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US Court Grants ISPs and Search Engine Blockade of Sci-Hub

torrentfreak.com

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Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#121

Post by kw71 »

I have been following this judge, Leonie Brinkema for about twenty years. Her court and rulings are interesting and amusing. It seems to me like she lets a lot of nonsense fly to rule in favor of her personal beliefs or patrons or whatever they may be. I think I have caught her applying different rules at times. This might be an abusive technical default judgment, considering the actual value of the works and other issues like process service shenanigans that are common with these judgments.

I would love to hear what her rationale for this dollar amount is. After watching her for so long, the "airplane" level of "unbelievable bs" in her transcripts and rulings makes me want to wager the answer is among: they're my friends; I like this type of plaintiff; this is the order they presented and I simply signed it without consideration or review.

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#122

Post by djsumdog »

wccrawford wrote: post #3
lykr0n wrote: post #2

I don't want to be that guy, but nothing here seems outlandish. A website is actively violating US law, didn't show up to defend itself, and now facing an injunction. The same happens for foreign entities that do not comply with US law. I'll be interested to see how far this goes, and if any ISPs start blocking the site. With the whole Net Neutrality debate, I'm curious to see if the ISPs change their stance when the…

The blocking of the site by ISPs and search engines is the bad part, IMO. Other than that, it seems pretty standard. And it's kind of dumb, because they could just get a new domain name, like many of the other torrent sites do. It's effectively worthless.

It's also a first amendment violation. Do US ISPs currently actively block any websites? US ISPs do have mandatory monitoring, which means you can get to child porn sites, but you immediately get reported for it.

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#123

Post by djsumdog »

Idontknowmyuser wrote: post #103

I wonder what are the challenges against implementing an open "near-full-automated" journal? - anyone can submit a paper. which is stored in the yet to be reviewed section. - only users with confirmed university affilation / users that published more than X papers can opt in to become a reviewer. - a reviewer is randomly selected to receive a review offer [in his indicated field] which he can accept or decline. - the…

So a StackOverflow model for papers? Haven't a few people been attempting that in some of the open access projects?

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#124

Post by kilotaras »

Idontknowmyuser wrote: post #103

I wonder what are the challenges against implementing an open "near-full-automated" journal? - anyone can submit a paper. which is stored in the yet to be reviewed section. - only users with confirmed university affilation / users that published more than X papers can opt in to become a reviewer. - a reviewer is randomly selected to receive a review offer [in his indicated field] which he can accept or decline. - the…

Problem with journals is not technological, but a coordination one (same as with p-value).

If every scientist "defects" to open-access journal - everyone is better of. But if only a handful do that they will lose impact factor and will take a hit to their career.

Addition: This is commonly known as Nash Equilibrium[0].

[0] https://en.wikipedia.org/wiki/Nash_equilibrium

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#125

Post by aw3c2 »

KGIII wrote: post #108
aw3c2 wrote: post #104

Earlier quoted context omitted.

Be aware that this is huge : http://archiveteam.org/index.php?title=Library_Genesis

I will have to spin up some spare drives and it's going to take a while. I'll do the SciMag, though it will take a few months to synch it all. I've got spare driver and will actually end up needing to set them in a new box. I've been meaning to do this project for a while but lacked a good reason. Thanks.

Have fun and thanks!

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#126

Post by return0 »

c517402 wrote: post #98
return0 wrote: post #85

Earlier quoted context omitted.

many funding bodies do. but what to do about older papers?

Maybe a law reducing the length of copyright on academic papers to a few years.

actually thats not a good idea. A paper may already take 1+ year to go from experiment to publication, it should be open for everyone to read immediately to be most useful - science moves fast.

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#127

Post by fao_ »

Bromskloss wrote: post #59
mattmanser wrote: post #40

Earlier quoted context omitted.

This presents some pretty extreme view points as if they're perfectly reasonable. I doubt you could find any member of the public who would say "Yes" if asked "Should research you paid for cost you money to read?". No reasonable person would agree with the rules as they are if they were introduced today, we got here because it's not an election issue and special interests and lobbyists have distorted rules written ce…

> I doubt you could find any member of the public who would say "Yes" if asked "Should research you paid for cost you money to read?". Isn't that a claim that the public may have against the researchers, rather than against journals? A journal is merely _offering_ a publishing service, and the public may, if they deem that service unacceptable, demand of the researchers that they do not use it.

> and the public may, if they deem that service unacceptable, demand of the researchers that they do not use it.

Many hiring requirements for researchers is that they have a published paper in X journal. Usually these journals are run by Elsevier, who takes copyright from the researchers. Are suggesting that the public lobby universities to change their hiring practices? (In which case you had better have a good alternative, otherwise you'll most likely be laughed off)

Anyway, your putting the burden on the public feels like just another way of saying "Someone else should do it". You're a member of the public, have you set up anything to demand that researchers not publish in certain journals?

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#128

Post by TheCoelacanth »

mnm1 wrote: post #75
avh02 wrote: post #6

Earlier quoted context omitted.

I grew up in a country where certain websites (you know, like adult sites) are blocked, I'm not comparing this to that exactly, but isn't it strange to be told that your ISP is hereby not allowed to provide you access to a website? Especially when nobody unanimously agrees that it's a bad thing? (I'm not here to argue the ethics/morality of it, but pointing out that it has proponents on both sides) I mean, I know blo…

Strange? Yes, it's strange that the first amendment be ignored by the courts themselves when ordering such a clearly unconstitutional injunction. It basically boils down to the government telling ISPs and other sites what legal text they can and cannot write on their sites. I cannot think of a clearer, more direct violation of the first amendment.

Article I Section 8 of the Constitution gives Congress the authority to establish copyright. That puts it on equal footing to the First Amendment, and being more specific than the First Amendment gives it precedence.

Re: US Court Grants ISPs and Search Engine Blockade of Sci-Hub

#129

Post by someonewhocar3s »

gooseus wrote: post #21

I support Scihub and all efforts to make the body of human knowledge and scientific research freely available to all humans... especially if any of the research has been funded by taxpayer dollars. I believe that at most, these journals should enjoy a limited copyright that expires after a short time (1-10 years?) after which the papers should be freely available. That being said, this is disappointing to me: > Sci-H…

You should wonder what kind of judge would punish Sci-Hub in absence, given the US is like as not to imprison and disproportionally fine whomever is sent to represent Sci-Hub.

This is not the 1800's anymore. You can't expect someone to /want/ to come to YOUR court to HELP YOU apply YOUR LAW in YOUR NATION, especially not with the HUGE RISKS!

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