Update: Another day, another Elsevier website illegally selling articles https://thewinnower.com/papers/another-day-another-elsevier-...
Elsevier sold me a Creative Commons non-commercial licensed article
51–53 of 53 posts
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#52It looks like the corresponding author of this article (Didier Raoult) is also the Editor-in-Chief of the the journal (Clinical Microbiology and Infection), so it seems entirely possible that he might have relicensed the article to Elsevier when the journal moved over there from Wiley. This would be permitted, since Creative Commons does allow for dual licensing.
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Re: Elsevier sold me a Creative Commons non-commercial licensed article
#53Earlier quoted context omitted.
Copyright infringement is a civil tort, not necessarily illegal. The law defines infringement but does not prohibit it, but merely provides mechanisms of civil remedy. Fair use is not infringement. You may be thinking of criminal copyright infringement. That is a different matter entirely and would fall under what people consider as "illegal."
> Copyright infringement is a civil tort, not necessarily illegal. Civil torts are illegal, even though they are not criminal. > The law defines infringement but does not prohibit it, but merely provides mechanisms of civil remedy. That is incorrect, the law prohibits torts like infringement as much it prohibits criminal offenses. (It may do so by simply specifying the consequence of violation of the prohibition with…
Sorry, civil torts are most definitely not illegal. By "illegal" one means prohibited or punishable by the state. They are not.
Copyright infringement is defined in 17 USC 501. Nowhere is ordinary infringement prohibited, but civil remedies are provided in 17 USC 502-505. There are many circumstances under which civil claims may not be pursued, but also much lower standards of proof.
17 USC 506 makes willful infringement punishable under certain specific circumstances, which are a small subset of infringements.
> No, I'm just not falsely limiting "illegal" to "criminal".
Neither was I.