Court Ruling on Online Shadow Libraries

The Delhi High Court has mandated that authorities take action to restrict access to online shadow libraries such as Sci-Hub and Sci-Net, along with their mirror sites, following a copyright infringement lawsuit.


Sci-Hub describes itself as the “most controversial project in modern science,” asserting its mission is to offer free and unrestricted access to scientific knowledge.


In a ruling issued on Tuesday, the court instructed the Union Ministry of Information Technology and the Department of Telecommunications to ensure that internet and telecom service providers implement blocking orders within a 72-hour timeframe.


In 2020, prominent academic publishers, including Elsevier and Wiley, along with its Indian branch, filed a case against Sci-Hub and similar platforms in the High Court.


The publishers argued that these websites “completely ignore copyright laws,” as stated in their petition.


They further claimed that Sci-Hub's intentions were not to support “research, study, instruction, or education” but rather to exploit the efforts of publishers and authors.


During the initial hearing in 2020, the High Court prohibited Sci-Hub and similar sites from uploading new copyrighted content until further notice.


However, an investigation revealed that articles published in 2022 were still accessible on Sci-Hub and Sci-Net, which was considered a breach of the 2020 court ruling.


In response, Sci-Hub's founder, Alexandra Elbakyan, stated that the violation was due to a technical glitch. She also claimed that Sci-Net operates independently from Sci-Hub, arguing that the 2020 ruling did not apply to it.


Justice Manmeet Pritam Singh Arora noted that Elbakyan had knowingly violated her previous court undertaking and remarked that she had not participated in the recent hearings or communicated with her legal team.


The court concluded that her actions represented a “willful disregard” for its orders and determined that blocking access to these sites was a necessary measure to prevent further infringements.


The case is scheduled for a follow-up hearing on December 1.


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