Facts include Elsevier Ltd. and other plaintiffs alleging that defendant Alexandra Elbakyan, a Russian national, operates the website Sci-Hub, which infringes their copyrights by storing and distributing scientific articles. Elbakyan gave an undertaking on 24.12.2020 to not upload new plaintiff articles, later breached by adding post-2022 articles on Sci-Hub and a new sister site, Sci-Net, funded by cryptocurrency donations.
Procedurally, the case saw multiple hearings and applications, with the defendant’s counsel seeking discharge and intervenors in I.A. 590/2021 requesting to be heard without impleadment. The court noted the defendant’s lack of instructions and her email acknowledging the breach.
The core dispute centers on whether Sci-Hub and Sci-Net’s actions violate the defendant’s undertaking and court orders, constituting copyright infringement and contempt, with plaintiffs seeking to block these websites.
The decision found Elbakyan prima facie guilty of contempt for breaching the 24.12.2020 undertaking by uploading copyrighted material on Sci-Hub and Sci-Net. The court directed the Department of Telecommunications (DoT) and Ministry of Electronics and IT (MeitY) to issue blocking orders within 72 hours for Sci-Hub (www.sci-hub.ru and mirrors) and Sci-Net (www.sci-net.xyz), to be implemented by ISPs within 24 hours, continuing until further orders, with the next hearing set for 01.12.2025.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
