Many readers will have heard of Sci-Hub which makes almost 50 million copyrighted journal articles freely available. Derek has blogged about Sci-Hub and has also suggested that it might not matter as much as some think that it does. Readers might also want to take a look at some other posts ( 1 | 2 | 3 ) on the topic. I'll focus more on some of the fallout that might result from Sci-Hub's activities but won't be expressing an opinion as to who is right and who is wrong. Briefly, one side says that knowledge should be free, the other side says that laws have been broken. I'll leave it to readers to decide for themselves which side they wish to take because nothing I write is likely to change people's views on this subject.
Sci-Hub and its creatrix are based in Russia and, given the current frosty relations between Russia and the countries which host the aggrieved journal publishers, it is safe to assume that Sci-Hub will be able to thumb its nose at the those publishers for the foreseeable future. Sci-Hub relies relies on helpers to provide it with access to to the copyrighted material and these helpers presumably do this by making their institutional subscription credentials available to Sci-Hub. It's worth noting that one usually accesses copyrighted material through a connection that is recognized by the publisher and only a very small number of people at an institution actually know the access keys/passwords. One important question is whether or not publishers can trace the PDFs supplied by Sci-Hub. I certainly recall seeing PDFs from certain sources being marked with the name of the institution and date of download so I don't think that one can safely assume that no PDF is traceable. If a publisher can link a PDF supplied by Sci-Hub to a particular institution then presumably the publisher could sue the institution because providing third parties with access is specifically verboten by most (all?) subscription contracts. An institution facing a legal challenge from a publisher would be under some pressure to identify the leaks and publishers would be keen for some scalps pour encourager les autres.
While it would be understatement to say that the publishers are pissed off that Sci-Hub has managed to 'liberate' almost 50 million copyrighted journal articles, it is not clear how much lasting damage has been done. The fee for downloading an article to which one does not have subscription access is typically in the range $20 to $50 but my guess is that only a tiny proportion of publishers' revenues comes from these downloads. I actually think the publishers set the download fees to provide institutions with the incentive to purchase subscriptions rather than to generate revenue from pay-per-view. If this is the case, Sci-Hub will only do real damage to the publishers if, by continuing to operate, it causes institutions to stop subscribing or helps them to negotiate cheaper subscriptions.
There is not a lot that the publishers can do about the material that Sci-Hub already has in its possession but there are a number of tactics that they might employ in order to prevent further 'liberation' of copyrighted material. I don't know if it is possible to engineer a finite lifetime into PDF files but they can be protected with passwords and publishers may try to only allow a small number of individuals at each institution to direct access the copyrighted material as PDF files. Alternatively the publishers might require that individual users create accounts and change passwords regularly in order to make it more difficult (and dangerous) for Sci-Hub's helpers to share their access. Countermeasures put in place by publishers to protect content are likely to add complexity to the process of accessing that content. This in turn would make it more difficult to mine content and the existence (and scale) of Sci-Hub could even be invoked as a counter to arguments that the right to read is the right to mine.
Given that almost 50 million articles are freely available on Sci-Hub, one might consider potential implications for Open Access (OA). There is a lot of heated debate about OA although the issues are perhaps not as clear cut as OA advocates would have you believe and this theme was explored in a post from this blog last year. Although there is currently a lot of pressure to reduce the costs of subscriptions, it is difficult to predict how far Sci-Hub will push subscription-based journal publishers towards a purely OA business model. For example, we may see scientific publication moving towards a 'third way' in the form of pre-publication servers with post-publication peer review. I wouldn't be surprised to learn that 'direct to internet' has usurped both subscription-based and OA scholarly publishing models twenty years from now. That, however, is going off on a tangent and, to get things back on track, I'd like you to think of Sci-Hub from the perspective of an author who has paid a subscription-based journal $2000 to make an article OA. Would it be reasonable for this author to ask for a refund?
While it would be understatement to say that the publishers are pissed off that Sci-Hub has managed to 'liberate' almost 50 million copyrighted journal articles, it is not clear how much lasting damage has been done. The fee for downloading an article to which one does not have subscription access is typically in the range $20 to $50 but my guess is that only a tiny proportion of publishers' revenues comes from these downloads. I actually think the publishers set the download fees to provide institutions with the incentive to purchase subscriptions rather than to generate revenue from pay-per-view. If this is the case, Sci-Hub will only do real damage to the publishers if, by continuing to operate, it causes institutions to stop subscribing or helps them to negotiate cheaper subscriptions.
There is not a lot that the publishers can do about the material that Sci-Hub already has in its possession but there are a number of tactics that they might employ in order to prevent further 'liberation' of copyrighted material. I don't know if it is possible to engineer a finite lifetime into PDF files but they can be protected with passwords and publishers may try to only allow a small number of individuals at each institution to direct access the copyrighted material as PDF files. Alternatively the publishers might require that individual users create accounts and change passwords regularly in order to make it more difficult (and dangerous) for Sci-Hub's helpers to share their access. Countermeasures put in place by publishers to protect content are likely to add complexity to the process of accessing that content. This in turn would make it more difficult to mine content and the existence (and scale) of Sci-Hub could even be invoked as a counter to arguments that the right to read is the right to mine.
Given that almost 50 million articles are freely available on Sci-Hub, one might consider potential implications for Open Access (OA). There is a lot of heated debate about OA although the issues are perhaps not as clear cut as OA advocates would have you believe and this theme was explored in a post from this blog last year. Although there is currently a lot of pressure to reduce the costs of subscriptions, it is difficult to predict how far Sci-Hub will push subscription-based journal publishers towards a purely OA business model. For example, we may see scientific publication moving towards a 'third way' in the form of pre-publication servers with post-publication peer review. I wouldn't be surprised to learn that 'direct to internet' has usurped both subscription-based and OA scholarly publishing models twenty years from now. That, however, is going off on a tangent and, to get things back on track, I'd like you to think of Sci-Hub from the perspective of an author who has paid a subscription-based journal $2000 to make an article OA. Would it be reasonable for this author to ask for a refund?


