The Delhi HC passed a order on 9th February, 2023. This was seen in the case of Elsevier Ltd. and ors. v. Alexandra Elbakyan and ors. 572/2020 and the case was presided over by Hon’ble Justice Sanjeev Narula
THE FACTS OF CASE:
Sci-Hub is a library website that provides free access to research papers and books. The publishing houses before the Delhi High Court had filed a copyright infringement lawsuit against Sci-Hub, and another similar website, Lib-Gen alleging that these websites were indulging in online piracy.
According to the publishing houses, Sci-Hub had communicated and provided illegal access of the publishing houses’ literary works, in the form of medical journals, to the public for use and download. The website, Lib-Gen or Library Genesis was also stated to have provided access of the said works in scientific and medical fields as well as non-scientific works by unauthorized means.
Sci-Hub’s owner, Elbakyan had grounded her application to dismiss this lawsuit on the claim that there was no valid copyright assignment agreement between the plaintiffs and the authors of works in respect of which copyright infringement was claimed.
ORDER:
The Delhi High Court has dismissed an application by the owner of the website, Sci-Hub, Alexandra Elbakyan, for the dismissal of a lawsuit filed by publishing houses, Elsevier, Wiley and American Chemical Society over claims of copyright infringement and online piracy.
Elbakyan had filed the application under under Order VII, Rule 11 of the Code of Civil Procedure (CPC) on the ground that the plaint did not disclose any cause of action. As such, Elbakyan contended that the suit was barred by law.
Justice Sanjeev Narula dismissed the application after noting that Elbakyan had, in a written statement filed earlier, “categorically admitted that Plaintiffs are owners of copyright in subject works.”
The Court also observed that Elbakyan had previously moved another application before the High Court to withdraw the said admission, which was dismissed by the Court on November 3, 2022.
The Court, however, opined that these were aspects to be examined during adjudication after an examination of disputed questions of facts.
“There is, as discussed above, a categorical admission of Ms. Elbakyan qua copyright in favour of Plaintiffs. Therefore, the legal question urged in application, founded on the construction of the agreements, is no longer a pure question of law. Further, the dispute relating to validity of such agreements regarding adequacy or sufficiency of economic/ monetary consideration itself is a question of fact and plea advanced in the instant application, founded on provisions of Copyright Act, which would require adjudication on facts … The legality, veracity and relevancy of such agreements cannot be undertaken at this stage”, the Court said, while dismissing Elbakyan’s application.
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Order reviewed by Drishti verma
