A New York federal court has ordered the operators of shadow library LibGen to pay $30 million in copyright infringement damages. The default judgment comes with a broad injunction that affects third-party services including domain registries, browser extensions, CDN providers, IPFS gateways, advertisers, and more. These parties should stop facilitating access to the pirate site.
From: TF, for the latest news on copyright battles, piracy and more.
Library Genesis, often shortened to LibGen, is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment.
In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult. This is partly because the identities of those running it remains unknown.
In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. However, both shadow libraries remained online and continue to operate to this day.
Publishers vs. LibGen
Hoping for a better outcome, textbook publishers Cengage, Bedford, Macmillan Learning, McGraw Hill, and Pearson Education filed a similar copyright infringement lawsuit against LibGen last year. According to the plaintiffs, LibGen is responsible for “staggering” levels of copyright infringement.
The lawsuit was stalled for months because LibGen’s anonymous operators didn’t respond. With no other viable options left, the publishers filed a motion for a default judgment in their favor.
The rightsholders said that LibGen distributes at least 20,000 of their copyrighted works without permission. The site is designed to be user-friendly while remaining resilient to enforcement measures.
For example, LibGen can easily switch domain names if needed and uses censorship-resistant decentralized hosting technologies such as the InterPlanetary File System (IPFS), the publishers said.
Court orders LibGen to pay $30 million
Yesterday, U.S. District Court Judge Colleen McMahon granted the default judgment without any changes. The anonymous LibGen defendants are responsible for willful copyright infringement and their activities should be stopped.
“Plaintiffs have been irreparably harmed as a result of Defendants’ unlawful conduct and will continue to be irreparably harmed should Defendants be allowed to continue operating the Libgen Sites”, the order reads.
The order requires the defendants to pay the maximum statutory damages of $150,000 per work, a total of $30 million, for which they are jointly and severally liable.
$30 million…
While this is a win on paper, it’s unlikely that the publishers will get paid by the LibGen operators, who remain anonymous.
Injunction targets domains, IPFS gateways, and more
To address this concern, the publishers’ motion didn’t merely ask for $30 million in damages, they also demanded a broad injunction.
Granted by the court yesterday, the injunction requires third-party services such as advertising networks, payment processors, hosting providers, CDN services, and IPFS gateways to restrict access to the site.
“…all those in active concert or participation with any of them, who receive actual notice of this Order, are permanently enjoined from…
…Using, hosting, operating, maintaining, registering, or providing any computer server, website, domain name, domain name server, cloud storage service, e-commerce platform, online advertising service, social media platform, proxy service (including reverse and forwarding proxies), website optimization service (including website traffic management), caching service, content delivery network, IPFS or other file sharing network, or donation, payment processing, or other financial service to infringe or to enable, facilitate, permit, assist, solicit, encourage, induce, participate with, or act in concert with the infringement of Plaintiffs’ Copyrighted Works…”
The injunction further targets “browser extensions” and “other tools” that are used to provide direct access to the LibGen Sites. While site blocking by residential Internet providers is mentioned in reference to other countries, ISP blocking is not part of the injunction itself.
Seizing (Future) Domain Names
In addition to the broad measures outlined above, the order further requires domain name registrars and registries to disable or suspend all active LibGen domains, or alternatively, transfer them to the publishers.
This includes Libgen.is, the most used domain name with 16 million monthly visits, as well as Libgen.rs, Libgen.li and many others.
At the moment, it’s unclear how actively managed the LibGen site is, as it has shown signs of decay in recent years. However, when faced with domain seizures, sites typically respond by registering new domains.
The publishers are aware of this risk. Therefore, they asked the court to cover future domain names too. The court signed off on this request, which means that newly registered domain names can be taken over as well; at least in theory.
Should Plaintiffs identify any additional Libgen Sites registered to or operated by any Defendant and used in conjunction with the infringement of Plaintiffs’ Copyrighted Works, the registries and/or the individual registrars of such domain names shall further have the authority pursuant to this Order to transfer such additional domain names to Plaintiffs’ ownership and control or otherwise implement technical measures to ensure the domain names cannot be used by Defendants or to operate Libgen as described immediately above.
All in all, the default judgment isn’t just a monetary win, on paper, it’s also one of the broadest anti-piracy injunctions we’ve seen from a U.S. court.
The paperwork is still fresh, so it remains to be seen how third-party services will respond to it. Some foreign companies, in particular, may be more hesitant to comply with U.S. court orders, for example.
At the time of writing, all LibGen domains mentioned by the publishers remain online.
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A copy of the default judgment including the injunctive relief, as signed by U.S. District Court Judge Colleen McMahon, is available here (pdf)..
A list of all domain names mentioned by the publishers in March, with the associated details, can be found below.
Libgen Site(s) |
Registry |
Host |
libgen.is |
Sarek Oy |
Internet Iceland Ltd. / Epinatura LLC |
libgen.rs |
Webglobe d.o.o. |
1337 Services LLC / Epinatura LLC |
libgen.su |
Masterhost |
Serbian National Internet Domain Registry / Masterhost |
libgen.st |
Sarek |
Tecnisys / Epinatura LLC |
jlibgen.tk |
BV Dot TK |
Telecommunication Tokelau Corporation / n/a |
library.lol |
Tucows, Inc. |
XYZ.COM LLC / Epinatura LLC |
libgen.re |
NETIM |
Association Française pour le Nommage Internet en Coopération / Cloudflare |
cdn1.booksdl.org |
Tucows, Inc. |
Public Interest Registry / IP Volume Inc |
llhlf.com |
Alibaba Cloud |
VeriSign, Inc. / Cloudflare |
libgen.ee |
NETIM |
Eesti Interneti Sihtasutus (EIS) / Alibaba |
libgen.rocks |
Tucows, Inc. |
Identity Digital Inc. / Cloudflare |
libgen.space |
Namecheap Inc. |
Radix FZC / Cloudflare |
libgen.gs |
EPAG Domainservices |
Government of South Georgia and South Sandwich Islands / Cloudflare |
libgen.li |
Sarek Oy |
Swiss Education & Research Network / Cloudflare |
libgen.lc |
EPAG Domainservices |
University of Puerto Rico / Cogent Communications |
libgen.pm |
Sarek Oy |
Association Française pour le Nommage Internet en Coopération / Cloudflare |
libgen.vg |
Sarek Oy |
Telecommunications Regulatory Commission of the Virgin Islands / Cloudflare |
libgen.click |
Tucows, Inc. |
Internet Naming Co. / n/a |
libgen.fun |
Namecheap Inc. |
Radix / FZC Data Room |
From: TF, for the latest news on copyright battles, piracy and more.
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