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How Indian lawyers, scientists gave Sci-Hub its first legal defense team

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Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#51
post #7

Earlier quoted context omitted.

But pirating music is different from streaming it on some application. Like you don't own the music file you're just streaming it from some servers(in case of downloading you still need the app and can't share it to some other device).

I don't think that matters. Everybody had a bunch (or thousands) of MP3s because mobile phones weren't a thing, fast mobile connections weren't a thing and there was simply no infrastructure to have something like Spotify. If we'd have Spotify with everything in 2003, we would not swap hard drives in school breaks.

I was a subscriber to “Yahoo music unlimited” in 2005 and transferred my DRM’d WMA files to a zen micro with a 4GB spinning disc.

granted, i never met anyone else at school doing the same thing.

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#52
post #47
post #46

Earlier quoted context omitted.

Hence why jury nullification scares the ever loving crap out of the Justice system. Binding precedent is created by the Jury, which throws a wrench into the works that for some reason is seen less acceptable or "official" than a prosecutor exercising prosecutorial discretion.

Jury nullification does not create binding precedent.

That only makes things even more hilarious, because now the Justice system can't even claim to be consistently applying stare decisis across the board if that is the case.

Rather it only does it when someone makes the decision that to do so is convenient for maintaining the integrity of the Judicial system; thereby creating the facade that the entire thing isn't rife with capricious singularities like it actually is.

When laws are impossible to consistently enforce (as evidenced by prosecutorial discretion), or juries are not on board with seeing them enforced, it should be a much more blatant signal something is up or off than it is.

In fact, is there even a record of cases of "refused prosecutions"? If not, maybe there should be. Then there's be an objective metric to analyze to see if a law is being abused selectively.

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#53
post #17
post #9

Earlier quoted context omitted.

What is a fair price? There is no such thing. An economically optimal price is one that maximizes total profit. If it's too high, fewer people will buy the product, which might reduce profit. If it's too low, the profit margin will be small in spite of lots of units sold.

This is an absurdly limited point of view. If I charge 3x as much as other vendors, then force them to raise their prices by firebombing businesses that don't comply, it might (conceivably) maximize profit, but most people would think it unfair, largely because it was founded on unfair restraint of trade. I don't think the prices on music were unfair before. No one has to have music, and there was no evidence that th…

> there was no evidence that the prices were enforced by unfair practices

Copyright is the unfair practice at work here enforcing high prices for distribution of information, a service which can be provided at practically zero cost when not restrained by force.

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#54

>“The way the publishing industry is functioning is unethical. Though what Alexandra Elbakyan is doing is illegal she is countering an industry that is working unethically,” 100% agree with this; Though i would dispute that what she is doing is "illegal". When the deck is completely stacked against you, going outside the rules is not "illegal". Every rational, educated person on this planet should support free access…

I think the author meant that from a constitutional POV. There are no provisions for free access even if its not affordable.

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#55
post #50

why? what is the "benefit of elsevier"? beyond holding copyright to the work of others which they give away for free, what value addition does elsevier bring to the table that cant be done otherwise? if the argument is that they provide classification and other stuff, why cant you just dump everything on schihub and let people do the organization themselves? remember a few hundred years ago, horse drawn carts were a…

> on a sidenote, why arent authors and researchers publishing on scihub directly? Because Elsevier own prestigious journals that authors want to publish on. Its like saying why compete in the Olympics when you can compete in your local races.

why dont they dual publish or does publishing on elsevier make you forfeit the right to publish elsewhere ? publish on elsevier and simultaneously publish on scihub also? what is the problem in that?

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#57
post #9
post #5

Earlier quoted context omitted.

I am not convinced music prices were "unfair" -- they were higher than people wanted to pay. There is a distinction.

What is a fair price? There is no such thing. An economically optimal price is one that maximizes total profit. If it's too high, fewer people will buy the product, which might reduce profit. If it's too low, the profit margin will be small in spite of lots of units sold.

Yes, but it depends if the goods or service is essential. Is knowledge/ education/ access to information essential?

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#58
post #52
post #47

Earlier quoted context omitted.

Jury nullification does not create binding precedent.

That only makes things even more hilarious, because now the Justice system can't even claim to be consistently applying stare decisis across the board if that is the case. Rather it only does it when someone makes the decision that to do so is convenient for maintaining the integrity of the Judicial system; thereby creating the facade that the entire thing isn't rife with capricious singularities like it actually is.…

Cases are recorded in general. I don't know if there's a BigQuery LexisNexis or whatever, but I bet someone has access to a representative database and can grep for "we the jury declare the defendant not guilty" followed by "the judge was foiled and slunk back to its lair to concoct a new scheme".

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#59
post #50

Earlier quoted context omitted.

> on a sidenote, why arent authors and researchers publishing on scihub directly? Because Elsevier own prestigious journals that authors want to publish on. Its like saying why compete in the Olympics when you can compete in your local races.

why dont they dual publish or does publishing on elsevier make you forfeit the right to publish elsewhere ? publish on elsevier and simultaneously publish on scihub also? what is the problem in that?

I don't follow this issue in detail but I think Elsevier edits the drafts so you are not free to publish it elsewhere unless you pay extra to make it open access. The other option is to publish the draft copies elsewhere before Elsevier touches it.

Re: How Indian lawyers, scientists gave Sci-Hub its first legal defense team

#60
post #19
post #9

Earlier quoted context omitted.

What is a fair price? There is no such thing. An economically optimal price is one that maximizes total profit. If it's too high, fewer people will buy the product, which might reduce profit. If it's too low, the profit margin will be small in spite of lots of units sold.

> An economically optimal price is one that maximizes total profit. The economically optimal price is the one that maximizes total value in the long run.

> maximizes total value in the long run.

What value? Units sold/quantity of product? If so, should businesses operate at breakeven in the long run?

This is an interesting take, it is optimal for everyone, not just the producers. I agree that this would be the ideal scenario for society.

The problem is - how to arrive at it?

Profit sends a message that offering X instead of Y is more profitable - and therefore, better use of one's time.

How would you reduce/remove profit without destroying incentives to innovate or even pivot to new industries?

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