Insightful

      Yeah really insightful shit man. Perhaps you could engage your brain instead of just blaming everything on the queens and the coons and the reds and the jews.

      Research is typically funded via grants. Freely publishing papers does not mean that the researchers will not get paid. They already got paid well before the paper was ever published.

      Closed access journals only exist to make information brokers rich. They do not fund further scientific investigation, or those who write the articles.

    2. Re:ACS Well Known for Monetizing Information by Anonymous Coward · · Score: 0

      Touched a nerve me thinks...

      Let me guess you're the teamster type that thinks the photocopier should be run by that union guy, because that's how it's always been? Stop press - making a crust off of researchers hard work is plain wrong, no matter how you cut it!

    3. Re:ACS Well Known for Monetizing Information by Anonymous Coward · · Score: 1

      A lot of these publications come from universities, who have to pay the page charges. The funds for those page charges come from grants, many of which are federally funded. Some of the grant funding does, indeed, go to pay the salaries of researchers. Most of the time, those are going to pay stipends for students, postdoc salaries, and research faculty salaries. Although tenure track faculty can get paid off these awards, it's typically limited to two months of summer funding. And yes, there are legitimate reasons that journals have page charges. Among other things, you're paying for copy editors to take the manuscript from its draft formatting to something that looks like what you see in journals. I have no problem with this.

      Page charges are considered part of the direct costs in a grant. However, these grants also include what are called facilities & administrative costs (F&A) that are indirect costs. Some of these are legitimate. The facilities in which the research is conducted have to be maintained. Someone has to process things like paying page charges, salaries, stipends, and tuition waivers. There are also staff that ensure regulatory compliance. These are necessary overhead expenses, and I have no problem with them. It's completely reasonable to include these in a grant.

      The F&A costs are typically budgeted at some percentage of modified total direct costs (MTDC), which are based on direct costs that include things like equipment, travel, salaries, and page charges. In practice, the F&A costs are often over 50% of the MTDC, and the percentages are on an upward trend. That means universities are charging more overhead to do the same research.

      Consider how one university allocates their F&A costs: "F & A funds are shared with colleges across campus and used to build and maintain infrastructure and facilities, support faculty start-ups, fund required cost-share and fund costs of compliance." Although F&A costs are justified as supporting the overhead of conducting a research project, this is definitely funding things that have no relation to the project the grant is supposed to fund. Put another way, universities drive up F&A costs to support things that have no relation to the grants, and those are things that actually should be funded by the state's budget. Also, a lot of the facilities that get built really aren't necessary and are amenities that should be funded through things like student fees.

      Journal page charges of $2,500 aren't too far out of line for an article that includes some color figures. However, a university would also tack on roughly $1,250 in F&A costs to that grant. It doesn't cost $1,250 for the university to process the paperwork associated with page charges, pay the journal, and pay the salary of the person who's performing those administrative duties. It's not even close to that. Many closed access journals have open access fees. One journal that is currently reviewing a manuscript of mine has an open access fee of $800. Basically, the authors pay up front what the journal would otherwise expect to collect from the article being purchased. However, that extra $800 that's paid alongside the page charges means an extra roughly $400 in F&A costs despite no actual increase in the amount of work done as part of the overhead.

      To summarize, these grants are full of what Congress loves to refer to as pork. In addition to paying the direct and legitimate indirect costs associated with the project, a lot of funds are diverted to things that have no relevance to the actual project. These dramatically drive up the cost of grants. And even if inflation and increased wages and salaries mean that the direct costs become more expensive, I see no good reason why the F&A percentage should also go up. The F&A costs are rising disproportionately to the direct costs. Is funding a professional society worse than funding all the pork at a major university?

    4. Re:ACS Well Known for Monetizing Information by Applehu+Akbar · · Score: 1

      Journal page charges of $2,500 aren't too far out of line for an article that includes some color figures.

      What you mean is that $2,500 for a page with color figures is what you can charge when there's no competition. Putting that paper on an open website would cost far less than that.

    5. Re:ACS Well Known for Monetizing Information by stealth_finger · · Score: 1

      Getting paid for your work is one thing but taking other people's work, charging through the nose for it and keeping all the money for yourself is something different.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    6. Re:ACS Well Known for Monetizing Information by Anonymous Coward · · Score: 0

      Did not know Elsivier was pointing a gun at these poor down trodden universities and their professors.

    7. Re:ACS Well Known for Monetizing Information by drinkypoo · · Score: 1

      Putting that paper on an open website would cost far less than that.

      In fact, for $2500 you could put the paper on an open website for 208 years if you used dynamic DNS and thus didn't have to pay for domain registration.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:ACS Well Known for Monetizing Information by careysub · · Score: 1

      Did not know Elsivier was pointing a gun at these poor down trodden universities and their professors.

      In fact, they kind of are.

      Elsevier has been in the business of buying up prominent scientific journals - the journals in which a researcher who want to build up a career, scientific credibility, and get read by other scientists must publish.

      Boycotting these journals has real, serious impact on researchers who choose to do it. And remember, Elsevier has bought up all the papers of anyone who ever published in the journals, even if they are now long dead. Want to research a topic with papers that were published decades ago, before Elsevier owned the journal? You must pay Elsevier's charges, whatever they are.

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
    9. Re: ACS Well Known for Monetizing Information by that+this+is+not+und · · Score: 1

      Keeping a site active for 208 years would involve keeping a computer somewhere powered up and responding for all those years. The DNS registration would be a trivial part of the cost.

    10. Re: ACS Well Known for Monetizing Information by drinkypoo · · Score: 1

      Keeping a site active for 208 years would involve keeping a computer somewhere powered up and responding for all those years. The DNS registration would be a trivial part of the cost.

      It costs me $12/year for web hosting. It costs $15/year for domain registration, given I have privacy enabled. Tell me again how trivial the DNS registration fees are.

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

    These guys should be happy that someone wants to do hosting duty for all these papers, which should definitely be accessible by the public which it impacts.

  7. Good on Sci-Hub by Anonymous Coward · · Score: 0

    Those who monopolize and restrict information only do so in an attempt to control and abuse others. It's good to see that a collective in Russia, a Nation every bit as brutal and fascist as America has pockets of resistance and people who stand to preserve the knowledge for all mankind

    Because the World is about to engage into a full on world ware lie we've never seen, multiple conflicts across multiple theaters and the US being controlled like a puppet by Putin, meaning the Alt-Right WILL beginning open persecution of the Mexicans, Muslims and the Lefties right here in America. And when mass protests erupt and things start looking like they are coming to a head, Martial Law will be declared and many millions of backs will be against the Great Wall of Mexico

  8. PAY UP, YOU IGNORANT BASTARDS by Anonymous Coward · · Score: 0

    If you can take out loans to pay your tuition and buy your books, then you can damn well pay the ACS for their knowledge horde.

    The real question is: Why would any respectable researcher deal with these bandits?

    1. Re:PAY UP, YOU IGNORANT BASTARDS by Applehu+Akbar · · Score: 1

      "...ACS for their knowledge horde"

      I know this wasn't what you meant to say, but that's unwittingly the best way of putting it. The ACS is a knowledge horde, in the same sense as Mongol horde.

  9. Re:Happy Trump Day!!! by Anonymous Coward · · Score: 0

    MAGA!

    Make America Great Again!

  10. Only if their research wasn't publicly funded... by Anonymous Coward · · Score: 0

    This is very intriguing... but I can't find the evidence that the "release" of the information contributed to "degradation" of the research itself... or is this about the monetary compensation for the release?

    Because yeah... the results of science must be pay-walled or recompensated from the public!

    pffft

  11. Not piracy by ChromeAeonium · · Score: 5, Insightful

    I still do not believe what Sci-Hub does is legitimately piracy. Piracy is downloading something you did not pay for. If my tax dollars already paid for the institutional overhead, the scientist's salary, and the grant money, downloading the paper is merely getting what I am owed. Those who monetize science are the real pirates, demanding money for access to that which was created with our tax dollars, charging universities obscene fees for the privilege of allowing their students to read it, and denying scientists and students in poorer countries access to important research.

    I've had issues getting papers from the 50's thanks to this outrageous copyright business...the publishers claim to somehow be of benefit to science, and that Sci-Hub harms science, but tell me, how does that benefit science, and how does allowing me or anyone else harm it?

    Copyright be damned, suing them is like suing a cop who returns stolen property because it cuts into the thief's profits. I'm a scientist, and I say long live Sci-Hub.

    1. Re: Not piracy by Anonymous Coward · · Score: 1

      I used to work in academic libraries. The whole industry is a racket, ripping off taxpayers for information they already paid for. The technology is terrible, 10 years behind what scihub offers. The library industry has become an embarrassment to academia not a resource. Scihub should win the Nobel Peace prize

    2. Re:Not piracy by Anonymous Coward · · Score: 1

      Yer a wizard, Harry!

    3. Re:Not piracy by Anonymous Coward · · Score: 0

      You're not an adult, so hushify, kid.

    4. Re:Not piracy by Anonymous Coward · · Score: 0

      your not a scientist your a theif

      I don't own a "not a scientist" and I don't own a "a theif" whatever that made up word might be.

      Did you mean "you are" as in "you're"? How about "thief"?
      Learn some more English.

      Locking up scientific research like this will only result in more stupid fucks like you that couldn't make a point if someone stabbed you in the eye with it.

    5. Re:Not piracy by Anonymous Coward · · Score: 0

      your not a scientist your a theif

      However Sir/Madam/Other you are at best semi-literate. The correct thing to say (which I do not agree with) is:

      You're not a scientist you're a thief.

    6. Re:Not piracy by Anonymous Coward · · Score: 0

      What about them?

    7. Re:Not piracy by Anonymous Coward · · Score: 2, Interesting

      It isn't.

      At least, for the American research papers. Most of those are produced in part or in whole by academics who are at academic institutions that are funded by the government. Works by the government automatically go into the public domain except for certain, very specific circumstances (e.g. they're born classified). They are typically published along with their claimed academic affiliation and produced as part of their work obligations (professors are expected to do three things: teaching, research, and service, and this is research). Therefore, these are the works of public employees, and by extension government employees, and should be put in the public domain.

      This of course does not get into the gross problems of copyright law in general, including (but far from limited to) the fact that, as-is, it's stealing en masse from the public by choking off the public domain. This is a blatant violation of the spirit of the Constitutional basis for intellectual property, to an extent so gross it that the "stealing" done by copyright infringement is basically chump change, no matter how much they whine about the "thieves," who are in fact legally not thieves of any kind. But research papers, at least those produced by most American academics, are an especially egregious example.

    8. Re:Not piracy by Anonymous Coward · · Score: 0

      You corrected the improper homonym usage, but you left two sentences posing as one.

    9. Re:Not piracy by Anonymous Coward · · Score: 5, Insightful

      your not a scientist your a theif

      Content producers are thieves. They've choked off the public domain by lobbying for the extension of "time limited" protection of their work far beyond the Constitutional provisions in the United States. The intention was that this burden upon the public - and yes, it's a burden on the public, as it was always intended to be a brief abridgment of the right to share information - would be endured for only a relatively brief period so the owner could make a reasonable profit. They have used their money to essentially buy Congress, and it's often been treated as a purchase before (see the response of content producers to the rather massive rejection of SOPA on the part of the American public). This doesn't cover the fact that many of these works are produced by government employees of the US and are, by default, in the public domain.

      Of course, with the use of software EULAs, they're extending copyright in directions far worse than originally specified, and are trying to use it to force the public to do their bidding, essentially attacking the concept of property ownership by proxy. Plus, many of the time-honored whiny laments such as "you wouldn't work for free, would you" are grossly disproven by a lot of things, including the fact that copyright need not be destroyed, merely made short and sane, as well as the fact that there are in fact people who make large amounts of content for free, such as much of the software you use on a day-to-day basis, particularly if you do things on the web.

      So yeah, I'll care about people who "steal" once all these problems are rectified. Your defense is of far larger and more dangerous thieves. I'll assume you've got a vested financial interest or listened to "don't copy that floppy" a few too many times, so I doubt I'll convince you, assuming you read this. But anyone else who's reading this, you might benefit if you consider these possibilities.

    10. Re:Not piracy by Anonymous Coward · · Score: 0

      A million times this.

      It's like someone in the UK pirating Doctor Who! (us Brits paid for it in advance via TV licence!)
      Of course, there is the issue that BBC are allowed to produce DVDs which are NOT covered by the licence.
      So, as you said, grey-area.
      I'm also for BBC allowing payment to access their archived content online. Their regulator won't allow it for fuck knows what reason(s).

    11. Re: Not piracy by Anonymous Coward · · Score: 0

      Because people would want to see it, thus competing with other pay for view services. And we can't have the BBC competing now can we? All other content providers would scream blue murder that a government funded entity was competing against them. The BBC is just there to produce vaguely semi-cultured stuff because otherwise you end up with pretty noise and colour shows for knuckle draggers, such as ITV.

    12. Re:Not piracy by Anonymous Coward · · Score: 0

      What you believe or not is irrelevant. The courts' verdict is the only thing that matters. You will modify your worthless "opinion" to conform to the will of the law. Failure to comply would be... Unwise.

    13. Re:Not piracy by Anonymous Coward · · Score: 0

      You paid for the research to happen. Not access to the finished publications.

    14. Re:Not piracy by cashman73 · · Score: 1
      Content producers are thieves.

      The content producers are not thieves. The content producers are the scientists that publish the research, and their peers that peer review the research articles for free. The thieves are the ones whose job it is to provide the research and make it available to the community -- the "middle men". What they are doing is pretty much the textbook definition of extortion.

    15. Re:Not piracy by cashman73 · · Score: 1
      Works by the government

      There is a difference in works published by a federal government agency itself and works published by a scientist funded by a government grant who works for an institution of higher learning but not an employee of the federal government. Only works produced directly by agencies and employees of the federal government go into the public domain. The vast majority of research is not conducted by federal employees, but contractors (grantees). However, Congress has passed a law requiring work funded by federal grants to be "open access". Open access is not exactly the same thing as public domain.

  12. This discussion has come up on I2P... by Anonymous Coward · · Score: 3, Insightful

    The general consensus was, whether i2p, tor, or another network, this data needs to be mirrored again, but this time it needs to be mirrored outside of a clearnet website, unable to be blocked by domain seizure, ip address blocking, or any other form of traceable legacy platform utilization.

    If you agree, pick a network and start doing your part to mirror content today. Between the limited size of the networks, Windows 10 telemetry, and TrustZone/Management Engine proto-backdoors, who knows how long we will have, but now is the time to make a stand if you believe in freedom of information, limited life of copyright, and the need for society to collectively advance outside of the bounds of greed of the 'chosen few'.

    Rebel today, or the freedom to rebel tomorrow will be taken from you!

    1. Re:This discussion has come up on I2P... by Anonymous Coward · · Score: 0

      Yep. Hop on the torrents. You can find them without a huge hassle if you hunt for a bit. If you start now it'll take about six months at 500kB rates to download the full repo. ;-)

    2. Re:This discussion has come up on I2P... by fafalone · · Score: 1

      People cheer when the FBI breaks Tor to seize a child porn site. We won't cheer when they inevitably use the same abilities and legal precedents to enforce copyright law against Tor sites and users, but it's too late. When we complained about them compromising the whole Tor network, we were informed anyone who doesn't support absolutely any method to stop CP is simply a pedophile themselves.

    3. Re:This discussion has come up on I2P... by Anonymous Coward · · Score: 0

      Why are you on the side of child porn peddlers? The police should investigate.

    4. Re:This discussion has come up on I2P... by GameboyRMH · · Score: 1

      A magnet archive would be much smaller and quite nearly as effective in maintaining access to what's already online.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  13. Eliminate to middleman by Anonymous Coward · · Score: 0

    Scientific research should always be open access. Why does some greedy company think it can make a business around milking academics. Government needs to legislate to shut this scammer down, and ensure continued free access for scientists.

    1. Re: Eliminate to middleman by Anonymous Coward · · Score: 1

      Peer review is useful to filter out some bogus and low quality work. Although some bogus research does get through peer review, it is still worthwhile. There are plenty of predatory open access journals that take liberties with the peer review process if they even do it at all. Requiring papers to be open access won't actually fix things, either. Elsevier and other publishers will just create a really high fee tacked onto the page charges to make a publication open access. Unless the government places hard limits on how much of its grant money can be spent per publication and require that all publications billed to the grants be open access, this will continue.

    2. Re: Eliminate to middleman by rkordmaa · · Score: 1

      Peer review is not really all that useful, to check quality by that process one would have to check quality of the reviewers. The journal however... if you are published in a big name journal that's an indicator and if you choose to publish in no-name journal that is also an indicator of sorts.

    3. Re:Eliminate to middleman by Anonymous Coward · · Score: 0

      Scientific research should always be open access.

      Why, are you paying for it? No? Shut up.

    4. Re: Eliminate to middleman by drinkypoo · · Score: 1

      The journal however... if you are published in a big name journal that's an indicator

      Yes, and if that name is Elsevier then you have proven that you support fraud and don't give a shit about the scientific process.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  14. ACS sucks green donkey dicks by Anonymous Coward · · Score: 0

    For the record, the ACS is a shill for the chemical manufacturers and pharma. They give jack shit for the practicing chemist.

  15. Shall we start a pool? by Applehu+Akbar · · Score: 3, Interesting

    How many researchers are going to drop ACS membership because of this?

    1. Re:Shall we start a pool? by Anonymous Coward · · Score: 0

      How many researchers are going to drop ACS membership because of this?

      Zero. You don't get published in the major player's publications, you don't get recognition. You don't get recognition, you don't get grants for further research. In other words: Get published by the major players, or you're out. This is the world we live in now.

  16. Real solution is no journals at all by mz721 · · Score: 1
    So it's nice that we can get at paywalled stuff for free. But it's not as simple as it seems. What we really need is consortia of research labs, professional societies like the American Physical Society and Universities running the equivalent of a properly peer reviewed layer on top of arXiv and similar sites, removing the need for journals entirely. The current open access universe is so crufted up with crappy open access journals everywhere now, asking a few bucks to put your work on some Indian server or whatever. So it's broken, just as broken as the old subscription model. Need to redesign for 21C distribution channels. Not likely, but...

    A lot of journals allow self-archiving, sometimes of published, sometimes of 'author's last' version. It's an underused mechanism.

    Until then...As for Sci Hub...it's a response to the idiocies of the current system and the amazing costs of the established journals, and it is right that more publicly funded research gets to more people. It is a blunt instrument, though, with drawbacks:

    (1) Not all the research is taxpayer funded. This is a crude instrument. Even if you accept the 'taxpayer funded' argument as a basis for considering this behaviour ethical, if they put out anything that was privately funded, that is still ethically theft.

    (2) The 'it's taxpayer funded' argument is nice, but at least logically, the conclusion is that US taxpayer funded research should be available to US taxpayers, UK to UK taxpayers, etc. The argument is really not logically valid as it stands. You still need to invoke altruism (US funds it and gives to the world). Science needs to be globally available, not just to the country where it was done.

    (3) Giving away other people's stuff is all well and good until you run out of other people's work to publish. Elsevier and and those, yes, they make a lot of money where they really shouldn't. But these papers _are_ peer reviewed through the Elsevier mechanism. So Elsevier _do_ add some value over and above what the scientists and taxpayers provide. Not as much as they charge for it via subscriptions, but some. So until Sci Hub are paying for some of the cost of managing the peer review they _are_ thieves.

    (4) Pragmatism does not make it right. Desirable does not make it right. 'Cos I want it' does not make it right. 'Cos I like free stuff' does not make it right. Just makes it pragmatic and desirable. Buying goods you know to be stolen is still dodgy.

    1. Re:Real solution is no journals at all by hackel · · Score: 1

      Non-publicly-funded research should not even be considered or allowed in academia, unless full rights are granted by its creators. The whole practise needs to be blackballed in the scientific community, and barred from inclusion in any government consideration or testimony as well.

      4. You just sound like a fucking idiot. You probably never download music you haven't paid for, either.

    2. Re: Real solution is no journals at all by KGIII · · Score: 1

      Why? I have paid university students to do research and then hired the ones that stood out.

      You seem to believe that an individual, or company, shouldn't be allowed to do scientific research. I find that concept so bizarre that I'm almost certain that you're trolling, because it would be really difficult to exist while being that stupid.

      --
      "So long and thanks for all the fish."
    3. Re:Real solution is no journals at all by mz721 · · Score: 0
      I have downloaded music I haven't paid for when creators put it up on their websites themselves. Otherwise, no. I'm not a thief. I think there's a bit of ethical relativism going on here. I have done some creative work so I can see the other side of the coin -- namely, expecting people to work for nothing is just greedy. Which is not to say that they can't choose to work for nothing. I've contributed in a small way to some open source stuff and I don't expect pay. I _choose_. But if I spend hours making something, say a creative work like a novel, where the time to write it is time I could be doing something else, time away from my family, time I value, then what right have others got to distribute it without my permission? If I've got a taxpayer fellowship to do the work, then it should be widely available. Mind you, do authors who get arts funding have to give their novels away for free? No! But if I do a work in my own time and at my own expense, I have the right to decide what happens to it, whether I am an individual or a corporation. I might be foolish not to give my permission, but I have the right to be foolish. Theft is theft. Just 'cos it's easy, just 'cos it's from a big corporation, just cos you're online and no one can 'see' you does not make it right. Might be a bit uncomfortable for you to have to think about that, but try. If nobody's looking and it's from a big department store that's making huge profits and 'nobody gets hurt', do you shoplift as well?

      And calling me names 'cos you don't agree with me makes you sound like a child.

      And non-public funded research is a real thing, especially in medicine. Public-private partnerships are a real thing. May not be ideal, but not all bad. Really, no need to be rude. I guess this is what I get for disagreeing with the duckspeaking hive mind. https://en.wikipedia.org/wiki/...

  17. CNN now doxxing private citizens by Anonymous Coward · · Score: 0

    Pierce the corporate veil and prosecute its executives.

  18. ACS has Pyramid Financials by laughingskeptic · · Score: 1

    ACS's financials require continued growth of its revenues. Its billion plus endowment and its half a billion in annual revenues are not growing as fast as its gold-standard retirement plan costs. It is experiencing 2% a year membership decline. It is facing bankruptcy in 20 to 30 years and is institutionally incapable of adapting to having a smaller role in publishing. It is way easier for their executives to file an ineffective lawsuit than it is for them to map out a future for themselves where publishing revenues are a fraction of today's revenues. It has a lot in common with cities that have too many pensioners and shrinking populations.

  19. Backfire by dane23 · · Score: 2

    Thanks American Chemistry Society. I had no idea, until your lawsuit pointed it out, that these sites existed. Time to start browsing through publicly funded research!

    --


    Warning! Keep Out of Eyes! Wash Out with Water! Don't Drink Soap! Dilute! Dilute!
  20. Boycott Time by hackel · · Score: 1

    We need to organize a massive boycott of the ACS, and see chemists and others all across academia cancelling their memberships over this. If this disgusting organization isn't going to support science and scientists, they then can all go fuck themselves.

  21. Re: Mod: remove off topic threads by KGIII · · Score: 1

    Go to Reddit, if you want heavy moderation. You obviously don't understand the culture here, and would be better served elsewhere. It is okay, the culture here isn't for everyone. It is not inclusive. It is not a safe space. It is not heavily moderated, even for off-topic posts.

    If it were those things, most of us would leave. If you want it to be those things, you should leave. That's not pejorative, it is just factual. You will be happier elsewhere.

    --
    "So long and thanks for all the fish."
  22. Re: Mod: remove off topic threads by Anonymous Coward · · Score: 0

    Go to Reddit, if you want heavy moderation. You obviously don't understand the culture here, and would be better served elsewhere. It is okay, the culture here isn't for everyone. It is not inclusive. It is not a safe space. It is not heavily moderated, even for off-topic posts.

    If it were those things, most of us would leave. If you want it to be those things, you should leave. That's not pejorative, it is just factual. You will be happier elsewhere.

    I don't normally make "Me too!" type posts. But I really, really think you deserve a FUCK YEAH! It's nice to see someone articulate the truth in whatever form that may take. Great job.