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The article states that the judgement is regarding copyright infringement on 100 articles and the damages awarded are $15 million. It also notes that 28 millio
by droithomme 9y ago
The article states that the judgement is regarding copyright infringement on 100 articles and the damages awarded are $15 million.
It also notes that 28 million articles have been downloaded, so perhaps the true damages according to law, if all downloads were considered, should be 28e6*15e6/100 = $4.2 trillion.
I wonder, how many of the 100 articles, or the 28 million for that matter, were written by staff at Elsevier? Well the number is zero articles of course. Then we might ask, how many of the 100 articles or the 28 million articles were written by anyone for whom Elsevier financially compensated? Again the number is zero articles of course. Yet Elsevier, who neither wrote nor paid for any of these articles they claim copyright to, is entitled to $4.2 trillion in damages.
We might also ask, how many of the 28 million articles downloaded were done so by people who if they had not found it on scihub would have paid the $28 or $39 or $179 1 day or 3 day or 7 day "access pass" to read the single article? Perhaps it is a few. Perhaps before scihub there were up to dozens of people a month buying these access passes, across the many millions of articles Elsevier claims to own despite them never having authored them nor having financially compensated the authors.
Who are the real thieving parasitical self-serving pirates here? Is it Elbakyan? Or is it Elsevier?
Who is the scientist fighting for academic freedom and working to spread knowledge here? Is it Elbakyan? Or is it Elsevier?
- smueller1234 9y agoCould it maybe be that all or a good chunk of the damage ruling was punitive damages? Then your math resulting in trillions doesn't make sense. Caveat: not a lawyer. https://en.m.wikipedia.org/wiki/Punitive_damages https://en.m.wikipedia.org/wiki/Punitive_damages
- na85 9y agoI think everyone knows the answers to your rhetorical questions. But unfortunately laws don't work that way, particularly in the case of copyright.
- tzs 9y agoStatutory damages are based on the number of works infringed, not the number of infringing copies, so the calculation in your second paragraph is probably off.
- majewsky 9y agoIf we have 28e6 downloads, I would consider it very likely that a lot of these are unique works (by gut feeling along the lines of Zipf's law), so even if the number of unique works in that set is lower, it should be in the same ballpark.