The Delhi High Court has ordered authorities to block access to so-called online shadow libraries Sci-Hub, Sci-Net and their mirror domains, in a copyright infringement case, Live Law reported.
In its “about” section, Sci-Hub describes itself as the “most controversial project in modern science”, claiming that the platform’s goal is to “provide free and unrestricted access to all scientific knowledge”.
In its order on Tuesday, the court directed the Union information technology ministry and the Department of Telecommunications to instruct internet and telecom service providers to issue blocking orders within 72 hours.
In 2020, major academic publishers including Elsevier, Wiley (along with its Indian subsidiary) and the American Chemical Society approached the High Court against Sci-Hub and similar platforms.
The websites “completely disregard copyright laws”, the publishers had contended in their petition.
They also have alleged that Sci-Hub’s motivations were not to facilitate “research, study, instruction or education” but to “freeload on the hard work, skill and labour” of the publishers and their authors.
During the first hearing, the High Court had in 2020 barred Sci-Hub and similar platforms from uploading new content copyrighted by the publishers until further notice, The Hindu reported.
However, an investigation found that articles published in 2022 were available on Sci-Hub and another platform Sci-Net, which was viewed as a violation of the 2020 court order.
In response, Sci-Hub founder Alexandra Elbakyan claimed the violation was due to a technical error. Elbakyan also said that Sci-Net was a separate entity from Sci-Hub, arguing that the 2020 undertaking did not apply to it.
Justice Manmeet Pritam Singh Arora observed that Elbakyan had knowingly breached her earlier undertaking submitted to the court and noted that she had neither taken part in the recent proceedings nor given instructions to her legal counsel, Live Law reported.
The court held that her actions amounted to a “wilful disregard” for its orders and ruled that blocking access to the sites was a necessary and proportionate response to prevent further violations.
The matter will be heard next on December 1.
Also read:
- Why Indian researchers oppose efforts to have a pirate website banned
- Sci-Hub case: What India should do to ensure that academic journals are available at fair prices
- The black market in academic papers – and why it’s spooking publishers
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