Follow up to previous posting, Controversy over free journal access database keeps Sci-Hub in legal and research spotlight – Via TorrentFreak –  PDF copy of Memorandum of Law in Support of Plaintiffs’ Application for Leave to Take Expedited Discovery – Elsevier Inc., Elsevier B.V., and Elsevier Ltd. v Sci-Hub d/b/a ww.sci-hub.org, The Library Genesis Project d/b/a Libgen.org., Alexandra Elbakyan, John Does 1-99. Case 1:15-cv-04282-RWS Document 67 Filed 09/13/16 Page 1 of 13- United States District Court, Southern District of New York.
“As the Court is aware from proceedings to date, Elsevier is a world leading provider of professional information solutions in the Science, Medical, and Health sectors. Elsevier distributes its scientific journal articles and book chapters electronically via its proprietary subscription database “ScienceDirect.” As set forth in the Complaint, the Declarations of Joseph V. DeMarco and Paul F. Doda, and the exhibits thereto, certain unknown individuals have effected a scheme to pirate Elsevier’s copyrighted scientific works by distributing those works , without authorization, on the Internet. On October 28, 2015, this Court granted Plaintiffs’ request for a preliminary injunction against Defendants. The Order specifically restrained the Defendants from “unlawful access to, use, reproduction, and/or distribution of Elsevier’s copyrighted works and from assisting any other person or business entity in engaging in” such activities. Plaintiffs now seek expedited discovery to identify and locate the Defendants. Because most of these individuals have taken great steps in executing their unlawful scheme to conceal their true identities, Elsevier has been unable to identify and name them in its Complaint in this action. Instead, as the Court knows, Elsevier has named “John Does 1-99.” Elsevier therefore seeks leave from the Court to conduct expedited discovery for the limited purpose of sufficiently identifying these individuals so as to be able to name and serve them as Defendants. Specifically, Elsevier seeks to obtain the IP addresses at which two of the Defendants’ websites are located as well as the names, addresses, and contact information, concerning the operators of those websites from a third-party Internet service provider. Elsevier seeks this information for the limited purposes of identifying the Defendants in this action and identifying any service providers who host Defendants’ websites that are covered by the Order so that Elsevier may provide to those service providers copies of this Court’s Orders.”