“Sci-Hub, often referred to as the “Pirate Bay of Science,” has suffered another blow in a US federal court. 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.”
“Access to the Text of the Law Advances Practical Interests of Vital National Importance….Access to the Text of the Law Is a Fundamental Right and Important National Interest, Superior to Private Copyrights….The Standards Organizations Need Not Depend on Copyright Royalties, and Can Be Fully Compensated by Other Means….Multiple Doctrines Involved in This Case Can Account for a Fundamental Right of Access to the Text of the Law….”
“Restricting access to the law potentially violates due process and is antithetical to democratic governance….Even if this court were to find that law may be subject to copyright, publication of the law would be an inherently fair use….”
from Google tranlate: “The Administrative Court in Mannheim is concerned on Tuesday with a complaint by professors of the University of Konstanz. The question is whether and when research should be made available free of charge.”
“Sci-Hub, a widely-used website that provides access to pirated academic articles, is facing legal challenges from two major publishers—Elsevier and the American Chemical Society (ACS). The site, which was established by former neuroscientist Alexandra Elbakyan in 2011 and is operated out of Russia, hosts millions of scientific documents and has users all around the globe.”
Abstract: This article considers the dynamic evolution of copyright exceptions and limitations in the United States in light of new technological developments. There has been significant legal debate in the courts and in the United States Congress in respect of the scope of the defence of fair use. The copyright litigation over Google Books has been a landmark development in the modern history of copyright law. The victory by Google Inc. over The Authors Guild in the decade long copyright dispute is an important milestone on copyright law. The ruling of Leval J emphasizes the defence of fair use in the United States plays a critical role in promoting transformative creativity, freedom of speech, and innovation. The Supreme Court of the United States was decisive in its rejection of The Authors Guild’s efforts to challenge the decision of Leval J. There has been significant debate in the United States Copyright Office and United States Congress over the development of ‘the Next Great Copyright Act’. Hearings have taken place within the United States Congressional system about the history, nature, and future of the defence of fair use under United States copyright law. There remains much debate about the internationalisation of the defence of fair use, and the need for the trading partners of the United States to enjoy similar flexibilities in respect of copyright exceptions. There has been concern about the impact of mega-regional trade agreements – such as the Trans-Pacific Partnership – upon copyright exceptions – such as the defence of fair use.
From Google’s English: “Publisher Elsevier shall abide by the decision of the Appeals Committee to publish the open access contracts with Dutch universities. This means that the international negotiations now take place in more openness.
Recently did the appeals board decision in the case between publishers Elsevier and Springer against the Dutch universities. The subscription contracts, including the open access point should be made public . The publishers had six weeks to go against this appeal, but for now Elsevier chooses to leave it at that….”