The problem with this is that currently, as best as anyone knows, Sci-hub works via proxying using legitimate logins. At a University level, usually there is some server running that acts as a proxy so that students and instructors on the campus can access (all calls get proxied), or students can access off campus using their federated student logins, which then creates a quick web-proxy.
Since it's just a login/access to proxied logins, Sci-hub has a third option which they will most definitely double-down on: try to "fix" the log in problem they have.
As important as I do think piracy is for situations just like this, the problem with trying to understand piracy in a market environment is that piracy doesn't really follow the same rules as other market elements. While there may be some economic value to pirates, for the most part, they can compete on cost and free of the trappings of business deals. They don't have to worry about making a profit, and as such are not influenced by the responses from other elements, such as those they're pirating from.
This isn't "oh woe to the publishers"; I do think they've been bending us over forever. But to expect them to respond to piracy as they would another business is unrealistic in my mind, especially when they can just regulate and sue their way to their goals.
What hopefully happens as a result of Sci-hub is that it will change the way that researchers and their institutions look towards paper publication in the future, once they realize that there's no longer a need for Elsevier and its kin. That is change I hope happens. But to expect Elsevier et. al. to do anything but try to return to their status quo is kind of absurd.
While I agree on some of the major points - the business will try to maintain status quo especially and reacting to pirates is different than reacting to businesses - I think that, as someone on the outside without a big care either way, this can't help be have the same issues as IAA vs Pirates.
At the end of the days, now that the IAA has moved towards models that meet the needs that were unmet years ago (streaming, large catalogs at high fidelity, etc) they are able to gasp make money again. They were afraid to leave the "old media" but once forced (kicking and screaming every step of the way) they were able to realize new ways that met demands. People pay for music again.
Not all things are the same between the two (Academic papers and Music/MP3s) obviously, but the fact is Elsevier can only stick to the "old way" at it's own peril. Closing "Napster" didn't solve it - in fact it just created a whack-a-mole game. Attacking Sci-Hub won't solve the problem that Elsavier obviously isn't meeting market needs in an ever changing technology landscape.
>for the most part, they can compete on cost and free of the trappings of business deals.
Pirate sites are usually also run by small teams, don't have dedicated user interface experts, can't easily offer apps, etc. Users are willing to pay for convienience, there's lots of room for big companies to be competitive with pirates.
And yet, according to the article about 15% of SciHub users use SciHub because it's more convienient to use than the alternatives. If the pirates are cheaper and have the better user experience, why would anybody not use the pirate platform?
Of course building a product that's competitive with pirate offers doesn't prevent you from legally challenging them. A war can be fought on multiple fronts at once.
Since it's just a login/access to proxied logins, Sci-hub has a third option which they will most definitely double-down on: try to "fix" the log in problem they have.
As important as I do think piracy is for situations just like this, the problem with trying to understand piracy in a market environment is that piracy doesn't really follow the same rules as other market elements. While there may be some economic value to pirates, for the most part, they can compete on cost and free of the trappings of business deals. They don't have to worry about making a profit, and as such are not influenced by the responses from other elements, such as those they're pirating from.
This isn't "oh woe to the publishers"; I do think they've been bending us over forever. But to expect them to respond to piracy as they would another business is unrealistic in my mind, especially when they can just regulate and sue their way to their goals.
What hopefully happens as a result of Sci-hub is that it will change the way that researchers and their institutions look towards paper publication in the future, once they realize that there's no longer a need for Elsevier and its kin. That is change I hope happens. But to expect Elsevier et. al. to do anything but try to return to their status quo is kind of absurd.