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Mar 4, 2019 at 8:21 comment added user2768 @Allure It's a known platform problem with stackexchange/stackoverflow. There are some excellent blog posts.
Mar 1, 2019 at 23:02 comment added Allure It makes be question why I bother helping people. that's why I'm upvoting.
Feb 28, 2019 at 8:09 comment added user2768 @cbeleites Saying "I saw a copy in the office of a colleague" or claiming academic misconduct, as opposed to admitting the truth (illegal downloading) is lying.
Feb 27, 2019 at 17:22 comment added cbeleites @user2768: why would any lies be necessary when reading a colleague's (physical) copy of a paper? Even loans of whole (paper) books are legal. Main side take-home message: there are typically several perfectly legal ways of obtaining a paper (maybe not as convenient as the pirate web page, though).
Feb 27, 2019 at 13:37 review Suggested edits
Feb 27, 2019 at 13:43
Feb 27, 2019 at 7:32 history edited user2768 CC BY-SA 4.0
added 224 characters in body
Feb 26, 2019 at 19:31 comment added Mason Wheeler @FedericoPoloni "The burden of proof lies on the accuser, in most sane legal systems." This is true. Unfortunately, copyright enforcement goes well outside the bounds of sanity pretty much everywhere. If the requirement of the burden of proof being on the accuser were applied consistently, copyright-enforcement things such as DRM and the DMCA takedown system simply could not exist. But unfortunately, they do.
Feb 26, 2019 at 15:42 comment added David Richerby @user2768 The point is that you can't reasonably tell who has legal access to a published paper. Even if somebody is at a university that doesn't have a subscription to that journal, there are so many other legitimate ways that the person could get access to the article without leaving any kind of paper trail, that nobody is ever going to conclude "You must have accessed that illegally."
Feb 26, 2019 at 13:20 comment added user2768 @FedericoPoloni Indeed, but also requires lying.
Feb 26, 2019 at 12:53 comment added Federico Poloni @user2768 Another valid justification is "I saw a copy in the office of a colleague". If I have access to a paper, nothing forbids me from showing it to another person privately.
Feb 26, 2019 at 10:35 comment added user2768 @FedericoPoloni Rephrasing as if you could not have legally accessed would perhaps be better, which the publisher might conceivably be able to do, e.g., with an argument such as: we accused has not paid for access, nor have their co-authors, nor have any of their institutions. Defending against such an argument could be problematic. (Not a lawyer.) Although, following from E.Rei, I suppose acknowledging academic misconduct works... Albeit, that requires lying if document were obtained illegally.
Feb 26, 2019 at 10:18 comment added E. Rei And as anyone that's ever marked undergraduate coursework will tell you, referencing an article is absolutely not proof that you've read it :)
Feb 26, 2019 at 10:10 comment added Federico Poloni You don't have to demonstrate legal access, in general. The burden of proof lies on the accuser, in most sane legal systems.
Feb 26, 2019 at 9:45 history answered user2768 CC BY-SA 4.0