Delhi HC orders immediate ban on shadow libraries in India
What's the story
The Delhi High Court has ordered the immediate ban of shadow libraries like Sci-Hub and Libgen in India. The court has directed the Ministry of Electronics and Information Technology (MeitY) and the Department of Telecommunications (DoT) to take action within 24 hours. The case against these platforms was filed by a group of publishers, including Elsevier, Wiley Periodicals, and the American Chemical Society, in 2020.
Allegations
Publishers accused platforms of online piracy
The publishers accused Sci-Hub and Libgen of violating copyright laws and engaging in online piracy. In the first hearing, the court ordered these platforms not to share new papers copyrighted by these publishers until the next hearing. However, an investigation revealed that articles published in 2022 were later found on Sci-Hub and another platform called Sci-Net, violating the orders issued in 2020.
Response
Creator of Sci-Hub called it technical error
In response to the violation, Alexandra Elbakyan, the creator of Sci-Hub, said it was a technical error. She also clarified that Sci-Net is a separate entity from Sci-Hub and thus the undertaking from 2020 was applicable to it. Despite these claims, groups of researchers across India have defended these websites as they provide access to vital information for research purposes.
Defense
Copyright Act allows 'fair dealing' for research
In February 2021, the Delhi Science Forum and the Society for Knowledge Commons intervened in the case.They argued that the Copyright Act allows "fair dealing" of any work for "research," which absolves these allegations against Sci-Hub and Libgen. This defense highlights a broader debate about access to information and copyright laws in India.