A High Court judge says that nineteen scientists and three scientific and medical organizations will have their intervention applications heard before any decision is handed down in the ongoing Sci-Hub blocking case. Filed by several publishers, the lawsuit seeks ISP blocking of the platform in India. Justice JR Midha notes that the case addresses an “issue of public importance.”
From: TF, for the latest news on copyright battles, piracy and more.
On December 21, 2020, academic publishers Elsevier, Wiley, and American Chemical Society filed a lawsuit demanding that Indian ISPs block access to Sci-Hub and Libgen.
The companies accuse the platforms of engaging in large-scale copyright infringement and note that preventing citizens of India from accessing the platforms is the only real option available to prevent their rights from being further abused.
In similar blocking applications, there has been relatively little difficulty in getting the court onside. All have targeted torrent and streaming sites offering movies, TV shows, and similar content without permission. However, while the case against Sci-Hub and Libgen is materially similar, there are additional factors that make the case more complex.
Protests By Scientists, Academics, Teachers and Students
As reported this week, scientists, academics, teachers and students have been applying pressure to have their voices heard in the case. According to them, any blocking of Sci-Hub and Libgen would amount to a denial of access to information crucial to the wellbeing of not only the scientific and research communities but also of India as a whole.
During a hearing yesterday at the Delhi High Court, the publishers hoped to obtain an order to have the platforms and their many domains blocked. However, the presiding judge listened to the calls of the scientific community and agreed that a delay to allow more detailed consideration would be appropriate in this case.
“It is an issue of public importance. It’s very important to the scientific community,” said Justice JR Midha.
Representations of Scientific Community Will Be Heard
The Court’s decision to delay the hearing for around six weeks came following intervention applications filed by nineteen scientists, including a virologist and several physicists specializing in multiple research areas, plus the Delhi Science Forum and Knowledge Commons.
Arguing that open access to scientific research is absolutely vital for the advancement of scientific knowledge, the scientists believe that the publishers are making excessive profits while effectively restricting access only to the “elite institutions” that can afford their prices.
“Unfortunately, scientific publication is controlled by an oligopoly of publishers who charge exorbitant fees and practice anti-competitive business models that seriously hamper the ability of the scientific community to access and share research,” they write.
According to Bar and Bench, Senior Advocate Amit Sibal appeared for the publishing houses and Senior Advocate Gopal Sankaranarayanan appeared for Sci-Hub. The scientists were represented by Advocate Jawahar Raja and Advocate Rohit Sharma appeared for Delhi Science Forum.
After consideration, the Court rejected pleas for the sites to blocked immediately and instead ordered pleadings to be completed within the next six weeks.
According to SpicyIP, Sci-Hub received a two-week extension to fulfill its procedural obligations and was granted permission to file an application for exemption from formal compliances. This is due to the unusual nature of the case and Sci-Hub founder Alexandra Elbakyan currently living in Russia.
Interestingly, the publication further notes that while there is an arrangement to prevent any of the publishers’ content from appearing on Sci-Hub while the matter is under consideration, a request to have this ‘ban’ extended to Libgen was rejected by the Court. Libgen is reportedly yet to be properly served by the publishers, excluding it from the interim direction.
The case will now be heard on February 23, 2021 (link to order here)
From: TF, for the latest news on copyright battles, piracy and more.
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