Thursday, January 7, 2021

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Judge: Sci-Hub Blocking Case "Important" For Science, Community Representations Will Be Heard
Andy Maxwell, 07 Jan 07:42 PM

Sci-HubOn December 21, 2020, academic publishers Elsevier, Wiley, and American Chemical Society filed a lawsuit demanding that Indian ISPs block access to Sci-Hub and Libgen.

The companies accuse the platforms of engaging in large-scale copyright infringement and note that preventing citizens of India from accessing the platforms is the only real option available to prevent their rights from being further abused.

In similar blocking applications, there has been relatively little difficulty in getting the court onside. All have targeted torrent and streaming sites offering movies, TV shows, and similar content without permission. However, while the case against Sci-Hub and Libgen is materially similar, there are additional factors that make the case more complex.

Protests By Scientists, Academics, Teachers and Students

As reported this week, scientists, academics, teachers and students have been applying pressure to have their voices heard in the case. According to them, any blocking of Sci-Hub and Libgen would amount to a denial of access to information crucial to the wellbeing of not only the scientific and research communities but also of India as a whole.

During a hearing yesterday at the Delhi High Court, the publishers hoped to obtain an order to have the platforms and their many domains blocked. However, the presiding judge listened to the calls of the scientific community and agreed that a delay to allow more detailed consideration would be appropriate in this case.

"It is an issue of public importance. It's very important to the scientific community," said Justice JR Midha.

Representations of Scientific Community Will Be Heard

The Court's decision to delay the hearing for around six weeks came following intervention applications filed by nineteen scientists, including a virologist and several physicists specializing in multiple research areas, plus the Delhi Science Forum and Knowledge Commons.

Arguing that open access to scientific research is absolutely vital for the advancement of scientific knowledge, the scientists believe that the publishers are making excessive profits while effectively restricting access only to the "elite institutions" that can afford their prices.

"Unfortunately, scientific publication is controlled by an oligopoly of publishers who charge exorbitant fees and practice anti-competitive business models that seriously hamper the ability of the scientific community to access and share research," they write.

According to Bar and Bench, Senior Advocate Amit Sibal appeared for the publishing houses and Senior Advocate Gopal Sankaranarayanan appeared for Sci-Hub. The scientists were represented by Advocate Jawahar Raja and Advocate Rohit Sharma appeared for Delhi Science Forum.

After consideration, the Court rejected pleas for the sites to blocked immediately and instead ordered pleadings to be completed within the next six weeks.

According to SpicyIP, Sci-Hub received a two-week extension to fulfill its procedural obligations and was granted permission to file an application for exemption from formal compliances. This is due to the unusual nature of the case and Sci-Hub founder Alexandra Elbakyan currently living in Russia.

Interestingly, the publication further notes that while there is an arrangement to prevent any of the publishers' content from appearing on Sci-Hub while the matter is under consideration, a request to have this 'ban' extended to Libgen was rejected by the Court. Libgen is reportedly yet to be properly served by the publishers, excluding it from the interim direction.

The case will now be heard on February 23, 2021 (link to order here)

From: TF, for the latest news on copyright battles, piracy and more.

Rights Alliance Declares Victory in Its War On Danish Pirate Sites
Ernesto Van der Sar, 07 Jan 12:47 PM

denmark flagPrivate torrent sites with Danish roots have long been the go-to place for file-sharers in Denmark, but that changed rapidly in recent weeks.

After a series of enforcement actions and legal threats, 'all' local trackers are gone.

Arrests

The trouble started in October last year when DanishBits suddenly went offline. At the time, several sources informed us that the owner had been arrested and these claims were later confirmed by the police.

Acting on a complaint from local piracy group Rights Alliance, the State Prosecutor for Serious Economic Crime (SØIK) arrested a 33-year-old Danish man in Morocco. And that wasn't the only site that was targeted.

Law enforcement also went after the private tracker Nordicbits. The authorities identified a 69-year-old Danish man as the operator. The man, who resided in Spain, was apprehended by local police in September and passed away a few weeks later as the result of an illness.

Other Sites Tooks Over

The shutdown of these sites was a major blow to the local piracy ecosystem but it didn't take long before other sites stepped up. Both Asgaard and ShareUniversity opened their doors to new members, resulting in an explosive growth of these sites.

This is a common pattern that we have seen over and over again. This time, however, the replacements didn't last.

Rights Alliance increased the pressure on the remaining trackers, urging them to give up their illegal activities. If not, they would get the same treatment as DanishBits and NordicBits. This looming threat of legal action ultimately proved too much. A few weeks ago we reported that Asgaard had decided to shut down voluntarily.

"The thought of having to risk the doorbell ringing one day for a visit from the police overshadows the coziness of running this project. We will not expose you to that. Or ourselves. We have therefore chosen to close the ASGAARD project," Asgaard's staff said.

'All' Sites Shut Down

Soon after, ShareUniversity decided to throw in the towel as well. This means that all popular Danish trackers are effectively offline, leaving tens of thousands of users 'homeless'.

denmark

Rights Alliance confirms that the shutdown of the last illegal Danish pirate services is a massive victory. Director Maria Fredenslund is delighted with the outcome, which the group has worked on for many years.

Result of 10 Years of Work

"We have worked hard to get rid of illegal services rooted in Denmark. It is the fruit of more than 10 years of dedicated work, that it is now a reality that for the first time there are no Danish illegal services, which is a huge victory for the Danish rights holders," she says.

"Meanwhile, we are of course aware that new smaller pirate services may emerge on an ongoing basis, which will try to find a foothold. But it is our clear expectation that with these latest developments, we have drawn a line under the Danish-anchored illegal services," Fredenslund adds.

Declaring victory on pirates is always tricky, as some may see it as a challenge to start something new. However, such an endeavor won't be without risk.

Remaining Vigilant

Rights Alliance is aware of this, and it knows that estranged pirates can find their way to foreign sites as well. However, it hopes that their efforts will have made a sizeable impact on the long-term piracy rate.

Meanwhile, the group is encouraging the Government's SØIK's IP-Task Force to keep up the pressure. Now that Danish sites are gone, law enforcement has the room to focus more on users.

"It is extremely important that the Task Force continues its good work, and now focuses on the committed users who are constantly looking for new ways to share illegal content," Fredenslund says.

"The Task Force has already proved to be extremely effective and impactful in closing down the illegal services, and we can see from the various platforms that it resonates with the users," she adds.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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