Indian academics throw weight behind Sci-Hub and LibGen in landmark case
trtworld.com
trtworld.com
> Bapat, of Internet Freedom, says India’s copyright law is more progressive than many developed countries. “By that I mean that there's a research exception provided under the copyright act. It means that if you are using copyright material for research then it would not constitute infringement.”
And sure enough:
> 52. Certain acts not to be infringement of copyright. — [...] (i) private or personal use, including research [1]
I guess this is tangential to "fair use" exceptions under US copyright lawas.
2[39. Acts not infringing broadcast reproduction right or performer’s right.— No broadcast reproduction right or performer's right shall be deemed to be infringed by— (a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research;
Some Elsevier, Wiley, Springer and ACS lobbyists and counsels would lose their income.
> Concerning the argument that there cannot be an intermediary when use of copyrighted material post reproduction takes place in the course of instruction... The argument concerning use of an agency is thus irrelevant.
https://web.archive.org/web/20190530065215/http://lobis.nic....
https://en.wikipedia.org/wiki/Karmarkar%27s_algorithm
The patent, linked from above: https://patents.google.com/patent/US4744028
(Unless your comment was about software patents in general, and not India's patent law specifically.)
"In India, the software is not directly patented but it can be granted patent if it is attached with novel hardware, an invention that is unique and capable of industrial use."
So patenting a pure algo or data-structure will face legal hurdles.
Most countries require some physical component or effect, but the rules are often not easy to be sure of.
Brazil and other Latin American countries have many provisions protecting freedom for private use, teaching and research purposes.
For a developing country signing up to an IP system under which most of the important IP assets are foreign... I find it hard to see an argument.
One common ways developing countries use to build their industrial know how and capacity is to get a foreign company to create a development in it. A factory, manufacturing center, or R&D site. Companies are much more reluctant to do so, if the host country is not willing to protect their IP.
-- Ha-Joon Chang, Kicking Away the Ladder: Development Strategy in Historical Perspective
hollywood was a place for the film industry to build not just for the sunny weather but because they were far away from edison’s patent lawyers
and of course we all know how america handed intellectual property to china without any hope of enforcing IP, they seem to have developed quite rapidly
but i grant you USA and China may be exceptions, but stealing IP looks very profitable to me
https://news.ycombinator.com/item?id=28330810
If anyone knows even more, it would be greatly appreciated.
My country once banned imports so that national industry would be forced to develop. The Lua programming language exists because of this policy. Also, plenty of companies would either license or reverse engineer and clone foreign products. Now my country is some kind of globalist hell. It's painful to see in legal doctrine ideas straight out of WHO, IMF, UN, etc.
It's so disgusting it makes me wish China success despite their repressive state. They have an amazing strategy: entice the west to hand over intellectual property on silver platter, develop industry, get rich and then, who knows? We'll have to watch to see what their end game is.
Doesn't that mean that most forms of piracy should be legal in India? That is, torrenting movies or music, etc.?
Ofcourse, in this case (SciHub), I am guessing the argument would be that copyrighting research material (science / knowledge) is itself absurd and detrimental to society, and that should trump the interests of the copyright holder.
In developed countries, each update to copyright makes it more restrictive, not less. So maybe the right word isn't progressive, but regressive.
I'm stating the obvious here: the only people who like copyright laws are the 1% who profit from them. The rest of the 99% get to suffer.
Copyrights (other than the right of attribution and such) are essentially a conspiracy of publishers' cartels, going back to 17th century British law:
"An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Books and Pamphlets and for regulating of Printing and Printing Presses". https://en.wikipedia.org/wiki/Licensing_of_the_Press_Act_166...
followed by the statute of Anne etc.
Even if everything else you'd said was true - your conclusion does not follow. A system in which the state enforces prevention of copying is an anathema and must be dismantled. The access of authors to copy-rent incoming does not justify its existence.
> The copyright is the only source of income to authors outside of the academic world.
That's not true, in two aspects. First, there are multiple other potential sources of income for authors of popular works. Second, most authors of most works don't make money off of the copyright anyway, as not very many people/organizations pay for copies.
> And generally, authors should have a say about the use of their work.
I disagree. Just like poets don't have a say about the use of their poems, so should the case be about articles, books, software, composed music etc.
> as long as it serves the author, not to be stolen by the publisher
IIANM, most copy-rent money goes to publishers, not authors.
But they won’t.
If Universities stopped recognizing work published in paywalled journals when making hiring considerations, this debate would be over in a year. Parasitic journals like Science and Nature would lose their product and the business model would basically fall apart.
> business model
In a perfect world, we should be able to say: pick one.
Heck, even in our imperfect world with us mere human beings, I still believe that it would be for the better of academia to keep any "business model"-aspects out of it.
There is also peer review. But the peer reviewers typically don't get any money or even recognition for the time they invested. And that peer review happens before the paper is potentially published and then it will be in its final form.
Sites like Arxiv allow you to update your paper if there is feedback (aka post-publication peer review) which allows for a much larger audience of (constructive) critics.
Meanwhile SciHub and Arxiv host papers for free. So yes, it's pretty much only prestige that makes the difference.
A problem that only needs to be solved because of copyright. Get rid of restrictive laws and watch people take care of storage and distribution for a fraction of the cost using decentralized peer-to-peer technologies like torrents and ipfs. Plus there's always the internet archive.
Honestly, this kind of discussion comes up very often, but it is really difficult, if not impossible, to get out of this situation via bottom-up action. Top-down measures for governments are pretty much needed for any meaningful change.
(1) Actually, to be more precise, all my papers are already open-access, but many of them are in for-profit publishers that charge the author thousands of dollars to publish open-access, which in my view is also a parasitic model and a scourge for science like paying for subscription. The specific thing I've thought about is not publishing in any for-profit publisher at all, but anyway the shackles that keep us tied to publishers are the same in both cases (modulo whether you have funding to pay publishing charges or not).
Not publishing means you are not producing which means not being hired after.
It is difficult to get position, so if you want to stay in, you need to keep your record perfect.
So you can still continue to publish in journal, while the research is also still freely available. Usually you are also allowed to share the published article via email, just not put it publicly available on your website...
If it was funded by the taxpayers it should be accessible to (all the) taxpayers. This is something that EU (usa,...) should regulate and make it mandatory. If you expect Johnny the Plumber to pay for research, Johnny expects to be able to read what you did with his money.
That's usually just a deflection, you have to pay $5000+ to publish in those newly-established open-access-offshoot journals or pay equivalent for the open access privilege in the old journals.
Prestige still has a hefty price.
anything to support your claim? or just a bad generalization?
Let's say that the NSF, during a typical fiscal year, received requests for research funding which totaled far more dollars than the NSF actually had available to grant. And that the NSF had a long-established system of paperwork, procedures, and preferences - to decide which researchers would receive how much from the NSF's limited funds.
Now, if the NSF's preferences were inclined against supporting closed-access publication of research results, and if some universities were not so flush with research funding from other sources that they could happily maintain a "principled stance" and ignore the NSF's crass, self-serving bias...
Despite some laudable efforts, academia as a collective has proven themselves incapable of fighting the publishing cartels. As a result, it's turned out that the only viable pathway to true open access is large-scale civil disobedience on the part of sci-hub and its users.
This is a very interesting case to watch though as it could finally provide a legal basis on which sci-hub can operate, even if only in India.
You can have your copyright madness in the first.
Also the Antitrust Division of DOJ and the Bureau of Competition of the FTC should look into this. These companies do misuse the monopoly position and even collude and synchronise their actions.
Authors have to publish in current journals, do not get paid and then are not allowed or limited in sharing their work.
In 2018, 11 European research-funding organizations formed what is known as cOAlition S with the primary objective to ensure full, immediate, open access to all publications containing research data obtained in projects funded by its member agencies. The chief premises of cOAlition S were laid down in Plan S, which is scheduled for implementation in June 2020. So nowadays when someone wins grants from these agencies he’s required to publish his results in open access.
It’s not ideal, because many people reserve grant money for open access fees but AFAIK the policy also allows to publish behind paywall as long as you provide publicly available copy in repository (institutional or public like arxiv etc). In my opinion the second option is much better (as it saves money), but not all journals allow to put copy of the article in public repos (sometimes they require that the public version is either before editor’s revisions or puts some time embargo, like a year or 6 months, for publishing final version of the article).
Now if only Westerners could learn from India how cheap generic pharmaceuticals can be...
Stealing IP is definitely bad..But should access be denied to non-american academicians who spent, time effort and brain time to come with the findings in the first place?
They have a new business model, where only the first X people to request a paper need to pay an amount to access it, after that the payment becomes optional. It's supported by cryptocurrency, so it's accessible to people without banking, if needed. (One of the most legit usecases for crypto I've found).