Who Owns Knowledge? Delhi High Court Hears Sci-Hub Copyright Case

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The Delhi High Court is currently hearing a landmark copyright case: Elsevier Ltd. & Ors. v. Alexandra Elbakyan & Ors., which could shape the future of academic publishing and open access in India. The plaintiffs approached the Delhi High Court in 2020 seeking a permanent injunction against Sci-Hub and LibGen, and immediate blocking of these domains in India.

• Sci-Hub and LibGen illegally reproduce and distribute copyrighted works without authorization.
• The free access they provide destroys the subscription model that publishers rely on, causing serious commercial losses.
• By hosting millions of copyrighted articles, they are engaged in systematic piracy, which cannot be justified under law.
• The plaintiffs pressed for an interim injunction, arguing that continued access to these platforms causes irreparable damage to their business and undermines the publishing industry.
• Alexandra Elbakyan and intervenors (students, researchers, and lawyers) argued that Sci-Hub serves a public interest mission, ensuring that knowledge is accessible to all, not just those who can afford expensive subscriptions.
• They invoked Section 52 of the Indian Copyright Act, which allows use of copyrighted works for research, education, and library purposes, claiming Sci-Hub’s role falls within this exception.
• Blocking Sci-Hub would harm lakhs of students and researchers in India, depriving them of critical academic resources needed for innovation, healthcare, and education.
• They emphasized that publishers prioritize profit over public access, while Sci-Hub aligns with the right to education and equality.
• The Delhi High Court refused to grant an immediate blanket injunction in favor of the publishers.
• Justice observed that the matter involved serious questions of law and public interest, particularly concerning educational exceptions in Indian copyright law.
• The Court recognized that millions of students and researchers depend on Sci-Hub and LibGen, and blocking them outright could cause disproportionate harm.
• Instead, the Court decided to conduct a detailed examination of the copyright exceptions under Indian law before passing final orders.
• The case is still pending final adjudication before the Delhi High Court.
• At present, no permanent injunction has been issued, and Sci-Hub and LibGen remain accessible in India.
• The matter continues to be closely watched, as the final ruling will determine whether academic publishers’ commercial rights outweigh the public interest in access to knowledge, or vice versa.