Pirates of the Academe: A Critical Criminological Analysis of Intellectual Property Laws Criminalizing Filipino College Students Using Pirated Papers from Sci-Hub

• Main Author: Mapa, Jasper Franz T.
• Format: text
• Published: Animo Repository 2024
• Subjects: Copyright; Works of Government; Edicts of Government; Sweat of the Brow Doctrine; Modules; Basic Education
• Online Access: https://animorepository.dlsu.edu.ph/apipmibookseries/3; https://animorepository.dlsu.edu.ph/context/apipmibookseries/article/1002/viewcontent/3_Mapa_monograph_final_112024.pdf
• Institution: De La Salle University

This study addresses the unrecognized impact of shadow libraries and piracy websites on copyright and intellectual property laws within academic institutions. Focusing on students from the Philippines who faced criminalization for using Sci-Hub, the study aims to provide valuable insights and bridge gaps in the existing literature from critical criminological perspectives. By exploring the criminalization resulting from intellectual property laws, student motivations for accessing Sci-Hub, and the social characteristics that influenced their usage, the researcher sought to gain a comprehensive understanding of the phenomenon. Using snowball sampling, four participants were recruited for this study. The findings revealed four main themes: a) social characteristics and initial use, b) repetitive use of Sci-Hub, c) core motivations in using Sci-Hub, and d) ethical dilemma of criminalized students. The study demonstrated that shadow libraries like Sci-Hub and their users are penalized under intellectual property laws, specifically R.A. No. 8293 Sec 177. The motivations driving students to access Sci-Hub are rooted in the necessity of fulfilling research requirements and the lack of online research accessibility. Given the financial limitations faced by students in developing countries, Sci-Hub becomes a compelling resource. These findings contribute to a deeper understanding of students’ motivations for using Sci- Hub, the implications of intellectual property and copyright laws in the Philippines, and the broader field of critical criminology.