issuance in USDC
grant a preliminary
injunction when the plaintiffs demonstrate 1) a likelihood of
success on the merits,
2) irreparable harm in the absence of an
3) a balance of the hardships tipping in their
and 4 ) that issuance of an injunction would not do a
disservice to the public interest.
F. 3d 27 5,
278 ( 2d Cir.
The Motion is Granted
With the exception of Elbakyan,
none of the Defendants
filed any opposition to the ins
arch papers should be distributed
for free (open access),
And practices of such
companies like Elsevier are unacceptable,
distribution of knowledge."
because they limit
ld. at 2.)
Elsevier contends that the public interest favors the
issuance of an injunction because doing so will "protect the
delicate ecosystem which supports scientific research
Dkt. No. 6,
It states that the
money it generates by selling access. to scientific research is
used to supp
characters around the word.