so everyone knows that sci-hub is being sued in India such that if they win they might be able to operate legally, but if they lose a huge number of scientists and academics in India wouldn't be able to access papers? Any senior ppl planning to write amicus briefs by the 16th?
Another that interviews the lawyers that stepped up to defend Alexandria Elbakyan that gives more context for the use of Sci-Hub in India
https://news.careers360.com/sci-hub-scihub-libgen-alexandra-elbakyan-lawsuit-india-delhi-high-court-du-sol-delhi-university-iiser-jnu-mit-iit-science-research-elsevier
A case that is referred to as precedent repeatedly is this one, where a print shop was allowed to reproduce copyrighted textbooks & shows how IP is seen differently in the case of education and research https://spicyip.com/resources-links/du-photocopy-case
and another that shows how public interest is handled -- that reproducing something for research and study is fair use, including weighing the public role and monopoly status of the IP-holder which certainly doesn't happen in the US https://indiankanoon.org/doc/134584/
There has been an injunction against uploading any new papers since last winter, but I hope nobody missed when she & her lawyers took advantage of sloppily written language to upload 2 million papers in september
https://twitter.com/ringo_ring/status/1434356217208623106?s=20
IANAL but this is so sick. They said they'd stop uploading papers "till the next date of hearing," and then they had a hearing to extend the date of the trial but didn't explicitly extend the injunction, so it expired.
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=166691&yr=2021
the judge was not amused
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=168568&yr=2021
the next hearing is scheduled for November 16th, if you are one of those folks that have power and fancy that you played the game to use it for good, this might be one time.
@jonny I am wondering if we may eventually attack these publishers with lawsuits, try and force countries they operate in to nationalise them or lift copyrights.
here's a summary from a Law student at Gujarat National Law University. India's IP laws are different than the US, they give a lot more protection to reproducing materials in the public good, particularly for private research consumption
https://lexjuralaw.wordpress.com/2021/04/01/copyright-disobedience-elsevier-ltd-vs-alexandra-elbakyan/#_ftn4