Sci-Hub Case : Founder Elbakyan Takes ‘Fair Dealing’ Defence; Says Academic Journals Exploitative

“Online repository of science articles, Sci-hub, has taken the defence of ‘Fair dealing’ before the Delhi High Court in a suit for injunction filed by publishing houses Elsevier Ltd, Wiley India Pvt. Ltd., and American Chemical Society over alleged copyright infringement. The website’s founder, Alexandra Elbakyan has submitted that the platform is engaged in providing free access to research publications and scientific material, for the benefit of the students and researchers and the consequent benefit of the public….

Thus, it is claimed that the suit is barred by Section 52(1)(a)(i) of the Copyright Act. The provision provides that ‘Private use including research’ of a literary, dramatic, musical or artistic work amounts to fair dealing and shall not constitute an infringement of copyright….”

Sci-Hub Case : Founder Elbakyan Takes ‘Fair Dealing’ Defence; Says Academic Journals Exploitative

“Online repository of science articles, Sci-hub, has taken the defence of ‘Fair dealing’ before the Delhi High Court in a suit for injunction filed by publishing houses Elsevier Ltd, Wiley India Pvt. Ltd., and American Chemical Society over alleged copyright infringement. The website’s founder, Alexandra Elbakyan has submitted that the platform is engaged in providing free access to research publications and scientific material, for the benefit of the students and researchers and the consequent benefit of the public….

Thus, it is claimed that the suit is barred by Section 52(1)(a)(i) of the Copyright Act. The provision provides that ‘Private use including research’ of a literary, dramatic, musical or artistic work amounts to fair dealing and shall not constitute an infringement of copyright….”

Science Policy, Competition and Profits

How much India is spending on journal subscriptions? how difficult is it for Indians to access publicly funded research? A nationwide subscription proposal comes with a lot of financial and moral baggage. 

‘One nation one subscription’ is an elusive goal:

“Muthu Madhan is a long-time crusader for open access (OA) to scholarly literature in India. He has been promoting OA through interoperable institutional repositories – the green route for OA. He has spoken about the importance of OA in different forums, and written articles in popular journals. At present, he is working as Librarian of Azim Premji University. In this interview with Santosh C. Hulagabali, for Open Interview, Madhan shares his observation on OA developments in India and elsewhere. Also, he talks on different issues related to OA. From this conversation, one might trace the important events that gave impetus to OA discussions in India and elsewhere, and the people who inspired Madhan….”

‘One nation one subscription’ is an elusive goal:

“Muthu Madhan is a long-time crusader for open access (OA) to scholarly literature in India. He has been promoting OA through interoperable institutional repositories – the green route for OA. He has spoken about the importance of OA in different forums, and written articles in popular journals. At present, he is working as Librarian of Azim Premji University. In this interview with Santosh C. Hulagabali, for Open Interview, Madhan shares his observation on OA developments in India and elsewhere. Also, he talks on different issues related to OA. From this conversation, one might trace the important events that gave impetus to OA discussions in India and elsewhere, and the people who inspired Madhan….”

Assault on open access to science in India

“It was only a matter of time before the leading publishers of academic and scientific research turned their attention to India after their blocking the easy flow of knowledge in several Western countries. Now the big boys of scientific publishing, Elsevier, Wiley and American Chemical Society, have launched a similar case in the Delhi High Court asking internet service providers to block Sci-Hub and Libgen (Library Genesis) websites in India….”

Let it flow: COVID-19 pandemic underscores need to share research; but how will it work

“In a way, options such as Plan S and the nation-wide subscription policy [proposed in India] worsen inequal ities between scholars from developing and developed countries and between researchers from rich and poor universities. Clearly, better models are needed to ensure open access to research.”

 

Sci-Hub & Libgen Face ISP Blocking in India After Publishers File High Court Complaint * TorrentFreak

“A legal campaign by academic and scientific publishers to prevent Internet users from accessing Sci-Hub and Libgen has expanded to India. In a complaint filed at the High Court in Delhi, Elsevier, Wiley, and American Chemical Society, are demanding that local ISPs should block the sites to prevent copyright infringement.”

Sci-Hub Founder Criticises Sudden Twitter Ban Over Over “Counterfeit” Content * TorrentFreak

“Twitter has suspended the account of Sci-Hub, a site that offers a free gateway to paywalled research. The site is accused of violating the counterfeit policy of the social media platform. However, founder Alexandra Elbakyan believes that this is an effort to silence the growing support amidst a high profile court case in India.”

‘Make Knowledge Free, Not Private Property’ – Online All India Convention

“The recent lawsuit filed in the Delhi High Court by the publishers Elsevier, Wiley, and American Chemical Society against Sci-hub and LibGen for copyright infringement has brought to the fore the debate between legality and ethicality of limiting access to knowledge. This discussion will address key concerns.”