Friday, September 24, 2021

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ResearchGate Removes 200,000 'Infringing' Files After Takedown Tidal Wave
Ernesto Van der Sar, 24 Sep 10:47 PM

One of the core pillars of academic research is sharing. By letting other researchers know what you do, ideas are criticized, improved upon, and extended.

Unfortunately, it's not always easy for academics to share their work. Most of the top publications are monetized by major publishers, which means that they are locked behind a paywall.

To make their work easier to access, many researchers place copies of their work on their personal profiles, often hosted by their university. There are also more organized ways to share research, by using ResearchGate for example.

ResearchGate

Based in Germany, ResearchGate promotes itself as a professional network for scientists and researchers. The site claims 20 million members, who use the platform to "share, discover, and discuss research."

In addition to simply connecting to other academics, the site also allows members to share 'their' publications. While many see this as a great feature, some academic publishers are not pleased with this activity.

Researchers often share articles they have written themselves but they don't necessarily own the rights. This is because most of the top publications ask the authors to sign away all of their copyrights if they want their papers to be published.

Take Down 200,000 Files

This is also true for Elsevier and the American Chemical Society (ACS), which overloaded ResearchGate with takedown requests recently. The site is certainly not a newcomer when it comes to copyright infringement complaints but the scope of the most recent takedown wave is something different.

"[T]he demands by Elsevier and ACS resulted in the removal of around 200,000 public files. In the context of a community of over 20 million researchers this is unfortunate, rather than existential, but it has sparked an acute reaction from many of our members who believe in the importance of open science," ResearchGate writes.

The platform's ultimate mission is to make research "open to all." Therefore, ResearchGate is disappointed to see all of this knowledge being removed from the site. However, it saw no other option than to comply.

ResearchGate Seeks Cooperation

The publishers will have the law on their site in most cases. However, ResearchGate doesn't believe that the takedowns are in the best interest of science. It would have preferred to cooperate instead.

"The decision by Elsevier and ACS to simply remove content is disappointing to the entire research community, not just because of the loss to science and researchers, but because there is a better way."

ResearchGate has already partnered with other publishers such as Springer Nature and Wiley, who use the site's network to reach a broader audience. These companies publish their content on the platform as part of a syndication agreement.

Many academics and researchers are disappointed that their work has been removed over copyright claims and some are plain angry. However, ResearchGate's hands are tied.

Questionable Takedowns?

Interestingly, the platform also heard from researchers who had content removed that should have remained online. Because the rights were already bought out, for example, or when files are in the public domain.

Some researchers even said that they never transferred their copyrights to the publishers, which would mean that they have no say over the matter. ResearchGate can't independently verify these claims but the organization sees them as a serious concern.

The present legal environment forces ResearchGate to simply take content offline. And enforcement is only expected to get stricter, as the platform is implementing an upload filter system, to prevent researchers from sharing content they don't own the rights to. This can include their own publications.

In closing, ResearchGate urges its users not to upload content without permission or in violation of licensing terms. At the same time, the platform hopes that publishers will recognize the potential of the site and seek collaboration where possible.

"To all publishers: the future of academic publishing is open. Let's work together to unlock its true potential," ResearchGate writes.

This isn't the first time that ResearchGate has squared off with major publishers. The company was also sued by Elsevier and ACS three years ago and this case remains ongoing. It's possible that the recent takedown spree is, at least indirectly, linked to that lawsuit.

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

Several 'SportsBay' Pirate Streaming Sites Go Dark In Wake of US Lawsuit
Andy Maxwell, 24 Sep 09:29 AM

Pirate KeyMost pirate IPTV services online today operate by accessing official broadcasts and streams, capturing them with dedicated equipment, and then restreaming video to the public from dedicated servers.

However, a US lawsuit filed late July shows that's not the only way.

DISH Sues 'SportsBay' Sites

In an interesting complaint filed in a Texas court, DISH claimed that four sites doing business as SportsBay.org, SportsBay.tv, Live-NBA.stream, and Freefeds.com were offering sports broadcasts including the Olympics, NBA matches, NFL games, cricket and motorsports, we obtaining its content using a different method.

According to DISH, the SportsBay site operators are able to circumvent the DRM technologies deployed by subsidiary Sling TV's streaming system in order to provide their users with Sling programming, directly from Sling's servers, for free.

sportsbay channels

DISH went into some detail on how the operation works while alleging willful violations of the DMCA's anti-circumvention provisions for which it deserves compensation.

DISH Requests Subpoenas To Identify Defendants

A few days after the complaint was filed, DISH informed the court that the defendants use many third-party service providers to promote, manage, and operate their SportsBay sites. These include domain registrar Namecheap and WhoisGuard, Tucows, Cloudflare, Digital Ocean, Google, Facebook and Twitter.

Since the identities of the SportsBay sites' operators are unknown to DISH, the company asked permission to subpoena these companies to find out their true identities.

"These service providers are expected to have information that identifies the Defendants — those responsible for operating the Sportsbay Websites, circumventing and providing technologies and services that circumvent the security measures employed by Sling and provide DISH's copyrighted television programming to Sportsbay users without authorization — and are thus the intended recipients of Plaintiffs' subpoenas," DISH told the court.

Court Grants Expedited Discovery

In an order handed down earlier this month, Judge Charles Eskridge at the District Court for the Southern District of Texas granted DISH's request to serve subpoenas on the third-party service providers to obtain the identities of the SportsBay sites' operators. The order also allowed DISH to serve subpoenas on other providers not listed in its earlier discovery motion.

SportsBay

According to a status report filed this week, DISH reports that it filed seven subpoenas to the defendants' service providers in early September, seeking relevant documents that identify the SportsBay operators. At the time of writing, 'most' of the third-party companies have yet to respond to the DISH subpoenas.

This means that DISH still doesn't know the defendants' names, they have necessarily not been served, and none have responded to the lawsuit filed in the summer. At this stage DISH hopes to be able to amend its complaint with real names shortly but will probably need to file a request for an extension of time in order to properly serve the defendants.

In the meantime, however, the SportsBay sites have disappeared.

All Four Sites Go Dark, Millions of Users High and Dry

It's unclear whether the downtime at all four of the 'SportsBay' platforms is directly linked to the DISH lawsuit but it's certainly possible that the serving of the DISH subpoenas has caused some level of concern at the pirate sites.

sportsbay-gone

There may also be some kind of unexpected technical issue but that seems less likely since other sites that appear to be using the same underlying infrastructure appear to be operating normally.

In any event, the sudden disappearance means that huge numbers of SportsBay users are now faced with the prospect of finding an alternative. There's certainly no shortage of replacements but with around nine million monthly visits, it's safe to say that some disruption may be felt in live sports streaming, at least for a short while.

DISH's motion for discovery, the court's order, and DISH's status report can be found here (1,2,3) pdf

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

 
 
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