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‘An issue of public importance,’ Delhi HC allows intervention applications filed by scientists in SciHub Libgen copyright suit

The Delhi High Court has on Wednesday allowed an intervention application filed by scientists, Delhi Science Forum, and Society for Knowledge Commons in the Sci-Hub and LibGen copyright infringement suit filed by international publication giants.

A single-judge bench of Justice J.R. Midha, hearing the plea through video conferencing, noted, “It is an issue of public importance, it is very important to the scientific community.”
The intervention application has alleged, “Injuncting defendants from making the copies available will completely shut out rights under Section 52 to scientists, students, and researchers in India.”

The plea stated,

“Applicants seek intervention because prayers being sought by the plaintiffs have very serious consequences for the Indian scientific and research community.”

“Section 52 of the Copyright Act removes certain acts from the scope of what constitutes infringement in terms of section 51. This means that for the acts covered by section 52 no license and no permission is required. As soon as material is made available to the public all persons become entitled to exercise the rights granted by Section 52.”

“Scientists, researchers, and scholars must continue to have access to the databases provided by Defendants 1 and 2 because such access and use is non-commercial and is for non-profit educational purposes,” the application further added.

Whereas, counsel appearing for the petitioner contended that Defendant no. 1 Alexandra Elbakyan has not filed an affidavit and the website is a rogue website and has been blocked in 10 other countries.

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The bench while issuing notice over the intervention application has listed the matter for further on February 23, extending the interim order the bench has allowed two weeks to file written submission.

-India Legal Bureau  

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