“Elsevier inc. v. sci-hub”: some aspects of copyright infringement in digital space

Abstract

Many scientists are faced with the problem of finding the necessary scientific papers to use their work. In this regard, most of them resort to the opportunities provided by «scientific pirates». In connection with the digitalization of science, many scientists have the opportunity to download paid articles on specialized pirate sites. Such piracy activity is illegal and violates copyright. At the same time, neither legislation nor specific court orders can stop the illegal activities of such sites. In this article, using the example of one of the most famous copyright infringement case “Elsevier Inc. v. Sci-hub” conducted a comparative legal analysis of the copyright laws of the United States (a developed country) and Russia (a developing country), revealed weaknesses in the laws of both countries and concluded that the current state of copyright does not keep pace with the digitalization of science, and such inflexibility adversely affects not only the prestige of copyright itself, but also the research and investment climate in the state.