Now imagine if, instead of trying to sue one 3rd-party publication
recycler, Elsevier and ACS had had to try to sue every one of the
universities of every one if its authors on the planet...
Just sayin'...
Bored Erstwhile Archivangelist
On Thu, Oct 4, 2018 at 1:58 AM Richard Poynder
wrote:
>
>
> -- Forwarded message -
> From: LIBLICENSE
> Date: Thu, 4 Oct 2018 at 00:44
> Subject: ACS and Elsevier file lawsuit against ResearchGate
> To:
>
>
> From: Ann Shumelda Okerson >
> Date: Wed, 3 Oct 2018 16:34:15 -0400
>
> The complaint can be found here:
>
>
> https://www.infodocket.com/wp-content/uploads/2018/10/acs_elsevier_rgate.pdf
>
> US District Court -- District of Maryland
>
> Begins :
>
> 1. This action arises from the massive infringement of peer-reviewed,
> published journal articles (“PJAs”). Plaintiffs publish the articles
> in their journals and own the respective copyrights. Defendant
> deliberately uses infringing copies of those PJAs to drive its
> business.
>
> 2. Founded in 1876, Plaintiff ACS is an internationally renowned
> professional and scientific society. It publishes over 50
> peer-reviewed scientific journals, primarily in the field of chemistry
> and related disciplines. Founded in 1880, Plaintiff Elsevier is an
> international multimedia publishing company. Elsevier publishes
> hundreds of thousands of articles annually in over 2,500 peer-reviewed
> journals it maintains. Founded in 2008, Defendant ResearchGate is a
> for-profit business that owns and operates an online social network
> and file sharing / download service. Each is aimed at scientists,
> researchers and related professionals and located on ResearchGate’s
> website at http://ResearchGate.net (the “RG Website”).
>
> 3. This lawsuit focuses on ResearchGate’s intentional misconduct
> vis-à-vis its online file-sharing / download service, where the
> dissemination of unauthorized copies of PJAs constitutes an enormous
> infringement of the copyrights owned by ACS, Elsevier and other
> journal publishers. The lawsuit is not about researchers and
> scientists collaborating; asking and answering questions; promoting
> themselves, their projects, or their findings; or sharing research
> findings, raw data, or pre-prints of articles.
>
> 4. ResearchGate’s infringing activity is no accident. Infringing
> copies of PJAs are a cornerstone to ResearchGate’s growth strategy.
> ResearchGate deliberately utilizes the infringing copies to grow the
> traffic to its website, its base of registered users, its digital
> content, and its revenues and investment from venture capital.
> ResearchGate knows that the PJAs at issue cannot be lawfully uploaded
> to and downloaded from the RG Website. Nevertheless, in violation of
> the rights of ACS, Elsevier, and others, ResearchGate uploads
> infringing copies of PJAs and encourages and induces others to do so.
> ResearchGate finds copies of the PJAs on the Internet and uploads them
> to computer servers it owns or controls. In addition, ResearchGate
> lures others into uploading copies of the PJAs, including by directly
> asking them to do so, encouraging use of a “request full-text”
> feature, and misleadingly promoting the concept of “selfarchiving.”
> ResearchGate is well aware that, as a result, it has turned the RG
> Website into a focal point for massive copyright infringement.
>
> [AND SO ON]
>
>
>
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