OF THE INJUSTICE OF COUNTERFEITING OF BOOKS" BY I. KANT: ARGUMENTS AGAINST SCIENTIFIC PIRACY
Anastasiia Nikolaevna Artemova
Institute of Philosophy and Law, Siberian Branch of the Russian Academy of Sciences, Novosibirsk, Russia
Keywords: scientific piracy, copyright infringement, exclusive right to a work, license agreement, machine learning, open license
Abstract
In this article, the author examines the phenomenon of scientific piracy, i.e. copying and distributing scientific works through online libraries without the consent of the copyright holders. Despite the fact that such actions are prohibited by law in various countries, including the Russian Federation, this phenomenon has many supporters. In search of a philosophical basis for the legislative ban, the author refers to the work of Immanuel Kant "Of the Injustice of Counterfeiting Books" of 1798. It seems that the arguments against literary piracy presented by I. Kant have not lost their relevance and can be used to substantiate the position on the inadmissibility of copyright infringement at the present time in the era of total digitalization. Based on the philosophical basis proposed by I. Kant, as well as court practice (the conclusions of the US District Court formulated in the decision on the Elsevier v. Sci-Hub case), the author comes to the conclusion that the arguments of the supporters of scientific piracy are untenable.
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