Legality: Sci-Hub operates in a legal gray area. It circumvents copyright restrictions to provide free access to paywalled academic papers. While copyright law varies by country, Sci-Hub's actions are widely considered to be copyright infringement. Various publishers have sued Sci-Hub, and courts in several countries have ruled against it. However, its servers are frequently moved and its founder, Alexandra Elbakyan, remains largely unpunished, reflecting the difficulties in enforcing copyright law on a global scale and the complexities around jurisdiction. Therefore, while not explicitly legal anywhere, its status remains a matter of ongoing legal battles and enforcement challenges.
Ethicality: The ethical considerations are also multifaceted.
* Arguments for ethical use: Proponents argue Sci-Hub promotes open access to knowledge, democratizing research and benefiting researchers in developing countries or those with limited institutional access. They contend that the current paywall system hinders scientific progress and unfairly restricts access to information already funded by public money (e.g., through government grants).
* Arguments against ethical use: Opponents argue that Sci-Hub violates copyright, harming the publishers and authors who hold the rights to their work. They point to the potential financial losses for publishers, impacting their ability to fund future research and publication. Moreover, the lack of proper attribution and the potential for unauthorized distribution of pre-print or flawed versions of articles raises concerns about academic integrity.
In conclusion, there's no simple yes or no answer. Sci-Hub's legality is questionable and its ethicality is a matter of ongoing debate, depending heavily on one's perspective and priorities regarding copyright, access to knowledge, and the economic models of academic publishing. Using Sci-Hub carries legal and ethical risks.