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US Court Grants ISPs and Search Engine Blockade of Sci-Hub (torrentfreak.com)

Posted by BeauHD on from the decline-of-the-arts-and-sciences dept.

Sci-Hub, a scientific research piracy site home to thousands of research papers, has suffered another blow in a U.S. federal court. According to TorrentFreak, "The American Chemical Society has won a default judgment of $4.8 million for alleged copyright infringement against the site. In addition, the publisher was granted an unprecedented injunction which requires search engines and ISPs to block the platform." This comes after a $15 million fine was imposed on Sci-Hub by a New York federal judge earlier this year. From the report: Just before the weekend, U.S. District Judge Leonie Brinkema issued a final decision which is a clear win for ACS. The publisher was awarded the maximum statutory damages of $4.8 million for 32 infringing works, as well as a permanent injunction. The injunction is not limited to domain name registrars and hosting companies, but expands to search engines, ISPs and hosting companies too, who can be ordered to stop linking to or offering services to Sci-Hub. The injunction means that Internet providers, such as Comcast, can be requested to block users from accessing Sci-Hub. That's a big deal since pirate site blockades are not common in the United States. The same is true for search engine blocking of copyright-infringing sites.

"Ordered that any person or entity in active concert or participation with Defendant Sci-Hub and with notice of the injunction, including any Internet search engines, web hosting and Internet service providers, domain name registrars, and domain name registries, cease facilitating access to any or all domain names and websites through which Sci-Hub engages in unlawful access to, use, reproduction, and distribution of ACS's trademarks or copyrighted works," the injunction reads.

5 of 165 comments (clear)

  1. stupid by Rockoon · · Score: 4, Insightful

    So the only people that cant freely benefit from these U.S. science papers are U.S. citizens.

    --
    "His name was James Damore."
    1. Re:stupid by Frobnicator · · Score: 5, Insightful

      It's more than that. The judge's demand is worthless and is unlawful.

      Honestly the judge should know better. He can write all he wants about "Internet search engines, web hosting and Internet service providers, domain name registrars, and domain name registries" in his court order. But if they were not part of the suit, they cannot be part of the order.

      Of course, the judge can bring them in as new named parties, but by doing so he'll have to face the lawyers from all those companies. His order will need to stand scrutiny and appeals from the legal teams of many of the biggest companies in the world.

      That part of the order should just be ignored for now. It is illegal, and if the court attempts to enforce it, they can find themselves at the wrong end of a bar review for it.

      --
      //TODO: Think of witty sig statement
  2. Re:MMMM initial reaction by oldgraybeard · · Score: 1, Insightful

    Say what you will. The concept of Walled Gardens with Paywalls for research papers is wrong! And if there are options they are crushed by the man!

    This is about the main issue!

  3. Re:MMMM initial reaction by jfdavis668 · · Score: 4, Insightful

    Free speech is the freedom for YOU to speak. It doesn't mean that everyone else has to give you everything they write for free.

  4. Missing the Obvious by Anonymous Coward · · Score: 0, Insightful

    Don't be an asshat that puts your research behind a paywall. Then all the above comments don't have to happen. Thought all the liberal types who ultimately become scientists didn't believe in money in the first place. Or do you just believe in it when it's YOUR money?