IP Cultists Achieve Hollow Victory (American Chemical Society vs. Sci-Hub)

Latest legal defeat unlikely to scuttle Sci-Hub by Rebecca Trager.

From the post:

A US court has handed a $4.8 million (£3.7 million) legal victory to the American Chemical Society (ACS), ordering Sci-Hub, which provides illegal access to millions of scientific papers, to be shut down for copyright and trademark infringement. But this is unlikely to be the end of the story.

The court granted the ACS a permanent injunction against Sci-Hub and its affiliates, and gave the organisation the right to potentially demand that internet search engines stop delivering Sci-Hub content in their search results. Representatives of Sci-Hub, including founder Alexandra Elbakyan who operates the site out of Russia, did not attend the court proceedings.

The ACS filed its lawsuit in June, right after another US court had awarded publishing giant Elsevier $15 million in damages from Sci-Hub, the Library of Genesis and similar sites.

The filed its lawsuitACS called the latest development ‘a victory for copyright law and the entire publishing enterprise’. The organisation said it was clear from the outset that Sci-Hub has pirated copyrighted and trademarked content on a massive scale, and that the group’s decision to not attend the court proceedings indicates that its position was indefensible.

President Trump’s speech writer must be moon-lighting.

The American Chemical Society files a lawsuit after Elsevier had won, the defendant doesn’t appear in court (it’s called a default judgment), and it recovers a judgment for less than 1/3 of what was awarded to Elsevier.

That’s ‘a victory for copyright law and the entire publishing enterprise’.

Really?

Sounds more like the American Chemical Society wasted money on somebody’s cousin who was a lawyer. A lawyer that with the defendant not showing up, worked really hard and got 2/3 less than Elsevier.

Oh, I do have a correction to offer for Trager’s post:

ACS is a global leader in providing access to chemistry-related information and research through its multiple databases, peer-reviewed journals and scientific conferences.

Should read:

ACS is a global leader in denying access to chemistry-related information and research found in its multiple databases, peer-reviewed journals and scientific conferences.

Why that is consistent with its mission and obligations to the scientific community, well, you need to address those questions to the American Chemical Society.

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